This article reflects Washington state law and enforcement conditions as of June 2026. Washington enacted one of the country's most comprehensive immigration protection frameworks beginning in 2019 and has actively expanded and defended those protections in 2025-2026 against sustained federal pressure. Key facts: Keep Washington Working Act (KWW, 2019, RCW 10.93.160 and related sections): prohibits state and local law enforcement agencies from using government funds, facilities, property, equipment, or personnel to investigate, enforce, cooperate with, or assist in the enforcement of any federal immigration laws targeting people solely on the basis of immigration or citizenship status. Under KWW, law enforcement agencies must not honor ICE civil detainers or administrative warrants without a judicial warrant; must not ask about immigration status during routine interactions; must not share non-public information with ICE or CBP without a judicial warrant. The Washington AG publishes model policies for law enforcement, schools, health facilities, and courthouses. Courts Open to All Act (COTA, 2020): provides specific protections against immigration enforcement at or near courthouses. Governor Ferguson's Executive Order 25-09 (September 2025): created an Immigration Sub-Cabinet to coordinate state agencies on data privacy and immigrant rights issues; directed agencies to review data sharing policies. 2026 legislation signed into law: (1) Flock ALPR ban (signed March 30, 2026, immediate effect): prohibits cities and companies from sharing data from Flock automatic license plate reader cameras with ICE. (2) Shared Leave amendment (signed March 30, 2026, immediate effect): allows employees to donate accrued paid leave to a coworker who needs time off due to an immigration enforcement action or hate crime. (3) Protect Immigrant Workers Act (signed 2026, effective October 2026): requires employers to notify all workers within five business days of a federal agency launching an I-9 inspection; penalties for non-compliance. (4) Mask/identification law (SB 5855): does not criminalize masked federal agents directly but allows anyone detained by a masked officer to sue for monetary damages. KWW exception - Department of Corrections: KWW applies differently to the DOC. Washington state prisons notify ICE when individuals with ICE detainers are nearing release; corrections does not hold people beyond their release date solely for ICE and does not allow ICE interviews without consent, but does share release information. Driver data controversy: Federal agencies (ICE and CBP) accessed Washington DOL driver data approximately 2.67 million times between January 1 and November 30, 2025, per UW Center for Human Rights research. Gov. Ferguson cut off ICE DAPS database access; CBP continued to access data through NLETS and other channels. As of early 2026, the administration was working to limit CBP access while maintaining access for legitimate public safety functions. Washington has no standard 287(g) agreements with local law enforcement as of June 2026. Federal enforcement operates through the Seattle Field Office of ICE and CBP. Northwest Detention Center in Tacoma (privately operated by GEO Group) is the primary ICE detention facility for Washington, Oregon, and Alaska. Verify current conditions at the Northwest Immigrant Rights Project (nwirp.org) or the Washington Immigrant Solidarity Network (waisn.org).
Where Washington Stands
Washington is one of the strongest sanctuary states in the country, with a comprehensive legal framework dating to 2019 and active state government resistance to federal enforcement pressures through 2025-2026. The Keep Washington Working Act - passed with bipartisan support in 2019 - is the foundational document: it prohibits state and local agencies from cooperating with civil immigration enforcement using state resources and establishes model policies for law enforcement, schools, health facilities, and courts. The Courts Open to All Act extended those protections to courthouse settings in 2020.
The defining challenge for Washington in 2025-2026 has not been legislative resistance - the political alignment supports protective policies - but a recurring data privacy gap: federal agencies have repeatedly found ways to access Washington state driver and vehicle data through technical channels even as the state has tried to close them. The University of Washington Center for Human Rights documented that federal agencies queried Washington DOL data approximately 2.67 million times between January 1 and November 30, 2025. The state shut off ICE's DAPS database access; CBP then continued accessing data through NLETS. As of early 2026, the state was working to limit CBP access while preserving legitimate public safety data sharing. This data access story is the most significant practical vulnerability for immigrant communities in Washington despite the robust legal framework.
Washington's immigrant population is large and diverse. Approximately one in seven Washingtonians is an immigrant - approximately 1 million people - according to the state AG's office. Significant communities include Latino immigrants in agricultural communities (Yakima Valley, Skagit Valley, Columbia Basin), in Seattle and the Eastside tech corridor, and across King, Pierce, and Snohomish counties; large Southeast and East Asian immigrant communities across the metro area; and growing African and East African immigrant populations in South King County.
The federal government placed Washington on the DHS sanctuary jurisdiction list in May 2025. In August 2025, then-U.S. Attorney General Pam Bondi sent Gov. Ferguson a letter threatening criminal prosecution of state officials and demanding Washington eliminate laws impeding federal immigration enforcement. Gov. Ferguson responded publicly: 'Washington State will not be bullied or intimidated by threats and legally baseless accusations. I will defend our democracy, the rule of law, and the people of my state.' The AG's office stated that KWW does not violate federal law.
Part 1: What Federal Immigration Law Actually Says
Immigration enforcement is exclusively a federal function under the Immigration and Nationality Act (INA). The federal government controls who may enter, remain in, and be removed from the United States. State and local governments cannot create their own immigration enforcement systems that conflict with the INA.
The Tenth Amendment anti-commandeering doctrine, established in Printz v. United States (1997), is the constitutional foundation of Washington's entire KWW framework. The federal government cannot compel state and local agencies to enforce federal immigration law. KWW is structured as Washington directing its own agencies not to participate - a use of state authority the courts have generally upheld. Washington's AG has stated clearly that KWW does not violate federal law.
ICE detainers, Form I-247, are administrative requests, not court orders. Under KWW and the model policies published by the Washington AG, local law enforcement agencies must not honor civil ICE detainers. Only a judicial warrant signed by a federal judge or magistrate creates an obligation to hold someone for federal immigration authorities. The Ninth Circuit Court of Appeals, which covers Washington, has addressed Fourth Amendment issues related to civil detainer holds in ways consistent with this framework.
Arizona v. United States (2012) is the controlling preemption precedent. Washington's non-cooperation framework - directing its own agencies not to participate in federal enforcement using state resources - operates within the constitutional space that case defined. Washington is not prohibiting federal enforcement; it is declining to participate in it with state resources.
Part 2: Washington State Law
Keep Washington Working Act (2019) - The Foundation
The Keep Washington Working Act (KWW), codified primarily at RCW 10.93.160 and RCW 43.17.425, was passed with bipartisan support in 2019. Its core prohibition: no state or local agency may use government funds, facilities, property, equipment, or personnel to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal immigration laws targeting people solely on the basis of their race, religion, immigration status, citizenship status, or national or ethnic origin.
Specific requirements for law enforcement agencies under KWW: officers may not ask about immigration status during routine stops, arrests, or detentions unless the inquiry is necessary to the investigation of a criminal offense; agencies must not honor ICE civil detainers or administrative warrants without a valid judicial warrant from a federal court; agencies must not share non-public information about individuals with ICE or CBP unless compelled by a valid judicial subpoena or court order; agencies must not allow ICE or CBP access to non-public facilities without a judicial warrant; agencies must not request information about a person's immigration status from federal databases for civil immigration enforcement purposes.
KWW also mandated model policies for schools, health facilities, and courthouses - standardized guidance for how those institutions should handle immigration enforcement inquiries. The Washington AG published those model policies in 2020 and has updated guidance as conditions have changed, most recently in February 2025. The AG's guidance states clearly that while federal policies referenced in earlier guidance have changed under the Trump administration, KWW's protections remain in effect and remain applicable.
KWW was enacted partly in response to earlier scandals in which Washington state agencies shared driver and vehicle data with ICE. The 2019 law prohibits that cooperation using state resources - but as discussed below, federal agencies found technical pathways to access Washington data through shared law enforcement networks that continue to raise compliance challenges.
Courts Open to All Act (2020)
The Courts Open to All Act (COTA), enacted in 2020, established specific protections for individuals attending court proceedings in Washington state. Under COTA, civil immigration arrests may not occur in or immediately outside state courthouses. The AG published model policies for courthouse administrators and law enforcement agencies on implementing COTA. This protection is significant because immigration enforcement at courthouses deters witnesses, victims, and defendants from appearing for criminal proceedings - a concern shared by prosecutors and law enforcement regardless of their views on broader immigration policy.
Governor Ferguson's Executive Order 25-09 (September 2025)
Governor Bob Ferguson signed Executive Order 25-09 on September 29, 2025, creating an Immigration Sub-Cabinet comprising representatives from each of the state's cabinet agencies. The Sub-Cabinet is tasked with coordinating state agency work on data privacy, healthcare, KWW compliance, and other immigrant rights issues. The order also directed all state agencies to review their data collection, sharing, and retention policies to ensure compliance with Washington's values and the law. The Sub-Cabinet meets regularly and is led by the state Office of Equity, the Governor's Office, and the Office of Financial Management.
2026 Laws - Flock ALPR Ban, Shared Leave, Protect Immigrant Workers Act, Mask Law
Gov. Ferguson signed three immigration-related bills on March 30, 2026. The first banned cities and companies from sharing data from Flock automatic license plate reader cameras with ICE. Flock cameras, which record license plate information and are used widely by cities and private entities in Washington, had become a pathway for federal immigration enforcement. The ban took immediate effect. Rep. Yasmin Trudeau stated that enforcement is available through private right of action and through the AG's consumer protection authority against the company itself if the law is violated.
The second bill amended Washington's Shared Leave policy to allow employees to donate their accrued paid time off to a coworker who needs time away from work due to an immigration enforcement action or a hate crime. This took effect immediately upon signing.
The Protect Immigrant Workers Act - signed separately and effective October 2026 - requires employers to post a notice and personally contact each employee within five business days after a federal agency launches an inspection of the employer's I-9 employment eligibility records. The law is designed to give workers time to review their documents, make corrections, and consider their options before an audit's consequences materialize. Non-compliance carries penalties of at least $500 per violation, doubled for willful violations, plus attorney's fees. The AG can bring enforcement actions. Note that this law addresses I-9 inspections, not ICE raid-style operations.
SB 5855, the mask and identification law: This law does not directly criminalize face coverings by law enforcement including federal agents. Instead, it allows anyone detained by a masked officer to sue that officer for monetary damages. This is structurally different from laws in California and Vermont that faced Supremacy Clause challenges; Washington's approach creates a private civil damages remedy rather than directly criminalizing federal agent conduct.
Driver Data and Database Access - The Ongoing Vulnerability
Despite KWW's prohibition on using state resources for immigration enforcement, University of Washington Center for Human Rights research documented that federal agencies queried Washington DOL driver and vehicle data approximately 2.67 million times between January 1 and November 30, 2025, through the DOL's DAPS database and the NLETS national law enforcement data network. Not all of these queries were for civil immigration enforcement - the figure includes border crossing verification and other lawful purposes - but a documented pattern emerged of CBP and ICE querying driver data before making civil immigration arrests of Washington residents.
The King 5 investigation in July 2025 revealed the pattern. Gov. Ferguson then restricted ICE's access to the DAPS database. However, CBP continued to access Washington data through NLETS. As of early 2026, Gov. Ferguson's office stated it was working on options to limit CBP access for immigration enforcement while maintaining access for public safety purposes such as human trafficking investigations. The March 2026 Flock ALPR ban addresses one specific data pathway; the DOL-NLETS access question was ongoing as of June 2026.
DOC Exception - Prison Release Notifications
KWW applies differently to the Washington Department of Corrections than to local law enforcement agencies. Washington state prisons notify ICE when individuals with ICE detainers are approaching their release date. The DOC does not hold people beyond their scheduled release date solely for ICE, and does not allow ICE to interview incarcerated individuals about their immigration status without the person's consent. But the notification itself means that ICE is aware of release dates and can arrange to take custody at release. State data shows that of 61 prisoners wanted by ICE who were released in 2025, ICE took custody of 51 - the highest pickup rate in the past decade, according to OPB reporting.
Democratic lawmakers have pushed for changes to the DOC exception; Gov. Ferguson and AG Nick Brown have not supported changes to the current DOC notification policy. This remains an area of policy tension within Washington's Democratic political coalition.
Northwest Detention Center - Primary Regional ICE Facility
The Northwest Detention Center (NWDC) in Tacoma, operated by GEO Group under contract with ICE, is the primary ICE detention facility for Washington, Oregon, and Alaska. It is one of the largest immigration detention facilities in the country, with a capacity of approximately 1,575 people. Individuals detained anywhere in the Pacific Northwest may be held at NWDC or transferred to facilities elsewhere. The facility has been the subject of sustained organizing and legal action by NWDC Resistance and other groups. Contacting legal counsel before or immediately after any detention in Washington is critical, as individuals in NWDC may face rapid removal proceedings.
Part 3: How State and Federal Law Interact in Washington
Washington presents a strong protection framework that operates consistently at the legal level - KWW is on solid constitutional ground, as affirmed by the AG - but faces a persistent practical challenge in the data-sharing dimension. Federal agencies have repeatedly found technical pathways to access Washington state data for immigration enforcement even as the state has tried to close those pathways. The result is that some of KWW's intended protections have been partially circumvented through database access, not through direct law enforcement cooperation.
The Ninth Circuit Court of Appeals, which covers Washington, has generally upheld state non-cooperation frameworks on Tenth Amendment grounds. Federal lawsuits challenging sanctuary frameworks in the 9th Circuit have generally not prevailed on the merits. The federal government's primary leverage has been the funding threat - placing Washington on the sanctuary jurisdiction list and threatening to condition federal grants on enforcement cooperation. Gov. Ferguson has consistently rejected that framing and the state AG has stated KWW is lawful.
Federal enforcement in Washington operates through the Seattle ICE Field Office and the Pacific Northwest CBP region. Federal agents conduct direct enforcement operations throughout the state regardless of local cooperation levels. ICE arrests in Washington increased significantly in 2025 despite KWW, driven by federal direct operations rather than local cooperation. The Northwest Detention Center in Tacoma processes detainees from across the Pacific Northwest.
Part 4: What This Means for Families on the Ground
For immigrant families in Washington, the protective legal framework is strong and consistently maintained at the state and local level. Washington police and sheriff's deputies are prohibited under KWW from asking about immigration status, honoring civil ICE detainers, or sharing non-public information with ICE without judicial warrants. Courts are protected under COTA. Schools have model policies limiting ICE access. Health facilities have model policies.
The practical vulnerability is the data access pathway. Federal agents have used Washington DOL driver and vehicle data - accessed through NLETS and other channels - to identify, locate, and arrest individuals in civil immigration enforcement operations. Being pulled over on a highway based on a CBP license plate query of your registration information is a documented enforcement pattern in Washington. This risk exists even where Washington police are fully compliant with KWW.
Employers in Washington should be aware of the Protect Immigrant Workers Act (effective October 2026), which requires them to notify employees within five business days of any federal I-9 inspection. If you work in Washington and your employer receives such a notice after October 2026, you are entitled to that notification.
The DOC exception means that individuals serving or who have served state prison sentences in Washington may be subject to ICE pickup at release, based on advance notification provided by the DOC. If a family member is nearing release from state prison and has an immigration matter, consult an immigration attorney before the release date.
The Northwest Detention Center in Tacoma is the primary detention facility. Individuals detained in Washington may be transferred to NWDC or to facilities elsewhere. Contact NWIRP immediately if a family member is detained anywhere in Washington.
Part 5: What You Can Actually Do
If ICE Comes to Your Home
Do not open the door. ICE cannot legally enter a home without a judicial warrant signed by a judge. An administrative warrant, Form I-200 or I-205, is signed by an immigration officer, not a judge, and does not authorize home entry. Ask through the closed door: 'Is this warrant signed by a judge?' If not, say clearly that you do not consent to entry. Washington state law and KWW support your refusal to facilitate warrantless entry.
You have the right to remain silent. Say: 'I am exercising my right to remain silent. I want to speak with a lawyer.' Do not answer questions about your birthplace, how you entered the country, or your immigration status. Do not sign anything without speaking with an attorney.
If Stopped by Washington Law Enforcement
Washington police and sheriff's deputies are prohibited under KWW from asking about your immigration status during a routine stop or arrest. If an officer asks about your immigration status, you may say: 'Under the Keep Washington Working Act, RCW 10.93.160, I am not required to answer questions about my immigration status, and I am exercising my right to remain silent on that matter.'
Provide your driver's license and required vehicle documents. Washington allows residents to obtain a standard driver's license regardless of immigration status through the Enhanced or standard license program. Driving with a valid Washington license reduces enforcement exposure at traffic stops.
At Court
The Courts Open to All Act protects individuals from civil immigration arrest in or near Washington courthouses. If you have a court date, you have a state law right to attend without civil immigration arrest at the courthouse.
If a Family Member Is Detained
Use the ICE Online Detainee Locator at locator.ice.gov immediately. People detained in Washington are typically held at the Northwest Detention Center in Tacoma (1623 E J Street, Tacoma, WA 98421) or transferred elsewhere.
Call the ICE Detention Reporting and Information Line: 1-888-351-4024.
Call the EOIR Immigration Court Information Line: 1-800-898-7180.
Contact the Northwest Immigrant Rights Project (NWIRP): nwirp.org. NWIRP provides immigration legal services and representation in Washington, including at the Northwest Detention Center. 24-hour detention line: 206-957-8611.
Contact the Washington Immigrant Solidarity Network (WAISN): waisn.org. WAISN coordinates rapid response to enforcement actions, provides Know Your Rights resources, and connects families with legal help.
Contact LELO (Latino/a Equity, Advocacy, and Development) or OneAmerica: weareoneamerica.org for immigrant community support in Washington.
Know the Risk Points in Washington
Federal agents have accessed Washington DOL driver and vehicle data through NLETS and other channels despite KWW. A CBP or ICE database query of your license plate or registration data can precede an immigration enforcement stop even where state police are fully compliant with KWW. Gov. Ferguson is working to limit this access; monitor progress at governor.wa.gov.
The DOC exception means state prison releases with ICE detainers result in ICE notification and typically ICE pickup at release. If a family member is nearing release from Washington state prison with an immigration matter, consult an attorney in advance.
Northwest Detention Center in Tacoma is the primary regional detention facility for Washington, Oregon, and Alaska. Transfer there can happen quickly. Contact NWIRP immediately.
Washington police comply with KWW and will not ask about immigration status or honor civil detainers. Federal agents operate independently and can conduct enforcement in Washington regardless of state law.
Part 6: Legal Resources in Washington
Northwest Immigrant Rights Project (NWIRP): nwirp.org. Primary immigration legal services organization in Washington; detention line 206-957-8611.
Washington Immigrant Solidarity Network (WAISN): waisn.org. Coordinates rapid response, Know Your Rights resources, and legal referrals statewide.
OneAmerica: weareoneamerica.org. Immigrant rights advocacy and services.
ACLU of Washington: aclu-wa.org. Civil rights and immigration rights advocacy.
Washington AG Immigration Guidance: atg.wa.gov/immigrationguidance. Model policies and Know Your Rights resources.
Colectiva Legal del Pueblo: colectivalegal.org. Immigration legal services for Latino community in Eastern Washington.
Northwest Detention Center Resistance: nwdcresistance.org. Advocates for people detained at the NWDC.
Immigration Advocates Network: immigrationadvocates.org.
EOIR Immigration Court Information Line: 1-800-898-7180.
ICE Detainee Locator: locator.ice.gov.
ICE Detention Reporting and Information Line: 1-888-351-4024.
Summary
Washington state has one of the strongest immigration protection frameworks in the country, built on the 2019 Keep Washington Working Act (KWW), the 2020 Courts Open to All Act, and active state government resistance to federal pressure throughout 2025-2026. KWW prohibits state and local agencies from cooperating with civil immigration enforcement using state resources, requires refusal of civil ICE detainers without judicial warrants, and establishes model policies for law enforcement, schools, health facilities, and courts. Gov. Ferguson signed an EO in September 2025 creating an Immigration Sub-Cabinet; signed laws in March 2026 banning Flock camera data sharing with ICE and allowing shared leave for immigration enforcement impacts; signed the Protect Immigrant Workers Act (effective October 2026) requiring employer notification of I-9 inspections.
The most significant practical challenge is the driver data access gap: federal agencies queried Washington DOL data approximately 2.67 million times in 2025 through NLETS and other channels despite KWW, and the state was still working to close CBP's NLETS access as of June 2026. The DOC exception allows state prison release notification to ICE, resulting in high pickup rates at release. No local 287(g) agreements exist in Washington. Federal enforcement through the Seattle ICE Field Office continues independently. The Northwest Detention Center in Tacoma is the primary regional detention facility. Contact NWIRP at 206-957-8611 immediately if a family member is detained in Washington.
Sources and verification: Keep Washington Working Act (KWW), Laws of 2019 ch. 440, E2SB 5497 (codified at RCW 10.93.160 et seq.); Washington AG Keep Washington Working FAQ and Model Policies (atg.wa.gov; as of February 20, 2025, KWW guidance still applicable; anti-commandeering doctrine; civil detainer refusal requirement); Courts Open to All Act (2020, COTA); Governor Ferguson Executive Order 25-09 (September 29, 2025; Immigration Sub-Cabinet; data policy review; governor.wa.gov); King 5, 'Washington Governor Signs Trio of Bills Aimed at Protecting Immigrants,' March 30, 2026 (Flock ALPR ban signed, immediate effect; Shared Leave signed, immediate effect; Protect Immigrant Workers Act signed, effective October 2026; Ferguson quotes); Davis Wright Tremaine, 'Immigrant Worker Protection Act: WA Employers Must Notify Workers,' April 2026 (five business day notification; $500 penalty per instance; double for willful; AG enforcement; KWW context); UW Center for Human Rights, 'Roadside Assist: Washington State's Continued Sharing of Driver Information with Federal Immigration Enforcement,' January 8, 2026 (2.67 million DOL queries January 1-November 30, 2025; ICE DAPS access cut; CBP NLETS continued; specific arrest cases documented; DOL response; UWCHR methodology); King 5, 'Activists Urge Gov. Ferguson to Block CBP Access,' February 26, 2026 (Ferguson statement on CBP; tenfold increase in arrests of WA residents; rally demands; Ferguson working on CBP NLETS options); UW Center for Human Rights, 'Protecting Immigrant Rights: Is Washington's Law Working?' (jsis.washington.edu; KWW and COTA scope; compliance monitoring methodology; local compliance gaps documented); OPB, 'Washington Governor, AG Stand by State Prison Notifications to ICE,' August 23, 2025 (DOC exception; 61 released with detainers in 2025; 51 picked up by ICE; highest rate in decade; Ferguson and AG Brown not supporting changes); Real Change, 'Federal Agents Are Breaking the Law,' November 19, 2025 (AG Bondi August 13, 2025 letter threatening prosecution; Ferguson response; coalition July 18, 2025 letter; Kirkland DOL case); KOMO News, 'Lawmakers Weigh Changes to Keep Washington Working Act,' October 6, 2025 (one in seven Washingtonians is immigrant per AG; Walsh questioning Supremacy Clause; no KWW changes made yet); Washington AG, 'Legislature Passes AGO-Request Immigrant Worker Protection Act' (atg.wa.gov; AG Nick Brown request; worker notification; effective October 2026); DHS placed Washington on sanctuary jurisdiction list May 2025; Arizona v. United States, 567 U.S. 387 (2012); Printz v. United States, 521 U.S. 898 (1997). Volatile items requiring verification: DOL-NLETS/CBP data access current status (Ferguson working to limit CBP access as of early 2026; verify at governor.wa.gov or atg.wa.gov); Protect Immigrant Workers Act October 2026 implementation; any DOC policy changes on prison release ICE notification; any new 287(g) agreements (none as of June 2026; verify at ice.gov); SB 5855 mask law litigation (no federal challenge filed as of June 2026; different structure from Virginia/California laws). Last verified: June 2026.