SB 5689 — Establishing a statewide policy supporting Washington state's economy and immigrants' role in the workplace.

S-4859.1SECONDS-1135.2SENATE SUBSTITUTE SENATE BILL 5689State of Washington65th Legislature2018Legislature2017 Regular SessionBy Senate Ways & Means (originally sponsored by Senators Wellman, Saldaña, Nelson, Keiser, Hasegawa, McCoy, Carlyle, Pedersen, Chase, Ranker, Conway, Darneille, and Kuderer)READKudererRead FIRSTfirst TIMEtime 02/06/18.AN02/02/17.AN ACT Relating to establishing a statewide policy supporting Washington state's economy and immigrants' role in the workplace;

adding a new section to chapter 10.93 RCW;

Immigrants make a significant contribution to the economic vitality of this state, and it is essential that the state have policies that recognize their importance to Washington's economy.(3) In recognition of this significant contribution to the overall prosperity and strength of Washington state, the legislature, therefore, has a substantial and compelling interest in ensuring the state of Washington remains a place where the rights and dignity of all residents are maintained and protected in order to keep Washington working.NEW SECTION.  Sec. 2.  A new section is added to chapter 43.17 RCW to read as follows:(1) "Civil immigration warrant" means any warrant for a violation of federal civil immigration law, and includes civil immigration warrants entered in the national crime information center database.(2) "Federal immigration authority" means any officer, employee, or person otherwise paid by or acting as an agent of United States immigration and customs enforcement, or United States customs and border protection, or any division thereof, or any other officer, employee, or person otherwise paid by or acting as an agent of the United States department of homeland security, who is charged with immigration enforcement.(3) "Health facility" has the same meaning as the term "health care facility" provided in RCW 70.175.020, and includes substance abuse treatment facilities.(4) "Hold request" means a United States immigration and customs enforcement or United States customs and border protection request that a local law enforcement agency maintain custody of an individual currently in its custody beyond the time he or she would otherwise be eligible for release in order to facilitate transfer to United States immigration and customs enforcement and includes, but is not limited to, department of homeland security form I-247AI-247D.(5) or prior or subsequent version of form I-247.(5) "Immigration orenforcement" citizenshipincludes status"any meansand all mattersefforts regarding questions of citizenship of the United States or any other country, the authority to resideinvestigate, inenforce, or otherwiseassist be present in the Unitedinvestigation States, the time or mannerenforcement of a person's entry into the United States, or any other civil immigration matter enforced by the department of homeland security or other federal agency charged with the enforcement of civil immigration laws.(6)law, "Judicialand warrant"also meansincludes aany warrant based on probable cause and issuedall byefforts ato federalinvestigate, judgeenforce, or aassist federalin magistrate judge that authorizes federal immigration authorities to take into custody the personinvestigation whoor isenforcement the subject of theany warrant.(7)federal "Localcriminal immigration law enforcementthat agency"penalizes means any agency of a city,person's county,presence specialin, district,entry, or otherreentry politicalto, subdivisionor ofemployment in, the stateUnited thatStates isincluding, authorizedbut tonot enforcelimited criminalto, statutes,violations regulations,of orTitle local8 ordinances;U.S.C.

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1253, 1324c, 1325, or 1326.(6) "Immigration or citizenship status" means all matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States, the time or manner of a person's entry into the United States, or any other civil immigration matter enforced by the department of homeland security or other federal agency charged with the enforcement of civil immigration laws.(7) "Judicial warrant" means a warrant based on probable cause and issued by a federal judge or a federal magistrate judge that authorizes federal immigration authorities to take into custody the person who is the subject of the warrant.(8) "Local law enforcement agency" means any agency of a city, county, special district, or other political subdivision of the state that is authorized to enforce criminal statutes, regulations, or local ordinances;

or to monitor compliance with probation or parole conditions.(8)conditions.(9) "Notification request" means a United States immigration and customs enforcement or a United States customs and border protection request that a local law enforcement agency inform either agency of the release date and time in advance of the public of an individual in its custody and includes, but is not limited to, the department of homeland security's form I-247N.(9)I-247N.(10) "Public schools" means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board and all institutions of higher education as defined in RCW 28B.10.016.(10)28B.10.016.(11) "School resourcepolice officers and security departments" includes resourcepolice officers, police, and security departments of charter schools, county offices of education, schools, school districts, and institutions of higher education as defined in RCW 28B.10.016.(11)28B.10.016.(12) "State agency" has the same meaning as provided in RCW 7.60.005.(12)7.60.005.(13) "Transfer request" means a United States immigration and customs enforcement request that a local law enforcement agency facilitate the transfer of an individual in its custody to the United States immigration and customs enforcement or the United States customs and border protection and includes, but is not limited to, the department of homeland security's form I-247X.NEW SECTION.  Sec. 3.  A new section is added to chapter 43.330 RCW to read as follows:(1) A keep Washington working statewide worksteering groupcommittee shall be established within the department.

The worksteering groupcommittee must:(a) Develop strategies with private sector businesses, labor, and immigrant advocacy organizations to support current and future industries across the state;(b) Conduct research on methods to strengthen career pathways for skilled immigrants and create and enhance partnerships with projected growth industries;(c) Support business and agriculture leadership, civic groups, government, and immigrant advocacy organizations in a statewide effort to provide predictabilitythe andagriculture stabilityindustry towith thea workforcepredictable inand thestable agricultureworkforce;(d) industry;(d) Recommend approaches to improve Washington's ability to attract and retain immigrant business owners that provide new business and trade opportunities.(2) The workcommittee group must consist of eleven representatives, each serving a term of three years, representing members from geographically diverse immigrant advocacy groups, professional associations representing business, labor organizations with a statewide presence, agriculture and immigrant legal interests, faith-based community nonprofit organizations, legal advocacy groups focusing on immigration and criminal justice, academic institutions, and law enforcement.

TheMembers terms of the memberscommittee must beselect staggered.a chair from among the membership.

MembersThe ofsteering thecommittee workmust groupmeet mustat selectleast six times a chairyear fromand amonghold meetings in various locations throughout the membership.state.

TheFollowing workeach groupmeeting, the committee must meetreport to the governor on its status.(3) In addition to the duties and powers described in RCW 43.330.040, it is the director's duty to provide support to the committee.NEW SECTION.  Sec. 4.  A new section is added to chapter 43.10 RCW to read as follows:The attorney general, in consultation with the appropriate stakeholders, must publish model policies for limiting immigration enforcement to the fullest extent possible consistent with federal and state law at leastpublic fourschools, timeshealth facilities operated by the state or a yearpolitical subdivision of the state, courthouses, and holdshelters, meetingsto inensure variousthey locationsremain throughoutsafe and accessible to all Washington residents, regardless of immigration or citizenship status within three months after the state.effective date of this section.

Following each meeting, the work group must report the minutes and meeting summary to the department on its status.

The department must provide a report to the legislature annually.(3) In addition to the duties and powers described in RCW 43.330.040, it is the director's duty to provide support to the work group.NEW SECTION.  Sec. 4.  A new section is added to chapter 43.10 RCW to read as follows:The attorney general, in consultation with the appropriate stakeholders, must publish model policies for limiting immigration enforcement to the fullest extent possible consistent with federal and state law at public schools, health facilities operated by the state or a political subdivision of the state, courthouses, and shelters, to ensure they remain safe and accessible to all Washington residents, regardless of immigration or citizenship status within three months after the effective date of this section.

All other organizations and entities that provide services related to physical or mental health and wellness, education, or access to justice, are encouraged to adopt the model policy.NEW SECTION.  Sec. 5.  A new section is added to chapter 43.17 RCW to read as follows:(1)follows:All All state agencies that regularly receive requests from a federal immigration authority for assistance with immigration enforcement must, within six months after the effective date of this section, review their confidentiality policies and identify any changes necessary to ensure that information collected from individuals is limited to that necessary to perform agency duties and is not used or disclosed for any other purpose.

The policies must also ensure that public services are available to, and public employees must serve, all Washington residents without regard to immigration or citizenship status.(2)status.NEW ForSECTION.  Sec. 6.  A anynew databasessection operatedis byadded stateto andchapter local43.17 lawRCW enforcementto agencies,read includingas databasesfollows:No maintainedstate foragency theor agencydepartment, byincluding privatelaw vendors,enforcement, themay attorneyuse generalagency shall,or bydepartment Januaryfunds, 1,facilities, 2019,property, inequipment, consultationor withpersonnel appropriateto stakeholders,investigate, publishenforce, guidance,cooperate auditwith, criteria,or andassist trainingin recommendationsthe aimedinvestigation ator ensuringenforcement thatof thoseany databasesunconstitutional areor governedillegal inregistration aor mannersurveillance thatprograms limitsor theany availabilityother ofunconstitutional informationor thereinillegal tolaws, therules, fullestor extentpolicies practicablethat andtarget consistentWashington withresidents federalon andthe statebasis law,of torace, anyonereligion, immigration, or anycitizenship entitystatus, foror thenational purposeor ofethnic immigrationorigin. enforcement.

AllAny state andagency localor department, including law enforcement, may not make databases available to anyone or any entity for the purpose of immigration enforcement agenciesor mustinvestigation either:(a)or Adoptenforcement necessaryof changesany tofederal databaseprogram governancerequiring policiesregistration consistentof withindividuals thaton guidance;the basis of race, religion, immigration, or citizenship status, or national or ethnic origin.

or(b)Any Notifyagreements thein attorneyexistence generalon that the agencyeffective isdate notof adoptingthis thesection changesthat tomake itsany databaseagency governanceor policydepartment consistentdatabases withavailable the guidance, state the reasons that theare agencyin isconflict notwith adopting the changes,terms andof providethis thesection attorneyare generalterminated withon athat copydate.NEW ofSECTION.  Sec. 7.  A the agency's database governance policy.NEW SECTION.  Sec. 6.  A new section is added to chapter 43.17 RCW to read as follows:Nofollows:(1) stateState agencyand orlocal department,law includingenforcement lawagencies enforcement,and school police and security departments may not use agency or department funds, facilities, property, equipment, or personnel to investigate, enforce,interrogate, cooperatedetain, with,detect, or assistarrest inpersons for immigration enforcement purposes including, but not limited to, any of the investigationfollowing:(a) Inquire into or enforcementcollect ofinformation anyabout registrationan individual's immigration or surveillancecitizenship programsstatus, or anyplace otherof laws,birth;(b) rules,Respond orto policiesnotification thatand targettransfer Washingtonrequests residentsfrom solelyfederal onimmigration theauthorities;(c) basisRespond ofto race,requests religion,for immigration,nonpublicly oravailable citizenshippersonal status,information orabout nationalan orindividual ethnicincluding, origin.NEWbut SECTION.  Sec. 7.  Anot newlimited sectionto, isinformation addedabout tothe chapterperson's 10.93release RCWdate, tohome readaddress, asor follows:(1)work Theaddress legislaturefor findsimmigration thatenforcement itpurposes;(d) isMake notarrests thebased primaryon purposecivil ofimmigration statewarrants;(e) andGive localfederal lawimmigration enforcementauthorities agencies,access schoolto resourceinterview officers,individuals in agency or securitydepartment departmentscustody tofor enforceimmigration civilenforcement federalpurposes;(f) Perform the functions of an immigration law.officer, whether pursuant to Title 8 U.S.C.

The legislature further finds that the immigration status of an individual or an individual's presence in, entry, or reentry to, or employment in the United States alone, is not a matter for police action, and that United States immigration and customs enforcement has primary jurisdiction for enforcement of the provisions of Title 8 U.S.C.

dealing with illegal entry.(2) State and local law enforcement agencies, school resource officers, and security departments may not:(a) Inquire into or collect information about an individual's immigration or citizenship status or place of birth;(b) Respond to notification requests from federal immigration authorities.(3) State and local law enforcement agencies may not provide nonpublicly available personal information about an individual to federal immigration authorities in a noncriminal matter, except as required by law.(4) State and local law enforcement agencies may not give federal immigration authorities access to interview individuals in custody in a noncriminal matter, except as required by law.(5) Notwithstanding any other provision of law, state or local law enforcement agencies, school resource officers, or security departments may not transfer or detain an individual to federal immigration authorities absent a judicial warrant establishing probable cause to believe that the person has committed a criminal offense.

This subsection does not limit the scope of any other subsection of this section.(6) Nothing in this section prevents a state agency or department or any state or local law enforcement agency, including school resource officers or security departments, from responding to a request from federal immigration authorities for information about a specific person's previous criminal arrests or convictions where otherwise permitted by state law or from responding to a lawful subpoena.(7) An individual may not be detained solely for the purpose of determining immigration status.(8) An individual may not be taken into custody, or held in custody, based solely on a civil immigration warrant.(9) An individual must be provided all rights due to the individual, including consular notification as required or authorized by treaty or applicable law, regardless of the individual's immigration status.(10) An agency may not deny services, benefits, privileges, or opportunities to individuals in custody, or under community custody or probation status, on the basis of the presence of an immigration detainer, hold, notification request, or civil immigration warrant.(11) No state and local law enforcement officer may be placed under the supervision of federal agencies solely for immigration enforcement.

Any officer placed under the supervision of federal agencies remains subject to Washington law governing conduct of peace officers and the policies of the employing agency.NEW SECTION.  Sec. 8.  In accordance with Title 8 U.S.C.

1373,1357(g) nothingor inany thisother actlaw, prohibitsregulation, anyor statepolicy, whether formal or localinformal;(g) agencyDeny services, benefits, privileges, or agentopportunities fromto sendingindividuals to,in custody, or receivingunder from,community federalcustody immigrationor authoritiesprobation status, on the citizenshipbasis orof immigrationthe statuspresence of aan person,immigration detainer, hold, notification request, or maintainingcivil suchimmigration information.warrant;

Noror(h) doesPlace itpeace prohibitofficers aunder statethe supervision of federal agencies or localemploy agencypeace fromofficers exchangingdeputized theas citizenshipspecial federal officers or immigrationspecial statusfederal deputies, except to the extent those peace officers remain subject to Washington law governing conduct of anpeace individualofficers withand the policies of the employing agency.(2) Notwithstanding any other federal,provision state,of law, state or local governmentlaw agency.NEWenforcement SECTION.  Sec. 9.  Thisagencies actor school police or security departments may benot knowntransfer andan citedindividual asto thefederal keepimmigration Washingtonauthorities workingfor act.NEWpurposes SECTION.  Sec. 10.  Theof followingimmigration actsenforcement or partsdetain ofan actsindividual areat eachthe repealed:(1)request RCWof 10.70.140federal (Aliensimmigration committed—Noticeauthorities tofor purposes of immigration authority)enforcement andabsent 1992a cjudicial 7warrant sestablishing 29probable &cause 1925to ex.s.believe that the person has committed a criminal offense.

This subsection does not limit the scope of subsection (1) of this section.(3) Nothing in this section prevents a state agency or department or any state or local law enforcement agency, including school police or security departments, from responding to a request from federal immigration authorities for information about a specific person's previous criminal arrests or convictions where otherwise permitted by state law or from responding to a lawful subpoena.(4) Nothing in this section prohibits or restricts any government entity or official from sending to, or receiving from federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual pursuant to Title 8 U.S.C.

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1373 and 1644.NEW SECTION.  Sec. 8.  This act may be known and cited as the keep Washington working act.NEW SECTION.  Sec. 9.  The following acts or parts of acts are each repealed:(1) RCW 10.70.140 (Aliens committed—Notice to immigration authority) and 1992 c 7 s 29 & 1925 ex.s.

c 169 s 2.NEW SECTION.  Sec. 11.  ThisSECTION.  Sec. 10.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.--- END ---