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HB1870
HOUSE OF REPRESENTATIVES
H.B. NO.
1870
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO PROTECTED COMMUNITY LOCATIONS
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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 schools, health care
settings, libraries, shelters, places of worship, and other community spaces
must remain safe and accessible to all residents.
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In January 2025, the United States Department
of Homeland Security rescinded prior guidance protecting "sensitive"
or "protected" areas, creating uncertainty and chilling access to
critical services.
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The purpose of this Act is to
establish statewide standards for state and county agencies, officials, and
employees, and recipients of state funds, to limit participation in civil
immigration enforcement in or near protected community locations, consistent
with the State's police powers, civil rights laws, and constitutional
protections for education, public health, and the free exercise of religion.
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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
protected community locations and civil
immigration enforcement
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� -1
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Definitions.
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As used in this chapter:
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"Civil immigration enforcement"
means actions to investigate, apprehend, detain, or remove a person for alleged
violations of federal civil immigration law.
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"Designated administrator or counsel"
means the individual or office formally identified as the point of contact
authorized to receive, review, and respond to inquiries, requests, or documents
related to civil immigration enforcement, including verifying the validity and
authority of judicial warrants and coordinating the agency's obligations under
this chapter.
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"Immigration detainer" means a
request from a federal agency to a state agency to hold an individual for civil
immigration enforcement purposes in state custody.
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"Judicial warrant" means a
warrant issued by a federal or state judge based on probable cause.
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"Judicial warrant" does not include
an administrative warrant issued by an executive branch agency, or immigration
detainer.
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"Nonpublic area" means any area
of a facility that is not open to the general public.
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"Protected community location"
means any location that provides state-funded services related to education,
physical or mental health, social services such as shelter care or food
assistance, or access to justice, including:
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(1)
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Public schools,
public charter schools, the department of education's offices and buses,
licensed child care facilities, and public institutions of higher education,
including university of Hawaii campuses;
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(2)
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Health care
facilities and clinics, including public hospitals, community health centers,
emergency rooms, and vaccination or testing sites;
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(3)
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Libraries,
shelters, food banks or food pantries, and other state-funded social service
locations; and
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(4)
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Portions of places
of worship that are used to provide state-funded services.
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"Protected perimeter" means
the area within one thousand feet of the real property boundary of a protected
community location, including adjacent parking areas, sidewalks, streets, and
other publicly accessible spaces.
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"State actor" means any
state or county agency, officer, or employee, or any recipient of state funds,
when providing state-funded services.
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-2
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No assistance with civil immigration
enforcement in protected community locations.
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(a)
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A
state actor shall not use personnel, facilities, property, equipment, or funds
to assist with civil immigration enforcement in a protected community location
or within the protected perimeter, except as authorized in subsection (c).
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(b)
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A state actor shall not:
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(1)
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Provide access to
nonpublic areas of a protected community location for civil immigration
enforcement purposes;
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(2)
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Collect, retain,
or disclose personal or identifying information, including schedules,
enrollment information, patient data, worship schedules, or release alerts, for
civil immigration enforcement purposes; or
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(3)
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Facilitate
interviews or surveillance for civil immigration enforcement purposes;
unless required by federal or state law or pursuant
to a judicial warrant.
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(c)
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This section shall not prohibit:
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(1)
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Responding to an imminent
threat to life or safety;
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(2)
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Executing a judicial warrant or court order;
or
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(3)
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Performing duties
unrelated to civil immigration enforcement, including fire code, building
safety, or public health inspections.
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-3
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Law enforcement requests; judicial warrants;
reporting.
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(a)
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A state actor working at a protected community
location shall refer any law enforcement request relating to immigration to the
designated administrator or counsel.
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(b)
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Access to nonpublic areas shall be granted
only upon presentation of a judicial warrant, either the original or a court-stamped
copy, and confirmation by the designated administrator or counsel that the
warrant is valid and authorizes the requested entry.
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(c)
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Each state actor shall document all
immigration-related requests, including photographing or otherwise copying any
warrant or document presented, and promptly transmit the record to the
designated administrator or counsel and attorney general.
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� -4
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Policies, training, and signage.
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(a)
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By ,
the department of education, state public charter school commission, university
of Hawaii, Hawaii health systems corporation, Hawaii state public library
system, and Hawaii emergency management agency
shall adopt and post written
policies that:
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(1)
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Identify nonpublic
areas;
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(2)
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Establish
procedures for warrant verification and staff response;
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(3)
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Prohibit the collection
or disclosure of immigration-status data unless required by law;
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(4)
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Require annual
staff training; and
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(5)
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Require
multilingual notices stating that services are provided regardless of immigration
status and outlining warrant requirements.
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(b)
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The attorney general shall publish model
policies for adoption by county facilities and voluntary adoption by private
education or health providers and private places of worship.
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-5
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Data privacy and records.
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(a)
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State actors shall not inquire into, collect,
or maintain information regarding a person's immigration or citizenship status,
except as required by law or as necessary to provide the requested service.
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(b)
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A state actor may disclose personal
information to federal immigration authorities only pursuant to a judicial
warrant, subpoena, or court order that specifically requires disclosure.
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� -6
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Enforcement; civil penalty; private right of
action; retaliation prohibited.
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(a)
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The attorney general shall receive complaints,
investigate alleged violations, and issue findings and corrective orders.
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(b)
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Any state actor who wilfully or repeatedly
violates this chapter may be assessed a civil penalty of up to $2,500 for each
violation; provided that the state actor is given notice and an opportunity to
cure the violation.
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The department of
the attorney general may adopt rules pursuant to chapter 91 to increase the
fines under this section for egregious breaches involving the disclosure of
protected records.
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(c)
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An aggrieved person may seek injunctive or
declaratory relief and reasonable attorney's fees.
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(d)
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Retaliation against complainants, witnesses,
or state actors who refuse to provide unlawful assistance shall be prohibited.
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� -7
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Construction; federal law.
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(a)
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Nothing in this chapter shall obstruct federal
officers acting within their lawful authority.
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This chapter shall be construed to regulate only the conduct of state
actors and individuals providing state-funded services.
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(b)
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The rescission of federal immigration
enforcement policies regarding protected areas shall not diminish the
safeguards established in this chapter."
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SECTION 3.
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Chapter 127A, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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�127A-
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Protected community locations; compliance.
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The
agency shall comply with chapter , relating to protected
community locations and civil immigration enforcement, including adopting and
posting written policies, providing annual staff training, and maintaining data
privacy protections.
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SECTION
4.
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Chapter 302A, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:
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"
�302A-
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Protected community locations; compliance.
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The
department shall comply with chapter , relating to protected
community locations and civil immigration enforcement, including adopting and
posting written policies, providing annual staff training, and maintaining data
privacy protections.
"
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SECTION 5.
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Chapter 302D, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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�302D-
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Protected
community locations; compliance.
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The commission shall comply with chapter
, relating to protected community locations and civil
immigration enforcement, including adopting and posting written policies, providing
annual staff training, and maintaining data privacy protections.
"
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SECTION 6.
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Chapter 304A, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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"
�304A-
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Protected
community locations; compliance.
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The university of Hawaii shall comply with
chapter , relating to protected community locations and civil
immigration enforcement, including adopting and posting written policies, providing
annual staff training, and maintaining data privacy protections.
"
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SECTION 7.
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Chapter 312, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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"
�312-
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Protected
community locations; compliance.
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The Hawaii state public library system shall
comply with chapter , relating to protected community
locations and civil immigration enforcement, including adopting and posting
written policies, providing annual staff training, and maintaining data privacy
protections.
"
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SECTION 8.
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Chapter 323F, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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"
�323F-
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Protected
community locations; compliance.
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The corporation shall comply with chapter
, relating to protected community locations and civil
immigration enforcement, including adopting and posting written policies, providing
annual staff training, and maintaining data privacy protections.
"
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SECTION 9.
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There is appropriated out of the general
revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2026-2027 for the department of the
attorney general to implement this Act, including by providing model policies,
training materials, and a reporting portal.
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The sum appropriated shall be
expended by the department of the attorney general for the purposes of this
Act.
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SECTION 10.
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This Act shall take effect on July 1, 2026;
provided that sections -4 and -5, Hawaii
Revised Statutes, shall take effect on January 1, 2027.
INTRODUCED BY:
_____________________________
Report Title:
AG; DOE;
SPCSC; UH; HHSC; HSPLS; HIEMA; Civil Immigration Enforcement; Protected
Community Locations
Description:
Establishes
statewide standards for state and county agencies, officers, and employees, and
recipients of state funds, to limit participation in civil immigration
enforcement in or near protected community locations
that provide state-funded services
related to education, physical or mental health, social services such as
shelter care or food assistance, or access to justice, including schools,
health care facilities, libraries, shelters, and places of worship.
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Requires the Department of Education, State Public
Charter School Commission, University of Hawaii, Hawaii Health Systems
Corporation, Hawaii State Public Library System, and Hawaii Emergency
Management Agency to adopt and post written policies, provide annual staff
training, and maintain data privacy protections.
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Appropriates funds for implementation by the Attorney
General.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.