Proposed Washington State ‘Immigration’ Worker Bill Flaunts Federal Law, Say Opponents

A controversial WA State House Bill (and it's Senate Companion) appear to be pointless when it comes to immigration policy, except it would place burdens on businesses, say opponents.

  Democrat-Sponsored Bill Would Require Advance Notice of ICE Activity?

The bill, sponsored and introduced by Senator Rebecca Saldana, would require a subpoena or warrant from Federal authorities before they can search a businesses worker records, namely, during ICE activity.  It prohibits a business from granting voluntary consent for such Federal activities.

House Bill 2105 says:

"Except as otherwise required by federal law... an employer, or a person acting on behalf of the employer, may not provide voluntary consent to federal agencies to access, review, or obtain the employer's worker records without a subpoena or judicial warrant."

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In addition, according to the Washington Policy Center, it would create burdensome bureaucracy for a business, because they would have to give workers at least 3 days notice (written, verbal and otherwise) that Federal agencies will be checking employee records and eligibility to be in the US. They would also be responsible for notifying former workers going back 3 years, of any possible examinations.

Punishments for violating the law would be $2,000 per worker, and could lead to frivolous lawsuits and stifle job additions and creation, says the  Center.

 Is The Bill A Moot Point?

Opponents say it's clearly a retroactive attempt to shield potentially illegal workers from Federal immigration law, and by placing punitive burdens on businesses (penalties etc) legislators are attempting to 'bully' to get their way. It's an 'end-around' to defy Federal law, using businesses as the tool.

But if you read Federal law, this could wind up in court.  According to congress.gov, the Supremacy Clause, in most cases, renders state laws null and void.  According to  the Congressional website: 

  "Although the Federal Government has the exclusive power to regulate immigration, not every state law that pertains to aliens is necessarily a regulation of immigration that isper se preempted

 by that federal power.¹⁰ But state laws that conflict with or pose an obstacle to the federal regulatory scheme are preempted."  (bold added for emphasis).

Read that last line again. It appears this law, if it passes,could very well wind up in court.