wa-law.org > bill > 2025-26 > SB 5906 > Original Bill
Except as required by state or federal law, or as required to administer a state or federally supported early learning or child care program, early learning providers may not do either of the following:
Collect information or documents regarding immigration or citizenship status of students or their family members; or
Allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of an early learning or child care site for any purpose without being presented with a valid judicial warrant, judicial subpoena, or a court order. An early learning provider shall, to the extent practicable, request a valid form of identification from an officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of an early learning or child care site. This subsection may not be construed to limit an early learning provider's right to consult with counsel or challenge the validity of a judicial warrant, judicial subpoena, or court order in a court of competent jurisdiction.
The early learning provider shall, in a timely manner, report to the department any request for information or access to an early learning or child care site by any officer or employee of a law enforcement agency for the purpose of enforcing immigration laws. Any report made under this subsection must be provided in a manner that ensures the confidentiality and privacy of any potential identifying information.
If an early learning provider is aware that a child's parent or legal guardian is not available to care for the student, the early learning provider shall first exhaust any parental instruction relating to the child's care in the emergency contact information it has for the child to arrange for the child's care. An early learning provider is encouraged to work with parents or legal guardians to update the emergency contact information and not contact the department to arrange for the child's care unless the early learning provider is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or legal guardian.
The early learning provider shall provide information to parents and guardians, as appropriate, regarding their children's eligibility for certain early learning programs regardless of immigration or citizenship status or religious beliefs. This information must include "know your rights" immigration enforcement information established by the attorney general and may be provided in an annual notification to parents and legal guardians or any other cost-effective means determined by the early learning provider.
This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities, information regarding the immigration or citizenship status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, or any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to 8 U.S.C. Secs. 1373 and 1644.
For the purposes of this section, the following definitions apply:
"Early learning providers" include, but are not limited to, licensed or certified child care centers, family home providers, and outdoor nature-based child care providers; early childhood education and assistance program providers; birth to three early childhood education and assistance program providers; head start and early head start programs; private and nonprofit preschool; home visitation programs; and early intervention services providers;
"Immigration enforcement" includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry, or reentry to, or employment in, the United States; and
"Provider" includes any officers, employees, agents, or contractors of the early learning provider.
Except as required by state or federal law or as required to administer a state or federally supported educational program, school district employees may not do either of the following:
Collect information or documents regarding immigration or citizenship status of students or their family members; or
Allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a school site for any purpose without being presented with a valid judicial warrant, judicial subpoena, or a court order. A school district employee shall, to the extent practicable, request a valid form of identification from an officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of a school site. This subsection may not be construed to limit a school district's or employee's right to consult with counsel or challenge the validity of a judicial warrant, judicial subpoena, or court order in a court of competent jurisdiction.
In accordance with the federal family educational rights and privacy act of 1974, 20 U.S.C. Sec. 1232g and RCW 28A.605.030, school district employees may not disclose or provide in writing, verbally, or in any other manner, the education records of or any information about a student or a student's family and household without the written consent of the student's parent or legal guardian including, but not limited to, personal information about the student's home and information about the student's travel schedule, to an officer or employee of an agency conducting immigration enforcement absent a valid judicial warrant, judicial subpoena, or court order directing the school district or its employee to do so. Any disclosure of a student's education records pursuant to a valid judicial warrant, judicial subpoena, or court order must be in accordance with the parent notification requirements set forth in 34 C.F.R. Part 99 Sec. 31(a)(9)(ii).
The school district superintendent shall, in a timely manner, report to the school district board of directors any request for information or access to a school site by any officer or employee of a law enforcement agency for the purpose of enforcing immigration laws. Any report made under this subsection must be provided in a manner that ensures the confidentiality and privacy of any potential identifying information.
If school district employees are aware that a student's parent or legal guardian is not available to care for the student, the school shall first exhaust any parental instruction relating to the student's care in the emergency contact information it has for the student to arrange for the student's care. A school is encouraged to work with parents or legal guardians to update the emergency contact information and not contact the department of children, youth, and families to arrange for the student's care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or legal guardian.
The school district board of directors shall provide information to parents and legal guardians, as appropriate, regarding their children's right to a free public education, regardless of immigration or citizenship status or religious beliefs. This information must include "know your rights" immigration enforcement information established by the attorney general and may be provided in an annual notification to parents and legal guardians or any other cost-effective means determined by the school district.
This section does not prohibit a school district from establishing heightened standards and protections.
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By July 1, 2026, the Washington state school directors' association shall ensure its model policy on limiting immigration enforcement in schools considers, at minimum, all of the following:
Procedures related to requests for access to school grounds for purposes related to immigration enforcement;
Procedures for school district employees to notify the superintendent of the school district if an individual requests or gains access to school grounds for purposes related to immigration enforcement; and
Procedures for responding to requests for personal information about students or their family members for purposes of immigration enforcement.
The Washington state school directors' association shall, no later than July 1, 2027, update the model policies on limiting immigration enforcement in schools described in (a) of this subsection to ensure that these policies align with the prohibition applicable to school district employees as described in subsection (1)(b) of this section, and the requirements for school districts, as described in this section.
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By the beginning of the 2027-28 school year, each school district board of directors shall adopt or amend, if necessary, a policy and procedure that, at a minimum, incorporates the model policy and procedures described in subsection (7) of this section.
A school district shall maintain its policy and procedures adopted pursuant to (a) of this subsection and make that policy available to the office of the superintendent of public instruction upon request.
School districts may be subject to monitoring and auditing by the office of the superintendent of public instruction to ensure compliance with the requirements of subsection (8) of this section.
This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities, information regarding the immigration or citizenship status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, or any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to 8 U.S.C. Secs. 1373 and 1644.
This section governs school operation and management under RCW 28A.710.040 and 28A.715.020 and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW to the same extent as it applies to school districts.
For the purposes of this section, the following definitions apply:
"Immigration enforcement" has the same meaning as defined in section 1 of this act;
"Personal information" means any information that is maintained by an agency that identifies or describes an individual including, but not limited to, the individual's name, social security number, physical description, home address, home telephone number, education financial matters, and medical or employment history, and includes statements made by, or attributed to, the individual;
"School district employee" means an officer, employee, agent, or contractor of a school district; and
"School site" means an individual public school campus, an area where a school-sponsored activity is currently being held, or a school bus or other transportation provided by a school district.
Except as expressly authorized pursuant to this chapter, or as required by state or federal law, health care providers and carriers and health care service contractors as defined in RCW 48.44.010, may not disclose medical information for immigration enforcement.
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Health care personnel shall immediately notify health care provider entity management, administration, or legal counsel of any request for access to a health care provider entity site or patient for immigration enforcement.
Health care personnel shall immediately provide any request for review of health care provider documents, including through a lawfully issued judicial subpoena, judicial warrant, or court order, to health care facility management, administration, or legal counsel.
If a request is made to access a health care facility site or patient, including to obtain information about a patient or the patient's family, for immigration enforcement, health care personnel shall direct that request to the designated health care facility management, administration, or legal counsel.
For purposes of this section, "health care facilities" has the same meaning as in RCW 70.37.020.
To enhance privacy available to facility users and promote a safe environment conducive to the facility's mission and patient care, health care facilities, as defined in RCW 70.37.020, shall designate areas where patients are receiving treatment or care, or where a patient is discussing protected health information, as nonpublic. The facility is encouraged to designate these areas through mapping signage, key entry, policy, or a combination of those.
Unless required by state or federal law, a health care facility and its personnel may not allow any person access to the nonpublic areas of the facility as described in subsection (1) of this section, for immigration enforcement purposes, unless the person has a valid judicial warrant or court order that specifically grants access to the nonpublic areas of the facility.
A health care facility and its personnel shall, to the extent possible, have the denial of permission for access to nonpublic areas of the facility pursuant to subsection (2) of this section witnessed and documented by at least one other health care facility employee.
Health care facilities shall inform staff and relevant volunteers on how to respond to requests relating to immigration enforcement that grants access to health care facility sites or to patients.
For purposes of this section, "immigration enforcement" has the same meaning as defined in section 1 of this act.
Each institution of higher education shall, to the fullest extent consistent with state and federal law:
Refrain from disclosing personal information about students and employees except:
With the consent of the person identified, or if the person is under 18 years of age, with the consent of the parent or legal guardian of the person identified;
As may legally be disclosed under state and federal privacy laws;
For the programmatic purpose for which the information was obtained;
As part of a directory that does not include residence addresses or individual persons' course schedules and that the person has not elected to opt out of; or
In response to a judicial warrant, court order, or judicial subpoena;
Advise all students and employees to notify the office of the president, or their designee, as soon as possible, if an immigration officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order;
Notify the person's emergency contact that the person has been taken into custody as soon as possible if there is reason to suspect that a student or employee has been taken into custody as a result of an immigration enforcement action;
Comply with a request from an immigration officer for access to nonpublic areas of the campus only upon presentation of a judicial warrant, judicial subpoena, or court order. This subsection does not apply to an immigration officer's request for access to or for information related to the operation of international student or employee programs, employment verification efforts, or other nonenforcement activities;
Advise all students and employees responding to or having contact with an immigration officer executing a federal immigration order, to direct the immigration officer to the office of the president, or their designee, for purposes of verifying the legality of any judicial warrant, court order, or judicial subpoena;
Designate a staff person to serve as a point of contact for any student or employee who may or could be subject to an immigration order or inquiry on campus. Unless the disclosure is permitted by state and federal education privacy law, employees are prohibited from discussing the personal information, including immigration status, of any student or employee with anyone, or revealing that personal information to anyone. This subsection may not be construed as requiring an institution of higher education to hire staff to fulfill the requirements of this subsection (1)(f);
Maintain a contact list of legal services providers who provide legal immigration representation, and provide it free of charge to any and all students who request it. The list must include, but is not limited to, the provider's name and contact number, email address, and office address;
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Post on its website in a conspicuous location, and provide via email quarterly or each semester to all students and employees:
(A) A copy of the contact list adopted pursuant to (g) of this subsection; and
(B) Guidance informing them of their rights under state and federal immigration laws and how to respond to federal immigration actions or orders;
ii. Update the information posted on its website pursuant to (h)(i) of this subsection as often as is necessary to reflect any changes to federal and state immigration laws and institutional policies and procedures; and
i. In the event that an undocumented student is subject to a federal immigration order, ensure that all of the following occur:
i. In the event that an undocumented student is detained, deported, or is unable to attend to the student's academic requirements due to the actions of an immigration officer in relation to a federal immigration order, the institution of higher education shall make all reasonable efforts to assist the student in retaining any eligibility for financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, housing stipends or services, or other benefits the student has been awarded or received, and permit the student to be reenrolled if and when the student is able to return to the institution of higher education. Institutions of higher education should make reasonable and good faith efforts to provide for a seamless transition in a student's reenrollment and reacquisition of campus services and supports;
ii. That staff is available to assist, in a sensitive manner, undocumented students, and other students, employees, faculty, and staff who may be subject to a federal immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk because of federal immigration actions;
iii.(A) All students, employees, and campus community members who work on campus are notified when the presence of immigration enforcement is confirmed on campus;
(B) A notice provided pursuant to (i)(iii)(A) of this subsection must include all of the following:
(I) The date and time the immigration enforcement was confirmed;
(II) The location of the confirmed immigration enforcement; and
(III) A hyperlink to additional resources, including the information posted on its website pursuant to this subsection;
(C) A notice provided pursuant to (i)(iii) of this subsection may not include any personally identifiable information.
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Each campus of each institution of higher education shall notify all students, employees, and other campus community members who work on campus when the presence of immigration enforcement is confirmed, to the fullest extent consistent with state and federal law.
A notice provided pursuant to (a) of this subsection must include all of the following:
The date and time immigration enforcement was confirmed;
The location of the confirmed immigration enforcement; and
A hyperlink to additional resources, including the information posted on its website pursuant to subsection (1)(h) of this section.
A notice provided pursuant to (a) of this subsection shall not include any personally identifiable information.
For the purpose of this section, the following definitions apply:
"Immigration enforcement" has the same meaning as defined in section 1 of this act;
"Immigration officer" means any state, local, or federal law enforcement officer who is seeking to enforce immigration law; and
"Institution of higher education" has the same meaning as defined in RCW 28B.92.030.
During primaries, general elections, and special elections, a county auditor shall designate as nonpublic any place where ballots are handled, processed, counted, or tabulated. County auditors are encouraged to designate these areas through mapping signage, key entry, policy, or a combination of those.
Unless required by state or federal law, any election officer, or any worker or volunteer of a county auditor's office, may not allow any person access to nonpublic areas as described in subsection (1) of this section for immigration enforcement purposes, unless the person has a valid judicial warrant or court order that specifically grants access to those nonpublic areas.
An election officer, or a worker or volunteer of a county auditor's office, shall, to the extent possible, have the denial of permission for access to nonpublic areas pursuant to subsection (2) of this section witnessed and documented by at least one other election officer, worker, or volunteer.
The county auditor shall inform election officers, workers, and volunteers on how to respond to requests relating to immigration enforcement that grants access to nonpublic areas as described in subsection (1) of this section.
For the purposes of this section, "immigration enforcement" has the same meaning as defined in section 1 of this act.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
This act may be known and cited as the secure and accountable federal enforcement (SAFE) act.