Washington Democrats introduce legislation prohibiting child care workers from reporting illegal immigrants to federal authorities

01/17/2025 / By Laura Harris

Washington state Democrats have introduced House Bill 1128, which establishes the Washington State Child Care Workforce Standards Board to improve conditions in the childcare industry.
The legislation sets new minimum wages, benefits and working conditions for childcare workers, addressing longstanding issues such as low pay and high turnover.
A controversial provision in the bill prohibits childcare employers from reporting the actual or suspected citizenship or immigration status of workers to federal authorities, raising concerns about potential criminal activity.
Critics argue that the provision is likely unconstitutional, as it interferes with federal law enforcement responsibilities and the Immigration Reform and Control Act (IRCA) of 1986.
The IRCA includes employer sanctions for hiring unauthorized workers, a visa waiver program and provisions for temporary worker programs, making the bill’s provision a potential target for constitutional challenges.

Washington state Democrats have introduced a bill that will support the childcare industry while simultaneously shielding illegal immigrant workers from federal authorities.

House Bill 1128, sponsored by State Rep. Mary Fosse (D-Everett), establishes the Washington State Child Care Workforce Standards Board. The legislation seeks to address longstanding issues in the childcare industry, such as low pay and high turnover, by setting new minimum wages, benefits and working conditions for childcare workers.

The bill’s most contentious provision prohibits childcare employers, including families, from reporting the actual or suspected citizenship or immigration status of childcare workers to federal authorities. This provision is concerning, as it could prevent employers from reporting illegal immigrants suspected of committing crimes, including those involving children in their care.

According to the bill, it would be “unlawful for an employer to… report or threaten to report the actual or suspected citizenship or immigration status of a child care worker, former child care worker or family member of a child care worker to a federal, state or local agency for exercising or attempting to exercise any right protected under this act.” (Related: Illegal immigrants self-deporting ahead of Trump’s return to the White House.)

“Under this bill, if an employer discovers their employee is a criminal illegal immigrant while that employee happens to be exercising a contrived and nebulous right created by the legislation, they’d be barred from reporting it to the federal government. Because it is so sloppily written if a childcare worker exercises some right protected under the bill, and it got contentious, it could be deemed retaliation months or even years later if the employer discovers and reports the employee for being in this country illegally,” Jason Rantz wrote in his article for the KTTH.

Provision unconstitutionally interferes with federal immigration law, employer responsibilities

Critics argue that this provision is likely unconstitutional, as it interferes with federal law enforcement responsibilities and the Immigration Reform and Control Act (IRCA) of 1986, which mandates employers to verify the work authorization of employees and report unauthorized workers.

The IRCA, which was designed to control illegal immigration and address the issue of unauthorized workers in the United States, includes several key provisions aimed at achieving these goals.

One of its most significant provisions is the legalization program, which granted legal status to certain unauthorized aliens who entered the country before January 1, 1982, and had continuously resided in the U.S. since that date. The Act also established employer sanctions that penalize employers who knowingly hire unauthorized aliens, including fines and potential criminal penalties.

The IRCA also includes a temporary worker program for agricultural workers and a special adjustment program for certain agricultural workers to address labor shortages in the agricultural sector. Another provision of the Act is the visa waiver program, which allows up to eight countries to waive visa requirements for short-term visitors to the U.S., making travel easier for individuals from participating countries.

Furthermore, it also includes provisions for additional non-preference visas and requires reports to Congress on the impact of the Act. It addresses state assistance for incarceration costs and establishes a commission to examine factors contributing to unauthorized migration and recommend programs to alleviate these conditions.

In short, the provision in question is likely to face significant constitutional challenges due to its interference with the federal government’s authority to regulate immigration and enforce federal law, as established by the IRCA.

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