RELATING TO IMMIGRATION.

HB1768

HOUSE OF REPRESENTATIVES

H.B. NO.

1768

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to immigration
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The legislature finds that the State is
committed to ensuring that all residents of Hawaii are treated equally
notwithstanding race, religion, national origin, disability status, sexual
orientation, gender, or immigration status.

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The
legislature further finds that all residents of the State are entitled to live in
dignity and without fear.
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The
legislature also finds that immigrants are valuable and essential members of
the community and should be able to live full and productive lives without fear
of the government.

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Furthermore,
the legislature finds that a relationship of trust between this State's
immigrant community and state and county agencies is central to the public
safety of the people of Hawaii.
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This trust
is threatened when state and county agencies are entangled with federal
immigration enforcement, with the result that immigrant community members fear
going to court, seeking basic health or other services, or pursuing education
to the detriment of public safety and the well-being of all residents.

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Therefore,
the purpose of this Act is to:

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(1)
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Prohibit any state or county law enforcement
agency or law enforcement official from entering into an agreement under title 8
United States Code section 1357(g) or any other federal law that permits state
or county agencies to engage in immigration enforcement; and

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(2)
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Prohibit state and county law enforcement
agencies or law enforcement officials from engaging in certain immigration-related
actions, except under limited circumstances.

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SECTION
2.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:

"
Chapter

IMMIGRATION
ENFORCEMENT; PROHIBITIONS

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Definitions.
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As used in this chapter, unless the context
clearly requires otherwise:

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"County"
includes the city and county of Honolulu, county of Hawaii, county of Kauai,
and county of Maui.

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"Federal
immigration authority" means any federal officer, employee, or person
performing immigration enforcement functions.

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"Hold
request" means a request by any immigration authority that a state or
county law enforcement agency maintain custody of an individual currently in
its custody beyond the time the individual would otherwise be eligible for
release in order to facilitate transfer to the immigration authority.

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"Immigration
enforcement" includes any effort to:

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(1)
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Investigate, enforce, or assist in the
investigation or enforcement of any federal civil immigration law; or

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(2)
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Investigate, enforce, or assist in the
investigation or enforcement of any federal criminal immigration law that
penalizes a person's presence in, entry, or reentry to, or employment in, the
United States, including but not limited to violations of title 8 United States
Codes sections 1253, 1304, 1306(a) and (b), 1325, or 1326.

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"Law
enforcement agency" means any agency in the State charged with enforcement
of state or county laws or ordinances, or with managing the custody of detained
persons in the State.

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"Law
enforcement official" means any officer or other agent of a state or county
law enforcement agency authorized to enforce state or county criminal laws or
ordinances; operate correctional facilities or juvenile detention facilities;
or maintain custody of individuals in correctional facilities or juvenile
detention facilities.

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Immigration enforcement agreements;
prohibited.
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No

law
enforcement agency or law enforcement official shall enter into an agreement
under title 8 United States Codes section 1357(g) or any other federal law that
permits state or county agencies to engage in immigration enforcement.

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Prohibited actions by law enforcement
agencies or law enforcement officials.
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No law enforcement agency or law enforcement official shall:

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(1)
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Inquire about the citizenship or immigration
status of an individual, except as required by law;

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(2)
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Provide information pursuant to notification
requests from federal immigration authorities for the purposes of immigration
enforcement, except as required by law;

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(3)
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Provide non-publicly available personal
information to federal immigration authorities about an individual in a
noncriminal matter, except as required by law;

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(4)
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Allow federal immigration authorities access to
interview individuals about federal immigration violations while they are in
custody, except as required by law or by court order, unless such individuals
consent in writing to be interviewed;

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(5)
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Detain an individual on the basis of a hold
request;

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(6)
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Provide information regarding an individual's
release date to federal immigration authorities; or

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(7)
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Transfer an individual to federal immigration
authorities, unless authorized by a judicial warrant or judicial determination
of probable cause."

SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

State and
County Law Enforcement; Immigration Enforcement Actions; Prohibition

Description:

Prohibits
any law enforcement agency or law enforcement official from entering into an
agreement under
title 8 United States Codes section
1357(g) or any other federal law
that permits state or county agencies to engage in immigration enforcement.
�
Prohibits law enforcement agencies or law
enforcement officials from engaging in certain immigration-related actions,
except under limited circumstances.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.