There are a number of immigrant issues facing our state and nation at any one time. NWIRP engages directly in advocacy work, and we encourage those who support immigrant rights to stay informed and voice opinions to local, state and federal leaders.
Current Bills NWIRP is Tracking
City of Seattle Wage Theft Ordinance
NWIRP supports legislation before the Seattle City Council that would strengthen protections against wage theft. This type of theft of labor services is a significant problem that disproportionately affects immigrant and refugee communities. We urge Seattle residents to express support for the proposed ordinance.
There are 2 opportunities for public comment: Wed., April 20th at 9:30 am, Mon. April 25th at 2p- Full Council votes. Both meetings take place in the Council Chambers, Seattle City Hall, Floor 2, 600 Fourth Ave.
Learn more about the issue and legislation through a Seattle Times article here or read the legislation itself here.
Washington State Budget
NWIRP has been working alongside a number of other organizations to call for the legislature to reject the cuts outlined below:
- DSHS Naturalization program: this program was eliminated effective December 1, 2010 as part of the Governor’s across the board cuts, but we hope to get the Legislature to restore at least a portion of the program. Unfortunately, the recent “early action” bill (HB 1086) that was passed by the House did not restore this funding.
- Apple Health for Kids program: The Governor had proposed eliminating the state-only portion of this program, the portion that provides health care to approximately 27,000 undocumented children in the state. The cut was set to go into effect on March 1, but needs to be approved by the Legislature. The Early Action budget bill that was passed out of the House rejected this cut and kept the program whole.
- State Food Assistance Program: this program is the state equivalent of food stamps but serves immigrants with legal immigration status who do not qualify for federal benefits. The Governor had proposed to eliminate it completely as of February 1, but our colleagues at Columbia Legal Services filed a lawsuit that has temporarily blocked this cut. In the meantime, the House bill restored some of the funding to the program, though it is not clear how the money will be allocated.
- Interpreter Services for Medicaid Clients: this program is also slated for elimination by the Governor. The House early action bill restores a small portion of funding.
Washington's Legislature is currently considering proposals that would restrict or eliminate driver's licenses on the basis of immigration status.
NWIRP believes that these proposals will undermine public safety for all Washington state drivers, as more people living in our state will be unlicensed and uninsured. Pursuing these misguided policies will also result in significant costs to the state-over $10 million in the next 10 years-at a time when we are cutting back on critical safety net services.
This bill would require the Employment Security Department (ESD) to verify the employment eligibility of individuals who are referred to employers by the agency. In essence, the bill would have required ESD to complete the Employment Eligibility Verification (I-9) process at the time of a referral. NWIRP opposed this bill, premised on the following factors:
- First, we are concerned that the bill would divert state resources to what is in effect the enforcement of immigration laws, something that is bad generally, but particularly when state resources are so scarce.
- Second, the bill would essentially result in two layers of verification because, under federal regulations, the employer would still have to conduct some verification of the referred employee.
- Third, we were concerned about the potential for discrimination since the agency would, in essence, pre-screen applicants and would make information about someone’s status as a non-citizen available to the employer prior to a hire decision (something that doesn’t normally happens in the Employment Eligibility Verification I-9 process).
This bill has received significant attention in the press recently. It has been proposed by the Attorney General’s office as a way to address gang violence. Our concern with the bill is the extensive power that it would give prosecutors and law enforcement through the issuance of civil injunctions. While the bill does not specifically address immigration, our concern is that, because of the vagueness of some of the boundaries it sets, immigrants are likely to be disproportionately affected.
A bill has been introduced in the Washington State Senate which would make it easier for the Department of Corrections (DOC) to release a non-citizen who is subject to deportation from his sentence so he or she can in fact be deported. This proposal has been advanced the last two sessions, but has not been enacted.
The potential problem with these proposals is that it could lead to pressure on individuals potentially subject to release to waive their rights to contest deportation in order to obtain that early release. We are currently working with legislators to try to get the bill amended to provide at least some due process protections.
This bill would modify a provision in Washington law that seeks to regulate individuals engaging in non-legal immigration-related services (for instance, assisting individuals to fill out forms).
The current statute requires people who are engaging in these services to register with the State’s Secretary of State as a “Registered Immigration Assistant” and comply with certain clerical requirements. However, the statute does not require any kind of training or oversight in order for someone to be an RIA.
While this system may have been well intended back in 1989 when it was enacted, it has only led to confusion among the community because people believe that RIAs are pseudo-lawyers who can do more than lay people can (when, in fact, RIAs cannot engage in any activity that would constitute the practice of law). Because of this, the State Attorney General proposed this bill to eliminate the RIA designation and to tighten the regulation of those who are engaging in the unauthorized practice of law in the immigration area.
NWIRP supports this legislation because of our concern about community members being harmed by “notarios” or others. A number of people have raised concerns that this bill would limit the ability of non-lawyers to assist community members, pointing out that many people can’t afford lawyers. We agree that there is a significant gap in access to qualified immigration legal services but have made the point that the solution to this problem is not to allow unqualified individuals to practice law but to increase the resources available to the community. The bill had a public hearing in the Senate, but some legitimate concerns have been raised about the current language and we are helping to provide input to clarify the scope of the bill so as to not reach positive conduct.
This bill seeks to reduce the maximum sentence for gross misdemeanors from 365 days to 364 and would have a very positive impact on the communities we serve. The rationale behind this bill is that, under current immigration law, some state criminal convictions can be found to be “aggravated felonies” even if the state considers them to be misdemeanors when a sentence of 365 days or more is imposed.
Convictions that are held to be “aggravated felonies” in immigration court bar even lawful permanent residents from obtaining most forms of relief from deportation in immigration court. The proposed change to the state statute would help ensure that immigration courts could only find state felonies to qualify as aggravated felonies.
Interested in getting more involved?
The American Immigration Law Association (AILA) provides detailed information on how to be an advocate for immigrant rights. NWIRP partners closely with AILA, a national association of over 10,000 attorneys and law professors who practice and teach immigration law. AILA is a nonpartisan, not-for-profit organization that provides its members with continuing legal education, information, professional services, and expertise.
