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Washington Democrats have introduced a bill that would prohibit child care employers, including families, from reporting criminal illegal immigrants to federal authorities鈥攅ven if they are suspected of committing a crime involving a child in their care.

establishes the Washington State Child Care Workforce Standards Board. It’s a roundabout way for Democrats to take control over the child care industry. It would regulate new minimum wages, benefits, and working conditions for child care workers, while establishing new “rights” afforded to child care workers.

But the bill also introduces a likely unconstitutional provision, making it “unlawful for an employer to… report or threaten to report the actual or suspected citizenship or immigration status of a child care worker, former child care worker, or family member of a child care worker to a federal, state, or local agency for exercising or attempting to exercise any right protected under this act.”

A family that privately hires a child care worker falls under the bill’s definition of a child care employer, which is merely “any employer of child care workers.”

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Democrats protecting illegal immigrants while taking over entire industry

Democrats say they’re pushing this bill to address longstanding issues like low pay and high turnover in the child care industry, which they believe directly impacts the quality and accessibility of child care. By prioritizing worker protections and stability, Democrats argue that the bill will ensure a more sustainable child care workforce, benefiting families and children alike.

The reality, however, is this bill allows Democrats and their interests to take over an entire industry and govern it through a partisan lens. In the process, they would protect illegal immigrants, including ones who are dangerous.

Under this bill, if an employer discovers their employee is a criminal illegal immigrant while that employee happens to be exercising a contrived and nebulous right created by the legislation, they’d be barred from reporting it to the federal government. Because it is so sloppily written, if a child care worker exercises some right protected under the bill, and it got contentious, it could be deemed retaliation months or even years later if the employer discovers and reports the employee for being in this country illegally.

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The bill has a giant loophole that puts kids at risks

There’s also a glaring problem should the employer suspect a child care provider mistreated a child or was neglectful in some way. It’s easy to see how the scenario can play out.

Let’s say an employee is suspected of neglecting a child in his or her care. The employer starts to investigate, but as a way to stymie the investigation, the child care worker files a complaint with the new industry board created by the legislation. They allege a violation of one of the new workplace conditions rule as a means to justify the neglect. As a result, if at any point the employer discovers the employee is an illegal immigrant, they would not be able to report that person to the federal government for violating our immigration laws. That employee could quit and get a job elsewhere where they’re equally neglectful of children, which could have been avoided if they were prioritized for deportation by the federal government.

If this seems far fetched, bear in mind Washington state has seen teachers stay in positions even when . Unions protect teachers who shouldn’t be in the classroom and bad teachers are hired because of inadequate reference checks. If that’s happening with teachers, why would the same issues not come up with child care workers, particularly since the Board created by this legislation essentially acts as union representation?

This bill undermines federal law and creates potential risks in child care settings. Parents deserve to know their children are cared for by vetted, lawful workers,鈥� State Rep. Travis Couture (R-Allyn) explained to 鈥淭he Jason Rantz Show鈥� on KTTH.

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Also… this can’t be legal

Under what authority could a state determine that an employer cannot report a crime to a federal law enforcement agency? The bill’s sponsor, State Rep. Mary Fosse (D-Everett), would not explain. But it’s almost certainly unconstitutional.

Federal law, particularly the requires employers to verify the work authorization of employees and prohibits the hiring of individuals without proper authorization. But sometimes, due to fraud or human error, illegal immigrants are hired. This is especially the case when a family makes the hiring. A state law preventing employers from acting on their federal obligations鈥攕uch as reporting unauthorized workers鈥攚ould interfere with these duties.

The Supremacy Clause establishes that federal law takes precedence over state laws. Immigration is a domain explicitly regulated by federal law, and states cannot interfere with or obstruct federal immigration enforcement, which would include an employer reporting someone in this country illegally. Federal immigration law also supersedes state laws that conflict directly with federal law by making compliance impossible, or standing as an obstacle to federal objectives.

There is some irony with an unconstitutional bill that protects people in this country illegally. But Democrats have made it a point to keep borders porous and welcome into this country unvetted migrants, while interfering with federal immigration enforcement, so we can’t be surprised.