Washington State Legislature Passes Bill Requiring Notice of Federal I-9 Audits to Employees

At a Glance

• Within five business days of receiving notification from a federal agency of any inspection of I-9 forms and any related worker records, employers must provide a written notice to each worker and their authorized representative.
• Within five business days of receiving results of inspection, employers must provide individual notice to each affected employee of the obligations of the employer and the employee arising from the results of inspection.
• Employers who fail to comply with the notice requirements could potentially face both government action and civil litigation. The Washington State Attorney General’s Office may investigate violations of the law, impose civil fines, and take further legal action. Employees also have a private right of action to file a lawsuit in court.

The Washington State Legislature recently passed the Immigrant Worker Protection Act (HB 2105) (Act) that imposes new notice obligations on employers when federal agencies request records related to the work-eligibility of their employees. The bill is intended to ensure that workers receive advance notice of immigration-related inspections of employment records and information on the results of these inspections.

If signed into law, the Act will take effect on October 1, 2026, and will require employers to adopt new procedures when responding to federal inspections of Forms I-9. Washington may soon join states like California and Illinois in requiring employers to notify employees if there are questions from the federal government related to employees’ work eligibility.

Background

Federal agencies can issue a Notice of Inspection (NOI) requiring employers to produce Forms I-9 and related employment records of their employees. These inspections are often conducted to verify the employees’ authorization to work in the United States. Under the Immigrant Worker Protection Act, Washington employers must provide workers with notice of such inspections and certain follow-up communications from federal authorities.

Key Employer Notice Requirements

1. Notice of Federal Inspection

• Within five business days of receiving notification from a federal agency of any inspection of I-9 forms and any related worker records, employers must provide a written notice to each worker and their authorized representative, if any.
• The notice must include a copy of the NOI, identify the federal agency conducting the inspection, provide the date of the NOI, and describe the types of records requested.
• The notice must be provided in English and the five most commonly spoken non-English languages in Washington. Alternatively, an employer may use a model notice in accordance with the instructions provided by the state attorney general, which should be available by September 1, 2026.
• The notice must be posted in a conspicuous workplace location or transmitted directly to employees using the employer’s regular method of communication, which must include at least one of: (i) hand delivery; (ii) mail with proof of delivery; or (iii) email with proof of transmission or text message that may include a link to a notice maintained on a webpage, with proof of transmission.

2. Notice of Inspection Results

• Within five business days of receiving results of inspection, employers must provide individual notice to each affected employee and their authorized representative, if any, of the obligations of the employer and the employee arising from the results of inspection.
• The notice must include a copy of the federal notice regarding the employee, a description of any deficiencies identified, the deadline to correct the issue, a mutually agreed-upon time and date or options for times and dates for a meeting with the employer to correct any identified deficiencies, and information regarding the employee’s right to representation during any meeting with the employer to address the deficiencies.
• Only information related to the affected worker must be provided — other employees’ personal information must be redacted.
• The notice must be provided in the language most regularly used for communication between the employer and affected employee.
• The employer must also give the worker information about statewide resources and the worker’s rights.

3. Posting Requirement

• The Washington State Attorney General’s Office must develop and publish on its website a model poster by September 1, 2026, informing workers of their rights under the law. Employers must display this poster in a conspicuous workplace location beginning October 1, 2026.

4. Anti-Retaliation Protections

• The legislation prohibits employers from retaliating against employees for exercising their rights under this law or for participating in the notice process.

Enforcement and Liability

Employers who fail to comply with the notice requirements could potentially face both government action and civil litigation. The Washington State Attorney General’s Office may investigate violations of the law, impose civil fines, and take further legal action. Employees also have a private right of action to file a lawsuit in court and may recover damages, reasonable attorney’s fees and costs, and any other appropriate remedy, including equitable relief, authorized under state and federal law.