OLYMPIA, WA – The Washington State Legislature passed a bill last week declaring it “unprofessional conduct” for bail bond recovery agents – better known as bounty hunters – to enforce civil immigration warrants, setting the stage to revoke licenses.
While state law already prohibits local law enforcement from participating in federal immigration enforcement, Senate Bill 5714 closes some loopholes. The proposal seemingly expands what critics call Washington’s “sanctuary law” despite President Donald Trump’s plan to dismantle it.
The Keep Washington Working Act, or KWWA, doesn’t mention the word “sanctuary,” but many have summed it up to just that. SB 5714 stands alone but builds on the notion that Washington shouldn’t aid federal immigration authorities, extending the prohibition to bounty hunters as well.
“Our communities are scared, and the last thing we need is vigilantes … or people with other jobs feeling like they have the responsibility to report everybody to immigration,” Rep. Lillian Ortiz-Self, D-Mukilteo, argued Thursday. “That is not what we are about.”
Ortiz-Self said it’s the role of the federal government to enforce immigration, not the states. She and other Democrats rejected Republican amendments that they said would “gut” the bill. With Gov. Bob Ferguson’s signature, SB 5714 could disincentivize bail bond agents from stepping in.
The proposal applies explicitly to bail bond agents and recovery agents. Bail bond businesses provide defendants with money to post bail. However, if that person violates the agreement, a recovery agent, also called a bounty hunter, is paid to track them down and send them to court.
Under SB 5714, it’s “unprofessional conduct” for the agents to enforce civil immigration warrants or share a defendant’s immigration status with anyone outside the company. Doing so could end in the Department of Licensing revoking or suspending an agent’s license or ability to practice.
Agents engaging in “unprofessional conduct” could also face fines of up to $5,000 per violation.
“We need to fix our broken immigration system,” Rep. Jeremie Dufault, R-Selah, argued, “but until that is done, we do not have the option here in this body to control matters of federal law.”
Individuals may face civil immigration warrants if they overstay a visa, while criminal warrants could follow actions like illegal entry. SB 5714 only pertains to civil warrants, but the clause about sharing information with anyone outside the bond company largely reflects the KWWA.
U.S. Rep. Michael Baumgartner, R-Wash., sent a letter to state Attorney General Nick Brown last month over the KWWA. He and other House Republicans criticized the law, citing conflicts with federal statutes and a lawsuit Brown recently filed against the Adams County Sheriff’s Office.
Rep. Rob Chase, R-Liberty Lake, argued that SB 5714 violates the Homeland Security Act. The federal policy created the U.S. Department of Homeland Security, but Chase’s mention of the “see something, say something” campaign, while related, refers more so to terrorism crimes.
“See something, say something,” Chase said. “I don’t think there’s any exemption for bail bondsmen in that.”
While SB 5714 passed with broad bipartisan support in the Senate, every House Republican voted against it on Wednesday, passing along party lines with the majority’s support.
