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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) Except as provided in subsection (3) of this section, no state agency, including law enforcement, may use agency funds, facilities, property, equipment, or personnel to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal registration or surveillance programs or any other laws, rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin. This subsection does not apply to any program with the primary purpose of providing persons with services or benefits, or to RCW 9.94A.685.
(2) Except as provided in subsection (3) of this section, the state agencies listed in subsections (5) and (6) of this section shall review their policies and identify and make any changes necessary to ensure that:
(a) Information collected from individuals is limited to the minimum necessary to comply with subsection (3) of this section;
(b) Information collected from individuals is not disclosed except as necessary to comply with subsection (3) of this section or as permitted by state or federal law;
(c) Agency employees may not condition services or request information or proof regarding a person's immigration status, citizenship status, or place of birth; and
(d) Public services are available to, and agency employees shall serve, all Washington residents without regard to immigration or citizenship status.
(3) Nothing in subsection (1) or (2) of this section prohibits the collection, use, or disclosure of information that is:
(a) Required to comply with state or federal law;
(b) In response to a lawfully issued court order;
(c) Necessary to perform agency duties, functions, or other business, as permitted by statute or rule, conducted by the agency that is not related to immigration enforcement;
(d) Required to comply with policies, grants, waivers, or other requirements necessary to maintain funding; or
(e) In the form of deidentified or aggregated data, including census data.
(4) Any changes to agency policies required by this section must be made as expeditiously as possible, consistent with agency procedures. Final policies must be published.
(5) The following state agencies shall begin implementation of this section within twelve months after May 21, 2019, and demonstrate full compliance by December 1, 2021:
(a) Department of licensing;
(b) Department of labor and industries;
(c) Employment security department;
(d) Department of revenue;
(e) Department of health;
(f) Health care authority;
(g) Department of social and health services;
(h) Department of children, youth, and families;
(i) Office of the superintendent of public instruction;
(j) State patrol.
(6) The following state agencies may begin implementation of this section by December 1, 2021, and must demonstrate full compliance by December 1, 2023:
(a) Department of agriculture;
(b) Department of financial institutions;
(c) Department of fish and wildlife;
(d) Department of natural resources;
(e) Department of retirement systems;
(f) Department of services for the blind;
(g) Department of transportation.
Cite this article: FindLaw.com - Washington Revised Code Title 43. State Government--Executive § 43.17.425. Immigration and citizenship status--State agency restrictions - last updated January 01, 2025 | https://codes.findlaw.com/wa/title-43-state-governmentexecutive/wa-rev-code-43-17-425/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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