HB 1815 — Establishing a statewide policy supporting Washington state's economy and immigrants' role in the workplace.

H-2229.1SECONDH-1200.1HOUSE SUBSTITUTE HOUSE BILL 1815State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentatives Appropriations (originally sponsored by Representatives Ortiz-Self, Chandler, Thai, Lekanoff, Ryu, Valdez, Pettigrew, Stonier, Gregerson, Wylie, Ormsby, Goodman, Pollet, Doglio, Peterson, Morris, Riccelli, Fey, Appleton, Frame, Jinkins, Davis, Walen, Orwall, Stanford, Dolan, Hudgins, Santos, Springer, Macri, and Morgan)READMorganRead FIRSTfirst TIMEtime 03/01/19.AN01/31/19.Referred to Committee on Civil Rights & Judiciary.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 72.09 RCW;

A new section is added to chapter 43.17 RCW to read as follows:The definitions in this section apply throughout this section and sections 3 through 98 of this act unless the context clearly requires otherwise.(1) "Civil immigration warrant" means any warrant for a violation of federal civil immigration law issued by United States immigration and customs enforcement or United States customs and border protection, and includes, but is not limited to, administrative warrants issued on forms I-200 or I-203, or their successors, and 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, also known as "ICE," or United States customs and border protection, also known as "CBP," or any present or future divisions 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, or immigration detainer request, without a judicial warrant, that a state or 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-247A or prior or subsequent versions of form I-247.(5) "Immigration or citizenship status" means a person's recorded citizenship or immigration status, as such status is defined in the immigration and nationality act.(6) "Judicial warrant" means a warrant based on probable cause and issued by a federal judge or a federal magistrate judge that authorizes federal immigration authority.authorities to take into custody the person who is the subject of the warrant.(7) "Language services" includes but is not limited to translation, interpretation, training, or classes.

A "civil immigration warrant" includes, but is not limited to, administrative warrants issued on forms I-200 or I-203, or their successors, and civil immigration warrants entered in the national crime information center database.(2) "Court order" means a directive issued by a judge or magistrate under the authority of Article III of the United States Constitution or Article IV of the Washington Constitution.

A "court order" includes but is not limited to warrants and subpoenas.(3) "Federal immigration authority" means any officer, employee, or person otherwise paid by or acting as an agent of the United States department of homeland security including but not limited to its subagencies, immigration and customs enforcement and customs and border protection, and any present or future divisions thereof, charged with immigration enforcement.(4) "Health facility" has the same meaning as the term "health care facility" provided in RCW 70.175.020, and includes substance abuse treatment facilities.(5) "Hold request" or "immigration detainer request" means a request from a federal immigration authority, without a court order, that a state or 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 a federal immigration authority.

A "hold request" or "immigration detainer request" includes, but is not limited to, department of homeland security form I-247A or prior or subsequent versions of form I-247.(6) "Immigration detention agreement" means any contract, agreement, intergovernmental service agreement, or memorandum of understanding that permits a state or local law enforcement agency to house or detain individuals for federal civil immigration violations.(7) "Immigration or citizenship status" means a person's recorded citizenship or immigration status, as such status is defined in the immigration and nationality act.(8) "Language services" includes but is not limited to translation, interpretation, training, or classes.

Interpretation means transfer of an oral communication from one language to another.(9)another.(8) "Local government"law enforcement agency" means any governmentalagency entityof a city, county, special district, or other thanpolitical subdivision of the state,state federalthat agencies,is orauthorized anto operatingenforce systemcriminal establishedstatutes, underregulations, chapteror 43.52local RCW.ordinances;

It includes, but is not limited to, cities, counties, school districts, and special purpose districts.(10) "Local law enforcement agency" means any agency of a city, county, special district, or other political subdivision of the state that is a general authority Washington law enforcement agency, as defined by RCW 10.93.020, or that is authorized to operate jails or to maintain custody of individuals in jails;

or to monitor compliance with probation or parole conditions.(11)conditions.(9) "Notification request" means a requestUnited fromStates immigration and customs enforcement or a federalUnited immigrationStates authoritycustoms and border protection request that a state or local law enforcement agency inform aeither federalagency immigration authority of the release date and time in advance of the release of an individual in its custody.custody and includes, but is not limited to, the department of homeland security's form I-247A, form I-247N, or prior or subsequent versions of such forms.(10) "Physical custody of the department of corrections" means only those individuals detained in a state correctional facility but does not include minors detained pursuant to chapter 13.40 RCW, or individuals in community custody pursuant to RCW 9.94A.731 or chapter 72.65 RCW.(11) "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.(12) "School resource officer" means any law enforcement officer who contracts with or whose law enforcement agency contracts with any charter school, educational service district, school, school district, or institution of higher education as defined in RCW 28B.10.016 to provide law enforcement services, or any law enforcement officer whose primary responsibility is to provide law enforcement to schools.(13) "State agency" has the same meaning as provided in RCW 42.56.010.NEW SECTION.  Sec.

"Notification request" includes, but is not limited to, the department of homeland security's form I-247A, form I-247N, or prior or subsequent versions of such forms.(12) "Physical custody of the department of corrections" means only those individuals detained in a state correctional facility but does not include minors detained pursuant to chapter 13.40 RCW, or individuals in community custody as defined in RCW 9.94A.030.(13) "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.(14) "School resource officer" means any person who contracts with or whose law enforcement agency contracts with any charter school, educational service district, school, school district, or institution of higher education as defined in RCW 28B.10.016 to provide law enforcement services, or any law enforcement officer whose primary responsibility is to provide law enforcement to schools.(15) "State agency" has the same meaning as provided in RCW 42.56.010.(16) "State law enforcement agency" means any agency of the state of Washington that:(a) Is a general authority Washington law enforcement agency as defined by RCW 10.93.020;(b) Is authorized to operate prisons or to maintain custody of individuals in prisons;

or(c) Is authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities.NEW SECTION.  Sec.

or(b) Notify the attorney general that the agency is not adopting the changes to its policies consistent with the model policy, state the reasons that the agency is not adopting the changes, and provide the attorney general with a copy of the agency's policies.(3) 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.(4) The definitions in section 2 of this act apply to this section.(5) Implementation of any policy under this section must be in accordance with state and federal law;

or other agreements related to the operation and functions of the organization, including databases within the organization.(5)organization.NEW The definitions in section 2 of this act apply to this section.NEW SECTION.  Sec.

A new section is added to chapter 43.17 RCW to read as follows:(1) ExceptThe asfollowing providedstate inagencies subsectionshall (3)review oftheir thisconfidentiality section,policies noand stateidentify agency,any includingchanges lawnecessary enforcement,to mayensure usethat agencyinformation funds,collected facilities,from property,individuals equipment,is orlimited personnel to investigate,that enforce,necessary cooperateto with,perform oragency assistduties inand theis investigationnot orused enforcement of any federal registration or surveillancedisclosed programsfor or any other laws,purpose. rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin.

ThisAny subsectionnecessary doeschanges not apply to anythose programpolicies withshall thebe primarymade purpose of providing persons with services or benefits, or to RCW 9.94A.685.(2) Except as providedexpeditiously in subsection (3) of this section, the state agencies listed in subsections (5) and (6) of this section shall review their policies and identify any changes necessary to ensure that:(a) Information collected from individuals is limited to the minimum necessary to comply with subsection (3) of this section;(b) Information collected from individuals is not disclosed except as necessarypossible, toconsistent comply with subsectionagency (3) of this section or asdepartment permittedprocedures. by state or federal law;(c) Agency employees may not condition services or request information or proof regarding a person's immigration status, citizenship status, or place of birth;

and(d)These Publicpolicies servicesshall aremake availableclear to,that andpublic agency employees shallmay serve,not allcondition Washingtonservices residentsor withoutrequest regardinformation to immigration or citizenshipproof status.(3)regarding Nothinga inperson's subsectionimmigration (1) or (2)citizenship ofstatus, this section prohibits the collection, use, or disclosureplace of informationbirth, thatexcept is:(a) Required to comply with state or federal law;(b) In response to a lawfully issued court order;(c) Necessary to perform agency duties, functions, or other business, as permittedrequired by statutelaw. or rule, conducted by the agency that is not related to immigration enforcement;(d) Required to comply with policies, grants, waivers, or other requirements necessary to maintain funding;

or(e)The Inpolicies themust formalso ofensure deidentifiedthat orpublic aggregatedservices data,are includingavailable censusto, data.(4)and Anypublic changesemployees toshall agencyserve, policiesall requiredWashington byresidents thiswithout sectionregard mustto beimmigration madeor ascitizenship expeditiouslystatus. as possible, consistent with agency procedures.

Final policies must be published.(5)published.(a) The following statedepartments agencies shall begin implementation of this section within six months after the effective date of this section and demonstrate full compliance by December 1, 2021:(a)2021:(i) Department of licensing;(b)licensing;(ii) Department of labor and industries;(c)industries;(iii) Employment security department;(d)department;(iv) Department of revenue;(e)revenue;(v) Department of health;(f)health;(vi) Health care authority;(g)authority;(vii) Department of social and health services;(h)services;(viii) Department of children, youth, and families;(i)families;(ix) Office of the superintendent of public instruction;(j)instruction;(x) State patrol.(6)patrol.(b) The following statedepartments agencies may begin implementation of this section by December 1, 2021, and must demonstrate full compliance by December 1, 2023:(a)2023:(i) Department of agriculture;(b)agriculture;(ii) Department of financial institutions;(c)institutions;(iii) Department of fish and wildlife;(d)wildlife;(iv) Department of natural resources;(e)resources;(v) Department of retirementretirement;(vi) systems;(f) Department of services for the blind;(g)blind;(vii) Department of transportation.NEWtransportation.(2) SECTION.  Sec.For any databases operated by state law enforcement agencies, including databases maintained for the agency by private vendors, the attorney general shall, by January 1, 2020, in consultation with appropriate stakeholders, publish guidance, audit criteria, and training recommendations aimed at ensuring that those databases are governed in a manner that limits the availability of information therein, to the fullest extent practicable and consistent with federal and state law, to anyone or any entity for the purpose of immigration enforcement.

All state law enforcement agencies must either:(a) Adopt necessary changes and publish final policies to database governance policies consistent with that guidance;

or(b) Notify the attorney general that the agency is not adopting the changes to its database governance policies consistent with the guidance, state the reasons that the agency is not adopting the changes, and provide the attorney general with a copy of the agency's database governance policies.NEW SECTION.  Sec.

A new section is added to chapter 10.9343.17 RCW to read as follows:(1)follows:No Thestate definitionsagency containedor indepartment, sectionincluding 2law ofenforcement, thismay actuse applyagency toor thisdepartment section.(2)funds, Thefacilities, legislatureproperty, findsequipment, thator itpersonnel isto notinvestigate, enforce, cooperate with, or assist in the primaryinvestigation purposeor enforcement of stateany andfederal localregistration lawor enforcementsurveillance agenciesprograms or schoolany resourceother officerslaws, torules, enforceor civilpolicies federalthat target Washington residents solely on the basis of race, religion, immigration law.or citizenship status, or national or ethnic origin.

TheThis legislaturesection furtherdoes findsnot thatapply theto immigrationdeidentified status of an individual or anaggregate individual'sdata, presenceincluding in,census entry,data.NEW orSECTION.  Sec. 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.

dealing7. with illegal entry.(3) For any databases operated by state and local law enforcement agencies, including databases maintained for the agency by private vendors, the attorney general shall, by January 1, 2020, in consultation with appropriate stakeholders, publish guidance, audit criteria, and training recommendations aimed at ensuring that those databases are governed in a manner that limits the availability of information therein to the fullest extent practicable and consistent with federal and state law, to anyone or any entity for the purpose of immigration enforcement.

A new section is added to chapter 10.93 RCW to read as follows:(1) The definitions contained in section 2 of this act apply to this section.(2) For any databases operated by state and local law enforcement agencies, including databases maintained for the agency by private vendors, the attorney general shall, by January 1, 2020, in consultation with appropriate stakeholders, publish guidance, audit criteria, and training recommendations aimed at ensuring that those databases are governed in a manner that limits the availability of information therein to the fullest extent practicable and consistent with federal and state law, to anyone or any entity for the purpose of immigration enforcement.

or(b) Notify the attorney general that the agency is not adopting the changes to its database governance policies consistent with the guidance, state the reasons that the agency is not adopting the changes, and provide the attorney general with a copy of the agency's database governance policies.(4)policies.(3) SchoolThe resourcelegislature officers,finds whenthat actingit inis theirnot officialthe capacityprimary aspurpose aof schoolstate resourceand officer,local maylaw not:(a)enforcement Inquireagencies, intoschool orresource collectofficers, informationor aboutsecurity andepartments individual'sto immigrationenforce orcivil citizenshipfederal status,immigration orlaw. place of birth;

or(b)The Providelegislature informationfurther pursuantfinds tothat notificationthe requests from federal immigration authoritiesstatus for the purposes of civilan immigrationindividual enforcement,or exceptan asindividual's requiredpresence byin, law.(5)entry, Stateor andreentry localto, law enforcement agencies may not:(a) Inquire into or collectemployment informationin aboutthe anUnited individual'sStates immigrationalone, oris citizenshipnot status,a ormatter placefor ofpolice birthaction, unlessand therethat isUnited aStates connectionimmigration betweenand suchcustoms informationenforcement andhas anprimary investigationjurisdiction intofor aenforcement violation of statethe orprovisions localof criminalTitle law;8 U.S.C.

or(b)dealing Providewith informationillegal pursuantentry.(4) to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law.(6) State and local law enforcement agenciesagencies, mayschool notresource provideofficers, nonpublicly available personal information about an individual, including individuals subject to community custody pursuant to RCW 9.94A.701 and 9.94A.702,security todepartments federalmay immigrationnot:(a) authoritiesInquire ininto a noncriminal matter, except as required by state or federalcollect law.(7)(a)information Stateabout andan localindividual's law enforcement agencies may not give federal immigration authorities access to interview individuals about a noncriminal matter while they are in custody, except as required by state or federalcitizenship law,status, a court order, or byplace (b) of thisbirth; subsection.(b) Permission may be granted to a federal immigration authority to conduct an interview regarding federal immigration violations with a person who is in the custody of a state or local law enforcement agency if the person consents in writing to be interviewed.

Inor(b) orderProvide information pursuant to obtainnotification consent,requests, as defined in this act, from federal immigration authorities, for the purposes of civil immigration enforcement.(5) State and local law enforcement agencies may not provide nonpublicly available personal information about an individual, including individuals subject to community custody pursuant to RCW 9.94A.701 and 9.94A.702, to federal immigration authorities in a noncriminal matter, except as required by law.(6)(a) State and local law enforcement agencies may not give federal immigration authorities access to interview individuals about a noncriminal matter while they are in custody, except as required by law.(b) If permission is granted to United States immigration and customs enforcement or United States customs and border protection, for the purpose of conducting an interview regarding civil immigration violations between either United States immigration and customs enforcement or United States customs and border protection, or both, and the person is in the custody of a state or local law enforcement agency, agency staff shall provide the person with an oral explanation and a written consent form that explains the purpose of the interview, that the interview is voluntary, and that the person may decline to be interviewed or may choose to be interviewed only with the person's attorney present.

The form mustshall state explicitly that the person will not be punished or suffer retaliation for declining to be interviewed.

The form must be available at least in English and Spanish and explained orally to a person who is unable to read the form, using, when necessary, an interpreter from the district communications center "language line" or other district resources.(8)resources. An individual may not be detained solely for the purpose of determining immigration status.(9) An individual must not be taken into custody, or held in custody, solely for the purposes of determining immigration status or based solely on a civil immigration warrant, or an immigration hold request.(10)(a) To ensure compliance with all treaty obligations, including consular notification, and state and federal laws, on the commitment or detainment of any individual, state and local law enforcement agencies must explain in writing:(i) The individual's right to refuse to disclose their nationality, citizenship, or immigration status;

and(ii)United ThatStates disclosureimmigration ofand theircustoms nationality,enforcement citizenship, or immigrationUnited statusStates maycustoms resultand inborder civilprotection orofficials, criminalmust immigrationonly enforcement,be includingpermitted removalto frominterview thepersons Unitedwho States.(b)have Nothingconsented in thiswriting subsectionto allowsbe forinterviewed, anyabsent violationa ofjudicial subsectionwarrant.(7) (5)An ofindividual thismay section.(11)not Abe statedetained andsolely localfor governmentthe orpurpose lawof enforcementdetermining agencyimmigration maystatus.(8) notAn denyindividual services,must benefits,not privileges,be ortaken opportunitiesinto tocustody, individualsor held in custody, orsolely underfor communitythe custodypurposes pursuantof todetermining RCWimmigration 9.94A.701status and 9.94A.702, or inbased probationsolely status, on thea basiscivil ofimmigration thewarrant, presenceor of an immigration detainer,hold hold,request.(9) notificationAn request,individual ormust civilbe immigrationprovided warrant,consular exceptnotification as required by law or asauthorized necessaryby fortreaty classification or placementapplicable purposeslaw, forregardless individuals in the physical custody of the departmentindividual's ofnationality, corrections.(12)citizenship, No state or local law enforcement officer may enter into any contract, agreement, or arrangement, whether written or oral, that would grant federal civil immigration enforcementstatus. authority or powers to state and local law enforcement officers, including but not limited to agreements created under 8 U.S.C.

Prior to consular notification, state and local law enforcement agencies must notify the individual in writing of their right to refuse to disclose their nationality, citizenship, or immigration status and that such disclosure may result in civil or criminal immigration enforcement, including removal from the United States.

State and local law enforcement agencies must obtain written consent to disclose national, citizenship, or immigration status prior to consular notification.(10) A state and local law enforcement agency may not deny services, benefits, privileges, or opportunities to individuals in custody, or under community custody pursuant to RCW 9.94A.701 and 9.94A.702, or probation status, on the basis of the presence of an immigration detainer, hold, notification request, or civil immigration warrant.(11) No state or local law enforcement officer may enter into any contract, agreement, or arrangement, whether written or oral, that would grant federal civil immigration enforcement authority or powers to state and local law enforcement officers, including but not limited to agreements created under 8 U.S.C.

1357(g), also known as 287(g) agreements.(13)(a)agreements.(12) No state agency or local government or law enforcement officeragency, school resource officer, or security department may use agency or department facilities, or enter into anor immigrationrenew detentiona agreement.contract, agreement, intergovernmental service agreement, or memorandum of understanding, for the purpose of housing or detaining individuals for federal civil immigration authorities.

AllSuch immigrationcontracts, detentionagreements, agreementsor mustmemoranda bewith terminatedfederal noimmigration laterauthorities thanto onehold hundrednoncitizens eighty days after the effective date of this section, except as provided in (b) of this subsection.(b) Any immigration detention agreement in effect prior to January 1, 2019, and under which apayments paymentwere was made betweensince July 1, 2017, and December 31, 2018, may remain in effect until the date of completion or Decembertermination.(13) 31, 2021, whichever is earlier.(14) No state or local law enforcement agencyagency, or school resource officerofficer, or security department may enter into or renew a contract for the provision of language services from federalthe United States department of homeland security, United States immigration authorities,and customs enforcement, or United States customs and border protection, nor may any language services be accepted from such for free or otherwise.(15)otherwise.(14) The departmentprovisions of correctionsthis maysection do not giveapply federal immigration authorities access to interview individuals aboutwho federal immigration violations while they are in custody,the exceptphysical ascustody requiredof bythe statedepartment orof federalcorrections.NEW lawSECTION.  Sec. or by court order, unless such individuals consent to be interviewed in writing.

Before agreeing to be interviewed, individuals must be advised that they will not be punished or suffer retaliation for declining to be interviewed.(16) Subsections (3) through (7) of this section do not apply to individuals who are in the physical custody of the department of corrections.(17) Nothing in this section prohibits the collection, use, or disclosure of information that is:(a) Required to comply with state or federal law;

or(b) In response to a lawfully issued court order.NEW SECTION.  Sec.

7.

To ensure state and law enforcement agencies are able to foster the community trust necessary to maintain public safety, within six months of the effective date of this section, the attorney general must, in consultation with appropriate stakeholders, publish model policies, guidance, and training recommendations consistent with this act and state and local law, aimed at ensuring that state and local law enforcement duties are carried out in a manner that limits, to the fullest extent practicable and consistent with federal and state law, engagement with federal immigration authorities for the purpose of immigration enforcement.

All state and local law enforcement agencies must either:(1) Adopt policies consistent with that guidance;