Committee backs measure to bar city workers from sharing nonpublic data with immigration enforcement

The Public Safety Committee voted to recommend passage of Council Bill 121158 on Feb. 10, a measure that would amend Seattle Municipal Code chapter 4.18 to prohibit city employees from disclosing nonpublic personal information to outside entities for use in civil immigration enforcement except when authorized by law or a judicial order or where a person gives informed consent.

"This legislation provides that much needed clarity," Council member Teresa Rivera told the committee (as listed in the record). Rivera described the ordinance as striking obsolete language that directed city employees to "cooperate" with federal immigration enforcement and extending clear guidance to non-law-enforcement departments such as Human Services and the Office of Immigrant and Refugee Affairs.

Tommaso Johnson, council central staff, summarized the legal constraints that shaped the bill: federal immigration law remains a federal function and preempts local policy on some points, and Washington statutes such as the Keep Washington Working Act and related laws limit what localities may restrict. Johnson said the bill mirrors state statutory language for "nonpublic personal information" and builds two exceptions into the city code: informed consent and disclosures required by law or court order.

Council members debated the bill’s relationship to existing state law and SPD policy. Several members, including Council member Lin and Vice Chair Saka, praised the measure as an important, immediate step to protect immigrant residents while acknowledging it is not a comprehensive, final solution and may require follow-up legal review. Council member Lynn recorded an abstention during the committee roll call; Council member Rivera, Council member Resaca and Chair Robert Kettle voted in favor. The clerk announced a committee recommendation of 3 in favor, none opposed and 1 abstention; the recommendation will be transmitted to the full City Council for consideration at its Feb. 17 meeting.

Three members of the public had urged strengthening aspects of the proposal during earlier public comment: Jonathan Moore recommended removing provisions authorizing officers to act on ‘‘reasonable suspicion’’ of deportation status and aligning local code with state law; Howard Gale urged clearer cause-of-action and enforcement mechanisms; and Katia Morgan, a social work graduate student, voiced support for the bill while urging enforceable consequences for employees who improperly share information.

The bill would repeal SMC 4.18.0.010 (the 1986 provision directing cooperation with federal immigration enforcement) and add or amend sections so that employees outside traditional law-enforcement roles have the same guidance about sharing nonpublic personal information. Committee members asked city staff and the city attorney to continue legal analysis before final Council action.