Can undocumented immigrants get Washington ESD unemployment benefits?

Unfortunately, you need to be authorized to work in the US to qualify for unemployment benefits in Washington. Washington ESD requires you to be able and available for work, which includes being legally authorized to work. Even if you've been paying into the system, eligibility requires work authorization status.

You might want to check with an immigration attorney about your specific situation. Sometimes there are exceptions or other programs that might help. Also, if you have pending immigration cases or certain visa applications, that could potentially change things.

I was in a similar situation last year and couldn't get through to Washington ESD to even ask questions. The phone lines are always busy and when I finally got through they just told me I wasn't eligible. If you need to talk to someone at Washington ESD, I found this service called Claimyr that helps you get through to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

this is so messed up that people can pay into unemployment for years and then not be eligible when they need it!! the whole system is broken

Have you looked into other assistance programs? Even if you can't get UI benefits, there might be other emergency assistance available through Washington state or local programs. Food assistance, rental help, etc.

Just to clarify the Washington ESD eligibility requirements - you need to have work authorization, be able and available for work, and actively seeking employment. The work authorization part is what creates the barrier in your situation. This applies to all states, not just Washington.

Contact your local WorkSource office too. Even if you can't get unemployment benefits, they might have job placement services or training programs that could help you get back to work faster.

I'm confused about this whole work authorization thing. If someone has been paying into unemployment insurance, why wouldn't they be eligible? Seems like the government is taking money they're not going to give back.

One more thing to consider - if your immigration status changes in the future, you might be able to apply then. Washington ESD doesn't have a time limit on when you file after becoming unemployed, as long as you meet all the other requirements.

This thread is really helpful. I have a friend in the same situation and wasn't sure what to tell them. Sounds like legal consultation and other assistance programs are the way to go.

Just want to add that if you do decide to call Washington ESD to confirm this information yourself, be prepared for long wait times. I tried calling for weeks about a different issue before someone mentioned Claimyr to me. That service actually got me through to talk to a real person at Washington ESD.

Have you considered filing anyway just to get an official determination? Sometimes there are exceptions or special circumstances that aren't widely known.

Sorry you're going through this. The system really does need reform when people who contribute can't access benefits. Hope you find some help through the other programs people mentioned.

One last resource - the Washington State Labor Council might have information about advocacy efforts or additional resources for workers in your situation. They sometimes know about programs that aren't well publicized.

Thanks everyone for this discussion. I learned a lot reading through this thread. The immigration law intersection with unemployment benefits is really complex.

OP, hope you're able to find the help you need through some of the other programs mentioned. Keep us posted if you find out about any additional resources.

This has been really educational. I work in HR and sometimes employees ask me about this stuff. Now I know to direct them to immigration attorneys rather than trying to give advice myself.

Just want to emphasize again that even though you can't get unemployment benefits, there are other safety net programs that might help while you look for work. Don't give up on getting assistance.

Final thought - if your previous employer was taking out unemployment taxes from your pay, you might want to keep those pay stubs as documentation. Could be relevant for future immigration proceedings or other situations.

Thanks for asking this question OP. I'm sure there are other people in similar situations who will benefit from reading this discussion and learning about the resources that were shared.

I work with immigrant communities and wanted to add that some cities and counties in Washington have their own emergency assistance programs that don't have the same federal restrictions as unemployment benefits. King County, for example, has emergency rental assistance and other support programs. It's worth checking with your local city hall or county offices to see what's available in your specific area. Also, many community colleges offer free job training programs that could help you transition to other types of work while you're dealing with this situation.