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The FIFA World Cup has arrived in Seattle. Experts and journalists predict that the US Immigration and Customs Enforcement (“ICE”) may ramp up enforcement actions against Seattle area employers during these festivities. To prepare, employers should consider their obligations under both Washington and federal law.
This alert addresses two immigration-related statutes recently passed in Washington: allowing sick leave usage for impacted employees and requiring employers to alert staff to pending visits from the US Immigration and Customs Enforcement (“ICE”). On the federal side, this alert addresses the warrants ICE must present to enter a workplace, and proactive steps employers can take to avoid enforcement actions targeted at I-9 compliance.
Paid Sick and Safe Time – New Covered Use
Washington employees and rideshare (or other transportation network) drivers must now be able to use their accrued and available sick leave in order to prepare for, or participate in, any judicial or administrative immigration proceeding involving the employee/driver or the employee’s/driver’s family member.
Employers can require the following verification to certify the need for leave:
- Confirmation from immigration advocate/attorney or clergy;
- Government documents;
- An employee’s own written statement.
Employers cannot however require an employee/driver to disclose any personally identifiable information about their immigration status or underlying immigration protection. Employers also cannot retaliate or discriminate against employees making use of this right.
Notice to Employees
Effective June 5, 2026, Washington employers must give written notice to employees (and their union representatives, if any) within 72 hours of receiving notice of an enforcement inspection at the workplace. That notice must include:
(i) the name of the federal agency conducting the inspection; (ii) the date the employer learned of the inspection; (iii) the nature of the inspection if known (e.g., I-9 audit or broader records request); (iv) a copy of the agency notice; and (v) the scheduled date, time, and location of the inspection, if provided.
After receiving results from the enforcement action, the employer must then provide written notice to each employee identified by the federal agency as having deficiencies, discrepancies, or potential work authorization issues. That follow-up notice must include:
(i) the relevant portion of the federal agency’s findings as to that employee; (ii) a description of any deficiencies identified; (iii) the time period provided by the federal agency to cure the issue; and (iv) notice of the employee’s right to representation and to contest the findings.
This new statutes imposes further duties on employers:
- Employers may not voluntarily consent to a federal immigration agent to enter nonpublic areas of a workplace or to access, review, or obtain employee records without a judicial warrant or subpoena.
- Employers cannot “oververify” employment authorization by requesting more or different documents than required under federal Form I-9 rules, reverifying work authorization unless required by federal law, or selectively rechecking employees based on perceived immigration status.
- Employers must also post a conspicuous workplace notice (in multiple languages) advising employees of their rights under the statute, including the right to receive notice of inspections and the right to be free from retaliation.
Employers should also be aware of their potentially conflicting obligations under state law, which requires them notify employees of ICE inspections, and under federal law, which requires them not to interfere with ICE enforcement. To the extent you receive notice of an upcoming inspection, we recommend reaching out to counsel to review this risk and assess the best path towards compliance.
Responding to ICE
Warrant Basics
In general, ICE cannot enter a workplace without appropriate warrants. When ICE seeks to enter a workplace, the type of warrant they carry matters greatly.
- An administrative warrant, such as Form I-200 or I-205, is issued by ICE and authorizes the arrest or detention of individuals suspected of immigration violations. It does not grant ICE the right to enter private areas of a workplace without the employer’s consent.
- A judicial warrant signed by a federal judge or magistrate does provide ICE the legal authority to enter non-public areas and/or search property described in the warrant.
What Should Employers Do?
For employers, the key distinction is this: you are not required to allow ICE agents into non-public areas of your business without a judicial warrant. If agents present an administrative warrant, you may legally decline access beyond public areas such as a lobby or reception. Employers should request to see the warrant, review whether it is signed by a judge and the accuracy of the information in the warrant, and consult with legal counsel immediately. Training designated staff on how to handle these scenarios can prevent confusion and protect both the employer and employees.
I-9 Audits – A Refresher for Employers
Federal law mandates that U.S. employers complete a form I-9 for each person they hire. Given increased enforcement, employers should consider performing an internal I-9 audit:
- Ensure that an I-9 exists for every active employee and for all terminated employees within the retention period (either three years after the date of hire or one year after the date employment is terminated, whichever is later).
- Use a standardized checklist to verify that each form has been completed properly. Due to the highly technical nature of the I-9 and the ease by which inadvertent mistakes often appear, employers should consult counsel in preparing a checklist.
- Keep a written record of findings during your internal audit, including any corrective actions taken.
- There are different rules for correcting errors found in Form I-9. Depending on the type of error, either the employee or employer must make the correction.
If you have any questions, please contact the Cairncross & Hempelmann attorney with whom you commonly work. Otherwise, please contact our employment group lead, Rochelle Y. Doyea, at rdoyea@cairncross.com.
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