SB 6361
In CommitteeSenate
Data access/immigration enf.
Creating a firewall against federal authorities misusing driver, vehicle, and other personal information for civil immigration enforcement purposes.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill creates a legal firewall to prevent Washington state databases—including driver’s license, vehicle registration, and law enforcement systems—from being used by federal immigration authorities for civil immigration enforcement unless a judge issues a court order. It also requires transparency through annual reporting and public meetings.
- Prohibits the Department of Licensing from sharing driver, vehicle, or personal information with federal immigration authorities unless a valid court order is provided.
- Requires the Department of Licensing to notify individuals within 3 days if their information is requested by federal immigration authorities under a court order.
- Requires the Department of Licensing and Washington State Patrol to adopt rules by October 1, 2026, ensuring data-sharing agreements include certifications that data will not be used for civil immigration enforcement.
- Mandates ongoing monitoring and immediate termination of access for any entity misusing state systems for civil immigration enforcement without a court order.
- Requires annual reports to the legislature and public meetings on data access statistics, including how many queries federal, state, and local agencies make for driver and vehicle records.
Who is affected
- Washington residents with driver's licenses or state IDs — Individuals who hold Washington driver's licenses or state IDs, especially those who are immigrants or non-citizens, are protected from having their personal information used by federal immigration authorities for civil enforcement without a court order.
- Washington State Department of Licensing — Must follow new rules about data sharing, including adding certifications that federal agencies won’t use shared data for civil immigration enforcement and allowing access only with a court order.
- Washington State Patrol — Must adopt new rules and monitoring protocols to prevent misuse of the ACCESS data system and Nlets for civil immigration enforcement, and must report annually on compliance.
- Governor's Office — Must hold public meetings each year to review data access statistics and ensure transparency about how state systems are used.
Pro/Con Analysis
Potential Benefits (5)
Creates a legal firewall preventing federal immigration authorities from accessing state databases (e.g., driver’s licenses, vehicle registrations) for civil enforcement without a court order — directly protecting non-citizen residents, especially those with state-issued IDs, from being tracked or targeted based on routine administrative data.
Rights & LibertiesPeopleRef: Sec. 3(1)Requires data-sharing agreements to include certifications that federal, state, or local agencies will not use shared data for civil immigration enforcement — reinforcing institutional trust and reducing the chilling effect on non-citizens seeking state services (e.g., driver’s licenses, healthcare, education).
Rights & LibertiesPeopleRef: Sec. 4(1) & Sec. 5(1)Mandates real-time monitoring and immediate termination of access when misuse is detected — enhancing system integrity and reducing the risk that state systems are used to facilitate deportations without judicial oversight, which could undermine community policing efforts.
Public SafetyPeopleRef: Sec. 4(2) & Sec. 5(2)Requires biannual public meetings on data access statistics, held across the state — promoting transparency and enabling public oversight, though the benefit is diffuse and does not directly improve outcomes for any specific subgroup.
Local GovernmentPeopleRef: Sec. 4(4)(b) & Sec. 5(4)(b)Directs courts to construe the law liberally to protect privacy and prevent misuse — reinforcing the bill’s purpose in legal challenges and potentially strengthening judicial enforcement of its provisions.
Rights & LibertiesLean peopleRef: Sec. 6
Potential Concerns (5)
Protects individuals' privacy by preventing state databases (driver’s licenses, vehicle registrations, personal info) from being used by federal immigration authorities for civil enforcement unless a court order is obtained — significantly reducing the risk of warrantless surveillance and immigration enforcement based on routine state data access.
Rights & LibertiesPeopleRef: Sec. 3(1)Requires the Department of Licensing to notify individuals within 3 days if their information is disclosed to federal immigration authorities under a court order, enabling individuals to seek legal counsel or challenge the order — strengthening due process rights for affected residents.
Rights & LibertiesPeopleRef: Sec. 3(2)Mandates immediate termination of access and reporting to the Attorney General when misuse of state systems for civil immigration enforcement is detected — reducing the risk of state systems being weaponized to target vulnerable communities and erode trust in local institutions.
Public SafetyPeopleRef: Sec. 4(2) & Sec. 5(2)Requires annual public meetings on data access statistics, promoting transparency and accountability — though this imposes administrative burden on the Governor’s Office and agencies, it does not meaningfully benefit or burden any specific group beyond general civic engagement.
Local GovernmentRef: Sec. 4(4)(b) & Sec. 5(4)(b)Mandates detailed annual reporting on queries to state systems, which may require additional staff or technology resources — though the fiscal impact is unspecified, the administrative burden falls on state agencies, potentially diverting resources from other public services.
Local GovernmentPeopleRef: Sec. 4(4)(a) & Sec. 5(4)(a)
Who Is Most Affected
Non-citizen residents, especially those with state-issued IDs, benefit significantly from reduced risk of surveillance and civil enforcement based on routine data access; may experience increased trust in state institutions and greater willingness to engage with public services.
May face increased administrative and compliance costs (e.g., new monitoring systems, reporting), but avoids legal liability for improper data sharing; overall impact is mixed but leans neutral-positive due to reduced legal risk.
Must implement new rules and monitoring for ACCESS/Nlets access; may require additional staffing or technology, but avoids complicity in federal immigration enforcement and strengthens institutional integrity.
Must host public meetings and coordinate reporting, adding administrative duties; however, this reinforces transparency and avoids reputational risk from data misuse, making the net impact neutral-positive.