With the new Trump Administration’s focus on immigration enforcement issues, many employers are seeking information resources for employer use. Additionally, some employers are searching for information resources to provide to employees who are concerned about immigration enforcement issues.
As most are aware, the Administration is taking a more active role with regards to immigration law enforcement, primarily relying on the Immigration and Customs Enforcement (ICE) agency for this increased enforcement, with assistance from other federal, state, and local law enforcement resources. The Administration’s stated priorities for this more active role are: (1) deportation of undocumented individuals (defined as “illegal aliens” in the Immigration and Nationality Act) with serious criminal convictions, and (2) deportation of undocumented individuals with existing deportation orders. This does not mean persons not in these two priority categories are not subject to deportation. ICE officials have stated that if other undocumented individuals are identified while carrying out these top two priorities, those persons will also be subject to deportation.
Employers are reminded to maintain updated and accurate I-9 documentation for all employees. This will be especially important if an employer receives a Notice of Inspection from ICE requiring the employer to produce I-9 forms for employees and other records within 72 hours (an “audit”).
In addition to properly maintaining I-9 records, employers may wish to adopt a policy or practice to be implemented if ICE officials arrive at the workplace, or conduct employee training to prepare for such an event. Employers are reminded that a valid warrant is required for such visits, although an employer can also voluntarily allow ICE officials to enter the workplace. State and local sanctuary laws may impact these employer policies, and attorney consultation is advised before adopting a particular policy or practice.
This post contains a non-exhaustive list and links to official and generally neutral immigration information in Western states, including links that can be provided to employees.
Alaska
Alaska is not a “Sanctuary” law state, therefore employers need only be concerned with compliance with federal immigration laws. Anchorage has been labeled a “welcoming city” but is not officially a sanctuary city. Alaska appears to be taking a moderate stance towards immigration law enforcement thus far.
Alaska’s state library maintains a page for immigration and citizenship resources and topics, including links to local and national organizations available to assist with citizenship, legal status, and asylum seekers. See Home - Immigration & Citizenship Resources - Libraries, Archives, Museums at Alaska State Library.
California
California is a Sanctuary law state, therefore employers need to be aware of compliance with federal as well as state laws relating to immigration issues. California’s SB 54 from 2017, called the “California Values Act,” established legal limitations on the use of state and local government resources for federal immigration law enforcement. California law enforcement officials are prohibited from investigating, interrogating, detaining, or arresting persons for immigration enforcement purposes. Additionally, law enforcement, prison officials, and others are prohibited from honoring transfer or notification requests in most circumstances. See California SB 54.
The California Attorney General maintains a resources page with information for immigrants as well as law enforcement agencies: Resources for California’s Immigrant Communities | State of California - Department of Justice - Office of the Attorney General. The California Civil Rights Department also maintains information and resources lists for immigrants: Resources for Immigrants | CRD.
Idaho
Idaho is not a Sanctuary law state, therefore employers need only be concerned with compliance with federal immigration laws. Idaho’s Governor Brad Little issued Executive Order 2025-03, titled “Border Security and Immigration Enforcement Act,” on February 18, 2025, expressing support for the Administration’s efforts towards increased border security and enforcement of immigration laws. Governor Little’s Executive Order requires all state departments and agencies to review all rules and practices to ensure compliance with federal immigration laws. Additionally, the Executive Order requires Idaho State Police and the Idaho Department of Correction to cooperate with federal agencies and departments for enforcement of immigration laws.
The Idaho State Bar maintains a list of public resources for immigration-related services by local nonprofit organizations: Immigration Matters | Idaho State Bar.
Montana
Montana is not a Sanctuary law state. In fact, since 2021, Montana has a state law banning cities from becoming sanctuary cities and prohibiting state agencies from restricting cooperation with federal immigration authorities. For this reason, employers in Montana should focus on compliance with federal immigration laws.
The Montana Legal Services Association maintains a web page with information on refugee and immigration rights in Montana, including local resources: Immigration | Montana Law Help.
Oregon
Oregon is a long-time Sanctuary law state, since 1987 (HB 2314), with 2021 revisions to the law (called the Sanctuary Promise Act (HB 3265)). Therefore, employers need to be aware of compliance with federal as well as state laws relating to immigration issues. Oregon’s Sanctuary law, codified under ORS 180.805, ORS 180.810, and ORS 181A.820 to 181A.829, applies only to public entities such as public schools, law enforcement, and corrections from cooperating with or providing information to federal immigration officials. All state and local officials must require a warrant before allowing federal immigration authorities from entering a non-public space or providing information to these authorities. Hospitals, healthcare facilities, public schools, law enforcement, and other groups have additional requirements and restrictions on their actions with respect to federal immigration authorities: Oregon Department of Justice Sanctuary Promise Guidance - Oregon Department of Justice.
Oregon Department of Justice’s “Sanctuary Promise Community Toolkit” provides detailed information on employer rights/duties if ICE comes to visit the worksite.
The above “community toolkit” also contains information and links that employers can give to employees to provide information on their rights. The English version of one such resource is here (the information is also available in Spanish and other languages, see the “community toolkit” above).
Washington State
Washington is a Sanctuary law state, therefore employers need to be aware of compliance with federal as well as state laws relating to immigration issues. Washington State’s 2019 sanctuary law, called the “Keep Washington Working Act,” is quite broad, applying to all state agencies and state resources. The law prohibits any use of state agency personnel or resources for investigating, enforcing, cooperating with, or assisting with enforcing federal immigration laws or other laws that “target” residents based on race, religion, immigration status, citizenship status, or national/ethnic origin. The same law requires state and local law enforcement agencies and public schools, courthouses, and public health facilities (including shelters) to adopt policies limiting cooperation with or providing access to federal immigration enforcement officers.
The Washington State Attorney General provides model policies for all such state and local agencies, which are required to adopt and comply with these model policies: Know Your Rights: Civil Immigration Enforcement in Washington | Washington State. The Attorney General also maintains a “Know your Rights” page on the same website, relating to immigration enforcement in Washington, including advice for immigrants if an immigration enforcement officer approaches them. The same page also includes links to nonprofit organizations that assist immigrants with legal compliance issues.
The Washington State Department of Social and Health Services maintains a web page with general information on immigration laws, continuation of public benefits regardless of immigration status, and advice for immigrants on what to do if immigration officials appear at work or home: Planning for Changes in Federal Immigration Policies and Practices | DSHS. This web page includes links to information on immigrant rights in six different languages.
General Resource for Employees
Here is a link to a “red card” with a person’s rights if ICE arrives at a worksite; this is presented as a card that employees and others can carry with them: Red Cards / Tarjetas Rojas | Immigrant Legal Resource Center | ILRC (cards can be printed and provided to employees in multiple languages).
The legal issues impacting this topic are and will continue to be ever-changing (Employment Law in Motion!), and since publication of this blog post, new or additional information not referenced in this blog post may be available.
This article is provided for informational purposes only—it does not constitute legal advice and does not create an attorney-client relationship between the firm and the reader. Readers should consult legal counsel before taking action relating to the subject matter of this article.
