Washington’s New I-9 Rules Take Effect October 1: Employers Must Notify Workers of Federal Inspections

As federal immigration enforcement continues to draw attention, Form I-9 compliance is becoming an increasingly important issue for employers.

For employers in Washington State, the rules are about to change.

Starting October 1, 2026, employers that receive notice of a federal inspection of Form I-9s or other employment records will have a new responsibility: they must notify their employees about the inspection.

Under Washington’s new Immigrant Worker Protection Act (HB 2105), employers may also need to provide affected employees with information about the results once the inspection is over. In other words, when ICE or another federal agency comes knocking, responding to the government is only part of the job. Employers also need a plan for communicating with their employees.

Do Washington Employers Have to Notify Employees About an I-9 Inspection?

The answer: yes!

Federal agencies can inspect an employer’s Form I-9s and related employment records. Starting October 1, Washington employers that receive notice of such an inspection will also need to provide written notice to employees.

The notice must include key information, such as:

• The federal agency conducting the inspection;

• The date the employer received the inspection notice;

• The types of records being inspected and, if known, the reason for the inspection; and

• Contact information for immigrant and refugee rights organizations recognized by the Washington State Attorney General.

Employers may use a standard notice provided by the Washington State Attorney General’s Office. And simply sending one email may not be enough.

Employers must also post the federal inspection notice in a visible area where employee notices are normally posted and keep it posted until the inspection is complete. Employees must also receive the notice through the employer’s usual method of communication.

For employers with multiple locations, remote employees, or a large workforce, this makes preparation especially important. Who receives a government notice? Who contacts employees? Who makes sure the notice was properly sent and posted? Those questions are much easier to answer before an inspection begins.

What Happens After the I-9 Inspection Is Over?

An employer’s responsibilities may continue even after the requested records have been provided to the government.

If the inspection identifies a problem involving a specific employee—for example, an issue with the employee’s Form I-9 or work authorization documents—the employer may need to provide that employee with information about the inspection results and any next steps required.

Employers should be careful at this stage. A government question about an employee’s I-9 does not automatically mean the employee is unauthorized to work, nor does it necessarily mean the employer should immediately discipline or terminate the employee.

Employers should first understand what the government actually found and what response is required. The new law also protects employees from retaliation. Employers cannot take adverse action against employees simply because they exercised their rights under the law, filed a complaint, participated in an investigation, or provided testimony.

An I-9 inspection that is handled poorly can therefore create more than an immigration compliance problem. It can also lead to employee complaints and employment-related claims.

What Happens If an Employer Does Not Provide the Required I-9 Notice?

The new notice requirements are not just a recommended best practice. The Washington State Attorney General may investigate violations and take enforcement action. Employers that fail to meet the notice requirements may face $500 in statutory damages for each violation, and that amount may double for intentional violations.

Employees may also be able to seek damages or other relief through legal action. Depending on the circumstances, employers could also face attorneys’ fees and litigation costs.

What begins as an I-9 compliance issue can therefore quickly become a much larger employment and litigation problem.

And in many cases, the risk may not come from an employer intentionally breaking the law. It may simply come from using an outdated I-9 response process after the rules have changed.

How Should Washington Employers Prepare for the New I-9 Rules?

Employers with workers in Washington State should use the time before October 1 to review their current I-9 procedures.

• Update your I-9 inspection response plan. Make sure your internal process explains what should happen when ICE or another federal agency sends an inspection notice, including the new employee notification requirements.

• Prepare employee notices in advance. Do not wait until an inspection begins to figure out what employees need to receive. Review the state’s notice requirements and have the appropriate materials ready.

• Decide who is responsible. HR, management, and legal counsel should know who will receive government notices, gather records, communicate with employees, and respond to the agency.

• Review your existing Form I-9s. Once an inspection begins, employers may have limited time to respond. A proactive internal I-9 review can help identify missing forms, incomplete information, and other issues before the government does.

• Train HR and managers. Managers should know where to send a government request and should avoid making promises, assumptions, or employment decisions before the situation has been properly reviewed.

  
  

What Should Employers Do If ICE or Another Federal Agency Requests an I-9 Inspection?

An I-9 inspection can move quickly, and an employer’s response can create risks beyond immigration compliance. Before providing records, communicating with employees, or taking any employment action, employers should make sure they understand what the government is requesting and how the new Washington requirements apply.

The key takeaway: have a clear response plan before you need one.

If your company needs help reviewing Form I-9 compliance, preparing for a government inspection, or responding to an ICE, DHS, or other federal agency request, contact the ILS team at contact@consultils.com.

Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.

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As Managing Partner at ILS, Richard Liu ranks among the leading U.S. attorneys in corporate, employment, and regulatory law. He is known for crafting legal strategies aligned with clients’ business objectives and advising Fortune 500 companies, startups, and executives on corporate transactions, financing, privacy, and employment matters across the technology, healthcare, and financial sectors.

Before founding ILS, Richard practiced at top defense firms, where he developed a reputation for anticipating risks and designing strategies that balance protection with growth. He has secured favorable outcomes in contract and intellectual property disputes, represented clients in state and federal courts, and is recognized for combining large-firm expertise with boutique-firm agility. Richard is also a frequent speaker at industry and legal conferences.

Email: contact@consultils.com | Phone: 626-344-8949