wa-law.org > bill > 2025-26 > SB 6361 > Original Bill
The legislature finds that Washington state has a thriving workforce, economy, and quality of life, in part, because of the strong and diverse immigrant communities throughout the state.
The legislature also finds that federal immigration agencies have been inappropriately targeting individuals solely for civil immigration purposes by accessing information contained in state databases and law enforcement systems.
The legislature finds that this runs contrary to the values of our state that places high importance on the rights and dignity of all of its residents.
The legislature, therefore, intends to create a firewall against this information being used by federal agencies for this illegal purpose and require the relevant state agencies to redouble their efforts by putting additional safeguards in place.
The definitions in this section apply to sections 3 through 6 of this act unless the context clearly requires otherwise.
"ACCESS data system" means the Washington state patrol owned and operated data system by which criminal investigation information, vehicle license information, and other law enforcement information is exchanged.
"Civil immigration enforcement purposes" includes, but is not limited to, enforcement activities related to a civil immigration warrant for a violation of federal civil immigration law issued by a federal immigration authority. A "civil immigration warrant" includes, but is not limited to, administrative warrants issued on forms I-200 or I-203, or their successor forms, and civil immigration warrants entered in the national crime information center database.
"Court order" means a directive issued by a judge or magistrate under the authority of Article III of the United States Constitution or Article IV of the Washington state Constitution. A "court order" includes, but is not limited to, warrants and subpoenas.
"DAPS" means the driver and plate search system maintained by the department.
"DIAS" means the system operated by the department that allows courts to electronically access and update state driver records.
"Federal immigration authority" means any officer, employee, or person otherwise paid by or acting as an agent of the United States department of homeland security including, but not limited to, its subagencies, immigration and customs enforcement, and customs and border protection, and any present or future divisions thereof, charged with immigration enforcement.
"Immigration or citizenship status" means the status established relative to an individual under the immigration and nationality act.
"Nlets" means a not-for-profit computer-based message switching system that links together state, local, and federal law enforcement, justice, and public safety agencies for the purposes of sharing and exchanging information.
"Personal information" includes, but is not limited to, name, age, residential address, social security number, immigration or citizenship status, employer, employer address, or any other information used to prove identity or lawful presence.
Except as required for the department to issue or renew a driver's license or learner's permit, under chapters 46.20 and 46.25 RCW to meet federal standards, the department shall not disclose or make accessible in any manner records or information to a federal immigration authority, unless the department receives a valid court order.
Upon receiving a court order that requires providing records or information to a federal immigration authority, the department must notify the individual about whom such information was requested informing the individual of the request and the identity of agency making the request within three days from when the request was made.
By October 1, 2026, the department must adopt rules requiring all data-sharing agreements, providing access to DAPS, DIAS, or any other system containing s driver's license, vehicle registration, or other personal information that the federal, state, or local governmental agency, or nongovernmental entity or person, contain a certification that the agency, entity, or person will not use such records or information for civil immigration enforcement purposes.
The department must continually monitor, audit, and review compliance with the adopted rules and associated data sharing for misuse. If the department has any indication that the information being accessed is being used for civil immigration enforcement purposes, either directly or indirectly, without a valid court order, the department must immediately terminate access to the federal, state, or local governmental agency, or nongovernmental entity or person. The department must forward information on the misuse to the attorney general's office for appropriate action.
The department, jointly with the Washington state patrol, must develop protocols to ensure that the ACCESS data system, Washington state information provided through Nlets, DAPS, DIAS, and other systems are not accessible to a federal immigration authority, unless required by a valid court order.
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Beginning October 1, 2026, and each year thereafter, the department, jointly with the Washington state patrol, must submit a report to the governor's office and the appropriate policy and fiscal committees of the legislature detailing actions the department has taken in the prior 12 months to ensure compliance with this act, chapter 440, Laws of 2019, and the Governor's executive order 25-09. The report must also contain information by federal, state, and local agencies, on:
The number of queries on Washington driver's license or identicard and vehicle registrations information in DAPS and DIAS;
The number of queries received from the Nlets system and ACCESS data system terminals, of Washington driver's license, identicard, and vehicle records, including data identifying the number of incoming queries. The number of queries from state and local agencies outside of Washington may be grouped by state;
Those that were approved, provided, utilized, and denied access to the ACCESS data system, Nlets, DAPS, and DIAS.
By January 1, 2027, and each year thereafter, the governor's office must hold at least two public meetings on the statistics and information submitted in the reports. At least one of these public meetings must be held on the east side of the state and at least one of these meetings must be held on the west side of the state.
By October 1, 2026, the Washington state patrol must adopt rules and policies that restrict any federal, state, or local governmental agency or nongovernmental entity from using the ACCESS data system and Nlets for civil immigration enforcement purposes.
The Washington state patrol must continually monitor, audit, and review compliance with the adopted rules and policies for misuse. If the Washington state patrol has any indication that the information being accessed is being used for civil immigration enforcement purposes, either directly or indirectly, without a valid court order, the Washington state patrol must immediately terminate access to the federal, state, or local governmental agency or nongovernmental entity or person. The Washington state patrol must forward information on the misuse to the attorney general's office for appropriate action.
The Washington state patrol, jointly with the department of licensing, must develop protocols to ensure that the ACCESS data system, Washington state information provided through Nlets, DAPS, DIAS, and other systems are not accessible to a federal immigration authority, unless required by a valid court order.
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Beginning October 1, 2026, and each year thereafter, the Washington state patrol, jointly with the department, must submit a report to the governor's office and the appropriate policy and fiscal committees of the legislature detailing actions the Washington state patrol has taken in the prior 12 months to ensure compliance with this act, chapter 440, Laws of 2019, and the governor's executive order 25-09. The report must also contain information by federal, state, and local agencies, on:
The number of queries on Washington driver's license or identicard and vehicle registrations information in DAPS and DIAS;
The number of queries received from the Nlets system and ACCESS data system terminals, of Washington driver's license, identicard, and vehicle records, including data identifying the number of incoming queries. The number of queries from state and local agencies outside of Washington may be grouped by state;
Those that were approved, provided, utilized, and denied access to the ACCESS data system, Nlets, DAPS, and DIAS.
By January 1, 2027, and each year thereafter, the governor's office must hold at least two public meetings on the statistics and information submitted in the reports. At least one of these public meetings must be held on the east side of the state and at least one of these meetings must be held on the west side of the state.
This act is exempt from the rule of strict construction, and shall be liberally construed to give full effect to the objective and purpose of protecting personal privacy and preventing the misuse of information in state databases for civil immigration enforcement purposes.
This act may be known and cited as the Washington federal firewall act.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.