HB 2597 Washington House · 2025-2026 Regular Session

Concerning remedies for violations of federal constitutional rights occurring during immigration enforcement.

HB 2597 creates a legal remedy for people whose constitutional rights are violated during civil immigration enforcement actions in Washington, such as detention, questioning, or removal by government officials. It allows victims to sue for damages and seek attorney fees if they win their case, with lawsuits required to be filed within two years of the violation. The law specifically applies to actions taken "under color of law" during immigration enforcement, covering both immigrants and U.S. citizens within Washington's jurisdiction. It aligns with federal constitutional protections but does not override existing defenses like sovereign immunity.

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2026

Committee Review

Floor Vote

Governor

Introduced Jan 20, 2026 Last action Feb 9, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Bill → Substitute Bill · 6 edits

MODERATE

The bill was renumbered from H-2999.1 to H-3398.1 and moved to a committee subcommittee for review. The core legal text was completely rewritten to replace Washington's original, broad liability rules with a version closely mirroring the federal 42 U.S.C. Section 1983 statute. This change significantly narrows the scope of liability by explicitly allowing defendants to claim immunity defenses and clarifying that sovereign immunity remains intact.

Scope change

The bill's scope was narrowed from a broad state-law liability framework to a specific cause of action that mirrors federal civil rights standards, including explicit immunity protections for defendants.

TECHNICAL

The bill number was changed from H-2999.9 to H-3398.1, and the sponsor list was updated to reflect committee assignment.

REQUIREMENT

The statute of limitations for filing a lawsuit was shortened from three years to two years.

Defendants are now explicitly allowed to assert absolute or qualified immunity defenses, and sovereign immunity is preserved.

Attorney fees for defendants are now only awarded if the plaintiff's case was clearly in excess of the officer's jurisdiction.

Injunctive relief against judicial officers is now restricted to cases where a declaratory decree was violated or relief was unavailable.

ELIGIBILITY

The definition of 'civil immigration enforcement' was expanded to include actions taken under federal law, not just state or local laws.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 9, 2026

Committee

Referred to Rules 2 Review.

lower

Feb 9, 2026

Lower · Passed

Minority; do not pass.

lower

Feb 9, 2026

Lower · Passed

APP - Majority; do pass 1st substitute bill proposed by Civil Rights & Judiciary.

lower

Feb 9, 2026

Lower · Passed

Executive action taken in the House Committee on Appropriations at 10:30 AM.

lower

Feb 6, 2026

Lower · Passed

Public hearing in the House Committee on Appropriations at 10:30 AM.

lower

Feb 4, 2026

Committee

Referred to Appropriations.

lower

Feb 4, 2026

Lower · Passed

Minority; do not pass.

lower

Feb 4, 2026

Lower · Passed

Executive action taken in the House Committee on Civil Rights & Judiciary at 8:00 AM.

lower

Jan 28, 2026

Lower · Passed

Public hearing in the House Committee on Civil Rights & Judiciary at 8:00 AM.

lower

1 primary · 18 co-sponsors