RELATING TO IMMIGRATION.

HB1839

HOUSE OF REPRESENTATIVES

H.B. NO.

1839

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, according to the
American Immigration Council, the State is home to approximately 258,800 immigrants,
including 29,900 undocumented immigrants.
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The legislature further finds that the State is justifiably proud of its
rich immigrant heritage, which has woven many residents into a valued tapestry
of races, ancestral groups, religions, cultures, and languages from many parts
of the world.

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The legislature further finds that
the State is also proud of its strong civil rights record.
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Article I, section 5, of the Hawaii State
Constitution affirmatively states that no person shall be denied the equal protection
of the laws or the enjoyment of the person's civil rights or be discriminated
against in the exercise of these rights because of race or ancestry.

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The legislature notes that while immigration
is a federal responsibility, state and local agencies have significant
discretion regarding whether and how to respond to requests for assistance from
federal immigration enforcement.
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The
enforcement of immigration law is carried out by the United States Immigration
and Customs Enforcement or United States Customs and Border Protection, both of
which are agencies of the Department of Homeland Security.
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Federal law does not require state and local
entities to collect or share information with the United States Immigration and
Customs Enforcement and United States Customs and Border Protection.
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Rather, federal law, under title 8 United
States Code section 1373, limits state and local governments from restricting
communication with federal immigration authorities concerning information
regarding the citizenship or immigration status, lawful or unlawful, of any
individual.
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There is no affirmative duty
for state and local governments to collect or share this information, and there
is no prohibition against preventing the communication of other non-public
information.

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The legislature also finds that
because the State is home to residents of diverse ethnic, racial, and national
backgrounds, including immigrants who are valuable and important members of
local communities, and because of the State's strong due process and civil
rights protections for all, it is essential to ensure that immigrants and
migrants in state and county law enforcement custody are provided due process
and civil rights protections.

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Accordingly, the purpose of this Act
is to:

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(1)
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Require state and county
law enforcement agencies to notify an individual in the custody of a state or
local law enforcement agency of their rights before any civil immigration interview
with the United States Immigration and Customs Enforcement pertaining to
certain matters regarding civil immigration violations can commence;

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(2)
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Designate all
records relating to United States Immigration and Customs Enforcement access to
a detained individual provided by a state or county law enforcement agency as
public records; and

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(3)
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Require state and county
law enforcement agencies that have provided the United States Immigration and
Customs Enforcement access to a detained individual within the previous year to
hold two public forums per year.

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SECTION 2.
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Chapter 353C, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

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"
�353C-
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Immigration;
civil immigration interviews; due process and transparency; requirements.
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(a)
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Before any civil immigration interview
between United States Immigration and Customs Enforcement and an individual in
law enforcement agency custody regarding civil immigration violations may
commence, the law enforcement agency shall provide the individual with a
written notice that:

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(1)
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Explains:

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(A)
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The
purpose of the interview;

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(B)
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The
interview is voluntary; and

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(C)
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The
individual may either:

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(i)
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Decline
to be interviewed; or

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(ii)
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Choose
to be interviewed only with the individual's attorney present; and

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(2)
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Clearly
provides a space for the individual to indicate that they:

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(A)
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Consent
to the interview;

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(B)
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Consent
to the interview with the individual's attorney present; or

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(C)
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Do
not consent to the interview.

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(b)
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The written consent form required under subsection (a) shall be provided
at no cost and shall be available in the languages that the office of language
access provides translations for, including but not limited to:

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(1)
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Chinese
Mandarin or Cantonese;

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(2)
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Chuukese;

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(3)
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English;

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(4)
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Ilokano;

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(5)
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Japanese;

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(6)
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Korean;

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(7)
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Olelo Hawaii;

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(8)
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Marshallese;

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(9)
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Samoan;

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(10)
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Spanish;

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(11)
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Tagalog;

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(12)
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Thai;

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(13)
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Vietnamese; and

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(14)
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Visayan.

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The law enforcement agency shall
provide the individual, the individual's attorney, or the individual's
designated representative with a copy of the signed written consent form and
retain a copy of each written consent form.

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(c)
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Upon request, a law enforcement agency shall
provide reasonable phone access and a reasonable opportunity to consult with
counsel before any civil immigration interview.

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(d)
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Law enforcement agencies shall log each civil
immigration interview request, including the following:

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(1)
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Date and time
of the civil immigration interview request;

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(2)
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Weather the
written consent form under subsection (a) was provided to the individual;

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(3)
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The language
used in the written consent form;

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(4)
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Whether consent
was given to a civil immigration interview; and

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(5)
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If consent was
given, whether counsel was present at the interview.

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(e)
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Upon receiving any United States Immigration
and Customs Enforcement immigration hold, notification, or transfer request, a
law enforcement agency shall provide a copy of the request to the individual
and inform the individual whether the law enforcement agency intends to comply
with the request.
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If a law enforcement
agency provides the United States Immigration and Customs Enforcement with
notification that an individual is being, or will be, released on a certain
date, the law enforcement agency shall promptly provide the same notification
in writing within two business days to the individual and the individual's
attorney or the individual's designated representative.

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(f)
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All records relating to United States
Immigration and Customs Enforcement access to a detained individual provided by
a law enforcement agency, including all communication with United States
Immigration and Customs Enforcement, shall be public records for purposes of
chapter 92F, including the exemptions provided by chapter 92F; provided that
personal identifying information shall be redacted before public disclosure.
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Records relating to United states Immigration
and Customs Enforcement access to a detained individual shall include but not
be limited to:

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(1)
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Logs maintained
by the law enforcement agency pursuant to subsection (d);

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(2)
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The date the
United States Immigration and Customs Enforcement was provided the records; and

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(3)
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Whether the
United States Immigration and Customs Enforcement access was provided through
an immigration hold, transfer, or notification request, or other means.

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(g)
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Each law enforcement agency shall provide
de-identified copies of the records maintained pursuant to subsection (f) to
the department of the attorney general on a quarterly basis.
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The attorney general shall submit a report to
the legislature no later than twenty days prior to the convening of each
regular session that summarizes the requests for access to a detained
individual by the United States Immigration and Customs Enforcement and the
outcomes of those requests, aggregated by county.

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(h)
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The director, if a state law enforcement
agency, or chief of police, if a county law enforcement agency, that has
provided the United States Immigrations and Customs Enforcement access to a
detained individual during the previous year shall hold at least two community
forums during the following year.
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The
community forums shall be subject to the requirements of chapter 92 and shall
provide information to the public about United States Immigration and Customs
Enforcement access to detained individuals and to receive and consider public
comment.
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As part of the forums, the law
enforcement agency shall provide the director or chief of police with:

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(1)
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Data it
maintains regarding the number and demographic characteristics of detained
individuals to whom the law enforcement agency has provided the United States
Immigration and Customs Enforcement access;

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(2)
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The date the
United States Immigration and Customs Enforcement was provided the access; and

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(3)
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Whether the
United States Immigration and Customs Enforcement was provided access through
an immigration hold, transfer, or notification request, or other means.

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The law enforcement agency shall
provide the information under paragraphs (1) to (3) to the director or chief of
police in the form of statistics; provided that if statistics are not
maintained, then the law enforcement agency shall provide the director or chief
of police with individual records; provided further that the law enforcement
agency shall redact any personally identifiable information.

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(i)
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No later than December 31, 2026, the
department of the attorney general shall develop and publish consent forms that
meet the requirements of subsection (a) and model policies addressing requests
from the United States Immigration and Customs Enforcement for access to a
detained individual for law enforcement agencies to adopt.

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(j)
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The department of the attorney general may
receive and investigate complaints of violations of this section and issue
findings and corrective orders.

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(k)
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An aggrieved person may bring an action
seeking injunctive or declaratory relief and reasonable attorney's fees against
a law enforcement agency who has violated the requirements of subsection (a) or
(b).

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(l)
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For the purposes of this section:

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"Civil immigration interview"
means any interview by federal immigration authorities concerning civil
immigration matters of a person in the custody of a law enforcement agency.

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"Director" means director of
law enforcement.

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"Immigration hold"
means an immigration detainer issued pursuant to title 8 Code of Federal
Regulations section 287.7, or any similar request from the United States
Immigration and Customs Enforcement or United States Customs and Border Protection
for detention of an individual suspected of violating civil immigration law.

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"Law enforcement
agency" means any agency of the State or any of its political
subdivisions, or any officer of those agencies, which is authorized to enforce
criminal laws, operate correctional facilities, or maintain custody of
individuals in correctional facilities, and any individual or agency authorized
to operate detention facilities or to maintain custody of individuals in
juvenile detention facilities.
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"Law
enforcement agency" does not include any federal agency or its political
subdivisions, or any officer of those agencies, that is authorized to enforce
criminal laws, operate correctional facilities, or maintain custody of
individuals in correctional facilities, and any individual or agency authorized
to operate detention facilities or to maintain custody of individuals in juvenile
detention facilities.
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SECTION 3.
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New statutory material is underscored.

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

INTRODUCED BY:

_____________________________

Report Title:

Immigration;
Law Enforcement Agencies; Access to Detained Individuals; Civil Immigration
Interviews; Due Process; Public Forums

Description:

Requires state and county law enforcement agencies to
notify an individual in the custody of a state or county law enforcement agency
of their rights before any interview with the United States Immigration and
Customs Enforcement pertaining to certain matters regarding civil immigration
violations can commence.
�
Designates all
records relating to United States Immigration and Customs Enforcement access to
detained individuals provided by a state or local law enforcement agency as
public records.
�
Requires state and county
law enforcement agencies that have provided the United States Immigration and
Customs Enforcement access to a detained individual within the previous year to
hold two public forums per year.

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