Washington State Immigration Laws

Washington’s immigration laws include strong state-level protections for immigrant communities. As a sanctuary state, Washington limits cooperation with federal immigration enforcement and expands access to driver’s licenses, education, and certain public benefits regardless of status.

This article outlines immigration rules and policies in Washington. Learn more about:

• Law enforcement and immigration in Washington
• Employment checks and e-verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Educational benefits
• Voting ID rules
• Housing ordinances and immigration
• How an immigration attorney can help
• Related resources

These policies are ever-evolving and subject to change. Anyone with an immigration concern in Washington should consult a local immigration attorney for up-to-date guidance.

Law Enforcement and Immigration in Washington

In May 2019, Washington became a “Sanctuary State” after the passage of Senate Bill 5497. The bill establishes a statewide policy to support immigrants in Washington.

Included in the bill are the following provisions:

• Prohibits the local authorities from complying with voluntary immigration holds, especially those requested by the Federal government
• Prohibits state authorities from giving the Immigration and Customs Enforcement (ICE) agency and other federal authorities “nonpublic” personal data about people
• Prohibits immigration authorities from interviewing people within their custody
• Prohibits local authorities from asking about a person’s immigration status or place of birth, except in situations relevant to a violation of state law or an investigation
• Prohibits local governments from entering into agreements with federal agencies or cooperating in enforcing immigration laws
• Prohibits local agencies from depriving people of access to public benefits based on their immigration status

Employment Checks and E-Verify Requirements

E-Verify is an online system that checks an applicant’s or employee’s identity and employment eligibility in the U.S. The system works by collecting the information the employee provided on their I-9 form. The system then matches it against records from the Social Security Administration (SSA) and the Department of Homeland Security (DHS).

Washington doesn’t require E-Verify use. An exception applies to certain state contractors and public employers. Here, the employer should take the initiative to check their employee’s status.

Some county governments in Washington require employers to use E-Verify in certain situations. These counties include:

• Pierce County
• Woodland
• Whatcom County

Some advocates in these counties and cities are taking steps toward removing the E-Verify requirement. Staying current with the recent changes to this rule is essential.

Driver’s License and ID Requirements

Immigrants in Washington state without proper documents may still get a driver’s license. House Bill (H.B.) 1444 made this possible when it took effect on July 25, 1993. The law allows every person to get a driver’s license. But they still must show proof of residency in Washington state, among other requirements.

Deferred Action for Childhood Arrivals (DACA) recipients can also get a Washington driver’s license or identification card.

Public Benefits Restrictions

Federal laws generally prohibit immigrants without documentation from receiving government benefits. But certain jurisdictions may offer a specific list of benefits migrants can use. Washington is one of these states.

Washington offers certain public benefits that anyone can use regardless of immigration status. Benefits the state provides to low-income immigrant communities and families include:

• Medical coverage for pregnant people
• Emergency Medicaid
• Medical coverage for cancer treatment or dialysis
• Testing for treatment of infectious diseases, including COVID-19
• Immunizations
• Disaster relief
• Nutrition programs for infants, children, and women (WIC)
• Emergency cash grant for families
• Child Care Development Fund
• Prenatal care
• Emergency shelter and transitional housing

Access to public benefits may vary depending on immigration status. For instance, refugees, asylees, and those with T visas may have access to more benefits than immigrants without proper documentation. For more information, consult an immigration attorney near you.

Education Checks and In-State Tuition

House Bill 1079 allows undocumented students and DACA recipients to access in-state tuition. The bill became law on January 15, 2003. DACA recipients and immigrants without proper documentation may use this educational benefit. But they must meet certain requirements, which include:

• Completed full senior year at a Washington high school and earned a diploma or an equivalent GED
• A resident of Washington for three consecutive years before receiving a high school diploma or GED
• Continuously lived in Washington since graduation or getting a GED
• Submitted an affidavit stating their qualification to pay resident tuition and their intent to apply for legal permanent residency as soon as permitted

The state also enacted House Bill 1488 on March 22, 2018. The bill expanded access to in-state tuition to refugees who meet residency requirements.

DACA recipients and students without documentation may also get state financial aid. Financial aid is available at private and public postsecondary institutions. But applicants must meet certain requirements.

Voting ID Rules

Washington does not require voters to show photo identification documents to vote. The state uses all-mail voting. But voters may opt to vote in person at a local voting center. Here, the county auditor will ask the voter to either sign a ballot declaration or show an ID.

Some of the accepted forms of ID are:

• Driver’s license
• State ID card
• Student ID card
• Employer identification card

Housing Ordinances and Immigration

The U.S. government protects people’s rights to fair housing through the Fair Housing Act. The act prohibits discrimination based on religion, race, sex, national origin, disability, or family status. This applies to renting, selling, lending, or mortgaging.

Immigration Issue in Washington? Get Legal Help

Washington’s Sanctuary State status gives immigrants stronger protections and limits local cooperation with federal immigration enforcement. Despite these safeguards, it’s still essential to understand your rights. This applies to everyone—U.S. citizens, noncitizens, undocumented immigrants, refugees, and asylees.

An immigration attorney can provide legal advice particularly tailored to your case. Some of the services they provide are:

• Processing visas with the U.S. Citizenship and Immigration Services (USCIS)
• Helping immigrants change their immigration status
• Processing U.S. citizenship or naturalization
• Petitioning family members
• Acquiring lawful permanent residency or green card
• Other immigration matters

Lawyers can also provide legal representation. This is especially important for those in jail or immigration detention centers for immigration violations.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Washington. Enter your city or ZIP code—whether Seattle, Redmond, or another area in the state—for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Washington: Related Resources

Washington is home to several state and nonprofit organizations that offer legal assistance and referrals to immigration resources. These organizations sometimes provide referrals to state agencies and other service providers.

Office of Refugee and Immigrant Assistance (ORIA) — This state office helps immigrants and refugees thrive and succeed in Washington. Some services it offers are:

• Cash, food, and medical assistance
• Employment and training programs
• Health screening and mental health care
• Refugee integration, mobility, and empowerment programs
• Naturalization services
• Youth services

Catholic Charities Archdiocese of Washington Refugee Services Center — This faith-based organization helps people with asylum status. It also offers employment support and case management.

Northwest Immigrant Rights Project (NWIRP) — This organization promotes justice by advancing immigrants’ rights. It provides legal services, education to immigrant communities, and system advocacy.

American Immigration Lawyers Association (AILA) — This association of law professors and attorneys teaches and practices immigration law. It is a nonprofit organization that gives legal services and information to national committees.

FindLaw’s Immigration Law Section — FindLaw offers free legal articles to help you better understand your civil rights under immigration law. Learn the basics of immigration processes and procedures and more.