(The Center Square) – Rep. Tarra Simmons – a Democrat with prior felony convictions – proposed on Wednesday prohibiting the Washington State Patrol from hiring recent Trump-era immigration agents.
The Bremerton-based state representative previously served prison time after being arrested for theft, narcotics and unlawful possession of a firearm. Last year, Simmons proposed a bill with Republicans to give certain felons a “pathway” to restoring their firearm rights, including felons with drug convictions.
A Kitsap judge vacated Simmon’s record in 2023 under a 2019 state law that modified the criteria for clearing criminal convictions. On Wednesday, she proposed House Bill 2641, dubbed the “ICE Out Act of 2026,” with Rep. Shaun Scott, D-Seattle. It was one of several proposals aimed at President Donald Trump.
“In this Washington, we have worked incredibly hard to build trust between law enforcement and community,” Simmons said in a public statement on Wednesday. “In most Washington agencies, the men and women who step up to serve have developed a culture of holding each other accountable to the highest professional standards. The last thing we need is infiltration of ICE agents trained during the Trump Administration to send us backwards.”
According to a press release, HB 2641 would prohibit all state law enforcement agencies from hiring anyone sworn in as a U.S. Immigration and Customs Enforcement officer on or after Jan. 20, 2025. Meanwhile, Washington state Democrats are pushing another bill to expand law enforcement eligibility for noncitizens who have federal work authorization.
The official bill was still not available yet on the Washington state Legislature’s website as of Thursday morning. The proposal follows several Seattle schools operating under shelter-in-place orders earlier this week amid unconfirmed claims of ICE activity in the area, according to reporting by KOMO News.
State and federal law prohibit employment discrimination based on several protected classes, such as race, sex, religion, nationality and disability, with Washington state tacking on a few more. Those laws do not extend to prior employment history, being ICE in this case, or political affiliation.
Washington ranks dead last nationwide, including the District of Columbia, in law enforcement officers per capita, and both parties have emphasized the need to hire more. Simmons recognized that Wednesday, but said her bill is designed to prevent “dangerous tactics” from entering Washington.
The Center Square contacted the state Office of the Attorney General – given that AG Nick Brown has requested other ICE-related bills – to ask whether Brown had requested HB 2461 and about its legality.
Deputy Communications Director Mike Faulk said Brown had not yet reviewed the proposal.
“HB 2641 is a discriminatory proposal that moves Washington in the wrong direction at a time when public safety and recruitment are already under strain,” Rep. Brian Burnett, R-Chelan, told The Center Square on Thursday in response to Simmons’ press release.
Burnett, who has over 25 years of law enforcement experience, sits on the House Community Safety Committee, which Simmons helps lead as vice chair with Rep. Roger Goodman, D-Kirkland. The state hasn’t said which committee will hear HB 2641, but the community safety committee handles policing.
Burnett, the former Chelan County sheriff, said HB 2641 would arbitrarily shrink a limited recruiting pool based on federal service. He said the natural career path typically flows from local agencies to federal service, not the other way around.
“Federal officers seeking to return to local policing bring experience, training, and a commitment to lawful service that should be evaluated on individual merit, not political litmus tests,” Burnett said. “We should be focused on strengthening collaboration, supporting officers who carry out their legal duties, and rebuilding our law enforcement workforce, not advancing policies that weaken it further.”
Rep. Jim Walsh, R-Aberdeen, who chairs the Washington State Republican Party, believes that HB 2641 is the result of party infighting. Kitsap County Democrats filed an ethics complaint against Simmons a few weeks ago over donations she made to a Nevada nonprofit with which she allegedly has personal ties. Walsh told The Center Square that Simmons appears to be trying to regain support with this bill.
“She’s in trouble with her own base, so she’s throwing them some red meat by Trump,” Walsh said.
The courts have previously held that employers can reject applicants based on prior conduct and work experience. But the U.S. Supreme Court has also held that state and local governments cannot hire or fire based on political affiliation, ruling that such practices would violate the First Amendment.
Walsh said when looking at prior employment history, you have consider the public benefit in doing so.
He questioned whether there is any benefit to HB 2641 and thinks it violates the equal protection clause.
“We can say this about many anti-discrimination laws, but this one is egregious,” Walsh told The Center Square. “Why do politicians get to pick and choose who can be discriminated against and who can’t?”
Illinois is also considering a proposal to ban its state law enforcement agencies from hiring ICE officers serving under the second Trump administration.
The Center Square emailed Simmons and Scott to ask whether they thought HB 2641 was discriminatory, but Scott didn’t respond before publishing on Thursday. This article may be updated if he responds later.
“No. I do not see this as discriminatory towards any political affiliation,” Simmons responded via email, noting that not everyone in ICE is a part of any given party. “I am deeply concerned about inviting anyone into Washington law enforcement who is comfortable with participating in the kidnappings and violence that is currently being inflicted upon our neighbors via the tactics that ICE officers use.”
ICE officials could not immediately be reached for comment.