Immigration Law

New Wa. State Evidence Rule Protects Immigrants - ER 413

David Martin, Ken Masters, and Joe Morrison, NW Lawyer, July 2018 - "The Washington Supreme Court adopted ER 413, which strictly limits the use of immigration-status evidence in judicial proceedings, last year. The rule, which takes effect Sept. 1, 2018, will make evidence about a person’s immigration status “generally inadmissible” in both civil and criminal matters, unless limited exceptions are met. Providing immigrants with access to our courts and a fair trial is essential to justice in Washington. ER 413 will protect both the victim of domestic violence and the wrongfully harmed civil litigant from having immigration-status evidence overwhelm the merits of their cause. To our knowledge, this evidence rule is the first of its kind in the nation."