Burien, WA Immigration Policy: Sanctuary Policy Preemption (2026)

The City Council of Burien adopted Chapter 2.26 by Ordinance 651 in 2017. The findings in section 2.26.010 describe Burien as a code city organized under Chapter 35.02 RCW. They state that enforcing civil immigration laws is a federal responsibility, and that forcing local agencies to do it makes local governments spend limited resources on traditionally federal functions. The stated goals are trust between city personnel and immigrant communities, crime prevention, and public health. The findings also note that the King County sheriff's office has had supporting policies since 1992 and that this chapter is consistent with them, which matters because the Burien Police Department is staffed through that office.

The operative rule is section 2.26.020. A city office, department, employee, agency or agent shall not condition the provision of city services on the citizenship or immigration status of any individual, except as provided in the section or when otherwise required by law. Subsection (2) bars city personnel from requesting specific documents, such as passports, alien registration cards or work permits, for the sole purpose of determining whether someone has violated federal civil immigration laws. Subsection (3) lets personnel use such documents when a person offers them in response to a general, nonspecific request. Subsection (4) bars initiating any inquiry or enforcement action based solely on civil immigration status, race, inability to speak English, or inability to understand city personnel.

Subsection (5) requires the city to treat a photo identity document from a person's nation of origin, including a passport or a matricula consular, the same as a Washington driver's license or identification card where the city accepts a state-issued card as proof of identity. A request to translate the document into English is not a violation. The I-9 federal employment eligibility form is carved out. Subsection (7) requires each agency to review its applications, questionnaires and interview forms and to delete or revise any question that requires disclosure of citizenship or immigration status, unless state or federal law or treaty requires it.

The chapter is not a ban on federal contact. Subsection (1) states that nothing in it prohibits a Burien officer or employee from participating in cross-designation or task force activities with federal law enforcement authorities, and section 2.26.010 says the chapter is meant to be consistent with 8 U.S.C. 1373 on communications with federal immigration authorities. Section 2.26.030 separately bars any Burien official, including a contracted agent, from collecting information or building a registry or database to classify people by religious affiliation, while allowing information that is voluntarily provided, including for the decennial census.