Washington Code 2.28.310 – Immigration and citizenship information — Federal immigration authorities
Current as of: 2023 | Check for updates
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(1) Judges, court staff, court security personnel, prosecutors, and personnel of the prosecutor’s office:
Terms Used In Washington Code 2.28.310
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(a) Shall not inquire into or collect information about an individual’s immigration or citizenship status, or place of birth, unless there is a connection between such information and an investigation into a violation of state or local criminal law; provided that a judge may make such inquiries as are necessary to adjudicate matters within their jurisdiction. The court may enter orders or conditions to maintain limited disclosure of any information regarding immigration status as it deems appropriate to protect the liberty interests of victims, the accused, civil litigants, witnesses, and those who have accompanied victims to a court facility; and
(b) Shall not otherwise provide nonpublicly available personal information about an individual, including individuals subject to community custody pursuant to RCW 9.94A.701 and 9.94A.702, to federal immigration authorities for the purpose of civil immigration enforcement, nor notify federal immigration authorities of the presence of individuals attending proceedings or accessing court services in court facilities, unless required by federal law or court order.
(2) RCW 2.28.300 through 2.28.330 do not limit or prohibit any state or local agency or officer from:
(a) Sending to, or receiving from, federal immigration authorities the citizenship or immigration status of a person, or maintaining such information, or exchanging the citizenship or immigration status of an individual with any other federal, state, or local government agency, in accordance with 8 U.S.C. § 1373; or
(b) Complying with any other state or federal law.
[ 2020 c 37 § 3.]
NOTES:
Findings—Short title—2020 c 37: See notes following RCW 2.28.300.