| Momentum Bucket | Stalled |
| Legal Title | AN ACT Relating to federal immigration enforcement; |
| Bill Description | Concerning federal immigration enforcement. |
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What this bill does
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This bill creates a new chapter in Title 43 RCW that prohibits state and local entities from adopting or maintaining a "sanctuary policy" and requires Washington law enforcement agencies to use their best efforts to cooperate with federal immigration enforcement. It authorizes and limits when state or local agencies may send, receive, record, exchange, or use information about a person's immigration status and establishes procedures for responding to federal immigration detainers, including requirements to notify judges and record detainers in case files. The bill allows county jails or the Department of Corrections to securely transfer persons subject to federal immigration detainers to federal custody (not earlier than 12 days before release) and requires a judge, in applicable cases, to order a secure correctional facility to reduce a defendant’s sentence by up to 12 days when the facility determines the reduction will facilitate the transfer.
The bill adds definitions for terms such as "federal immigration agency" and "immigration detainer" (including a facial sufficiency standard), exempts withholding immigration information about victims or witnesses who cooperate in good faith, excludes certain persons who are victims or necessary witnesses for specified serious crimes from some provisions, and requires county facilities to enter into housing/payment agreements with federal immigration agencies. It provides enforcement tools: the state attorney general may sue executive or local officers or entities for violations, seek declaratory or injunctive relief, and courts may enjoin unlawful policies and enforce orders through contempt; consent decrees or injunctions must include written findings. The chapter does not change rules for release of education records beyond compliance with federal FERPA, forbids actions based on protected characteristics, requires repeal of existing sanctuary policies within 90 days of the effective date, and repeals a number of listed RCWs.
The bill is a new statutory chapter that makes procedural changes to how Washington agencies must interact with federal immigration authorities, creates obligations and enforcement mechanisms, and repeals prior conflicting provisions. Important context is missing: portions of Section 6 are truncated, the full new chapter text and the statutory definition of "sanctuary policy" from section 2 are not included here, the effective date referenced in multiple provisions is not specified, and details about how "use best efforts" will be measured or enforced are not provided.
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Why it matters
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If enacted, state and local governments, all Washington law enforcement agencies, and county jails will no longer be able to maintain or adopt policies that limit cooperation with federal immigration authorities and will be required to actively support federal immigration enforcement in routine operations. Practically this means agencies must notify judges and record when someone is subject to an immigration detainer, county correctional facilities must enter agreements to temporarily house people for federal agencies and can transfer people into federal custody under specified timing rules, judges must order up to a 12-day reduction in some sentences to facilitate transfers, victims and cooperating witnesses can still have their immigration information withheld with ten-year retention for audit, and the attorney general can sue or seek injunctions and contempt to enforce the law.
The groups most affected are county governments, correctional facilities, municipal police and sheriff’s offices, the Department of Corrections, judges, and the state attorney general: they will face new duties, possible legal exposure if they do not comply, and administrative work to update policies and contracts within the stated deadlines. Important details are missing or truncated in the provided text — notably the specific contract language about housing and payment, how “use best efforts” will be measured or enforced, and the act’s effective date — so the exact cost impacts, funding flows, and enforcement procedures remain uncertain.
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| Official Documents | View Full Bill Text |