Regulatory Update: Washington HB 2105 Introduces Strict Rules for Federal I-9 Audits

Washington State enacted the Immigrant Worker Protection Act (House Bill 2105), introducing strict notification and transparency requirements for employers facing federal employment eligibility inspections. Beginning October 1, 2026, Washington businesses can no longer handle Immigration and Customs Enforcement (ICE) Form I-9 audits quietly behind closed doors, employers are legally required to keep their workforce informed.

Key Employer Requirements Under HB 2105

Within five business days of receiving a federal Notice of Inspection (NOI) for Form I-9 documents or related records, employers must notify all workers and their authorized representatives. The notice must include a copy of the NOI, the name of the federal agency, the inspection date, and the record types requested. It must be posted conspicuously and transmitted directly to staff (via hand delivery, mail with tracking, or email/text).

Notices must be provided in English and the five most commonly spoken non-English languages across Washington. Employers may utilize the official model notice published by the Washington State Attorney General’s Office (AGO).

• Within five business days of receiving federal findings (such as Notices of Suspect Documents or Discrepancies), employers must issue private, written notices to each affected worker and their representative. This notice must explain the deficiency, state the correction deadline, outline remediation meeting times, and redact all personal details of other employees.
• Employers must display a mandatory AGO rights poster informing workers of their rights regarding federal enforcement and workplace inspections.
• Voluntary employer consent allowing federal agents to browse non-I-9 worker records without a judicial warrant or subpoena is strictly prohibited. Adverse actions or retaliation against workers asserting their rights under the statute are also barred.

Compliance Checklist Before October 1, 2026

Legislative Updates

Our Legislative Updates team is powered by Product Intelligence Managers who stay deeply connected not only with state unemployment agencies and departments of labor, but also with federal and state partners involved in employment verification, immigration compliance, and regulatory enforcement—including E‑Verify and related oversight entities. With extensive experience navigating the complex, fast‑moving landscape of HR, payroll, I‑9, and employment law, our authors monitor statutory and regulatory developments as they emerge or are being shaped behind the scenes.

 

Their expertise spans I‑9 and E‑Verify compliance, new‑hire processes, W‑2 and W‑4 requirements, payroll tax optimization, FLSA guidance, and multi‑jurisdictional employment law. Professional backgrounds include Certified Payroll Professionals and active members of organizations such as the APA, SHRM, ACC, and CPA. They bring a practitioner’s perspective to every update. Through strategic insights, best‑practice guidance, and compliance‑focused thought leadership, our team transforms complex regulatory shifts into actionable intelligence that helps employers reduce risk, streamline processes, and stay confidently compliant in an ever‑changing environment.