Summary — SB 5068 (2025)
Concerning agencies, firefighters, prosecutors, and general or limited authority law enforcement, extending eligibility for employment to all United States citizens or persons legally authorized to work in the United States under federal law
Status
- Introduced (prefiled) 12/16/2024.
- Passed the Senate (49–0) on 02/05/2025. Amended in House Committee on Community Safety; committee majority recommended Do Pass (3/20/2025).
- By resolution, returned to Senate Rules Committee for third reading (04/27/2025).
- If enacted, takes effect 90 days after adjournment of the session in which it passes.
- Appropriation: None. Fiscal note: requested (preliminary available).
Purpose and intent
- Broadens statutory eligibility for certain public-safety and civil-service positions by replacing multiple references to “citizen, lawful permanent resident, or DACA recipient” with a single standard: a person who is legally authorized to work in the United States under federal law. The intent is to allow agencies to consider applicants who have any federal work authorization (as contrasted with enumerated categories).
Key provisions (as amended in committee)
- Law enforcement hiring (RCW 10.93.165 and related sections): A general- or limited-authority Washington law enforcement agency may consider an applicant who is legally authorized to work in the U.S. under federal law for any position.
- Agencies must interpret and apply this provision consistent with federal law and regulations; the statute explicitly says it does not permit employers to override federal work-authorization rules (references to 8 C.F.R. §274a.2 appear in amendments).
- Agencies are not liable under state anti-discrimination law (e.g., RCW 49.60.030) if they reject an applicant because the applicant’s federal work authorization is limited in a way that makes employment impracticable.
- Criminal Justice Training Commission (CJTC) background/certification (RCW 10.93.200 and related): Background checks and CJTC certification verification must confirm that a prospective peace officer, reserve, corrections officer, or specified limited-authority officer is legally authorized to work in the U.S. under federal law. References to lawful permanent residents and DACA recipients are removed.
- The amended bill also limits CJTC authority to deny or revoke certification where a federal firearms possession prohibition is based solely on immigration status and the person would otherwise be able to possess weapons in the officer role under federal law after hiring.
- Civil service positions (RCW 41.08, 41.12, 41.14): Applicants for civil-service firefighter, city police, and county sheriff’s office positions must be U.S. citizens or legally authorized to work in the U.S. under federal law; prior enumerated categories (LPR, DACA) are replaced.
- Agencies may reject applications if they lack resources to conduct required background investigations; antidiscrimination rights preserved.
- Deputy prosecuting attorneys (RCW 36.27.040): Deputies must be legally authorized to work in the U.S. under federal law (replacing prior “citizen or lawful permanent resident” language).
- Fish and Wildlife officers (RCW 77.15.075): Applicants must be U.S. citizens or legally authorized to work in the U.S. under federal law (removes prior enumerated categories).
Who is affected
- Prospective applicants: noncitizen individuals who hold federal work authorization (broadly defined by federal law/regulation) — e.g., lawful permanent residents, persons with employment authorization documents, and other federally authorized workers — could be eligible for positions they were previously excluded from.
- Employers/agencies: state and local law enforcement agencies, municipal/county civil service systems (fire, police, sheriffs), the Department of Fish & Wildlife, prosecuting attorneys’ offices, and CJTC (in its verification/certification role).
- Legal/compliance functions: agencies will need to verify federal work authorization and maintain or adopt written firearms policies that comply with federal law and applicable ATF/DOJ rules.
Notable amendment proposals (filed but not enacted)
- Proposals to require employers to provide notice to noncitizen hires about possible federal immigration enforcement (Thai); to specify particular federal statutes and regulatory citations as of the act’s effective date (Goodman/Walsh); to limit eligibility to U.S. citizens only for some positions (Graham/Burnett); and to substitute “federal administrative rules” in place of “federal law” (Walsh). These were offered but not adopted at the time of committee action.
Potential impacts
- Broadening the statutory eligibility language could increase applicant pools for public-safety and civil-service roles.
- Requires agencies to update hiring, background-check, and firearms policies to ensure consistency with federal work-authorization and firearms possession rules.
- Provides agencies some protection from state discrimination claims when rejecting applicants on the basis of limited federal work authorization.
For further detail, consult the bill text (S-0335.1) and the House Committee on Community Safety report (committee substitute and amendments).
