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HB22
HOUSE OF REPRESENTATIVES
H.B. NO.
22
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to collaboration with the federal government
.
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
a report published by the American Immigration Council in 2020, Hawaii is home
to 266,147 immigrants, including forty-five thousand undocumented
immigrants.
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The legislature further
finds that Hawaii is justifiably proud of its rich immigrant heritage, which
has woven many people into a valued tapestry of races, ancestral groups,
religions, cultures, and languages from many parts of the world.
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The
legislature also finds that while immigration is a federal function, state and
local agencies have significant discretion regarding whether and how to respond
to requests for collaboration and assistance from federal immigration authorities.
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The enforcement of immigration law is
carried out by Immigration and Customs Enforcement and Customs and Border
Protection, both of which are agencies of the United States Department of
Homeland Security.
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Federal law does not
require state and local entities to collect or share information with Immigration
and Customs Enforcement and 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 additionally finds that the federal government should not shift the
financial burden of federal civil immigration enforcement, including personnel
time and costs relating to notification and detention, onto local law
enforcement by requesting that local law enforcement agencies continue
detaining persons based on non-mandatory civil immigration detainers or
cooperating and assisting with requests to notify Immigration and Customs
Enforcement that a person will be released from local custody.
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Furthermore, the legislature does not believe this
is a wise and effective use of valuable, limited state and local resources at a
time when vital services are already overburdened.
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Moreover,
the legislature finds that civil immigration detainers are issued by
immigration officers without judicial oversight, and the federal regulation
authorizing civil immigration detainers provides no minimum standard of proof
for their issuance.
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As a result, there
are serious questions concerning their constitutionality.
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Unlike criminal warrants, which must be
supported by probable cause and issued by judges, no such requirements exist for
the issuance of a civil immigration detainer.
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Several federal courts have ruled that because
civil immigration detainers and other Immigration and Customs Enforcement
"Notice of Action" documents are issued without probable cause of
criminal conduct, they do not meet the Fourth Amendment requirements for state
or local law enforcement officials to arrest and hold an individual in custody.
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Complying with non-mandatory civil
immigration detainers frequently raises due process concerns.
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In
addition, the legislature finds that because Hawaii is home to people of
diverse ethnic, racial, and national backgrounds, including immigrants who are
valuable and important members of our community, it is essential to the public
safety of all residents that there is a relationship of trust and cooperation
among all members of the community, including immigrants, migrants, and the
local law enforcement community.
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This
relationship, which is essential to community policing, is undermined when
local law enforcement agencies voluntarily act at the request of federal
immigration officials to enforce federal immigration laws.
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Therefore,
the purpose of this Act is to permit state and county law enforcement agencies
to collaborate with the federal government for immigration purposes only in limited,
specific 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;
COLLABORATION WITH FEDERAL GOVERNMENT
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Definitions.
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As used in this chapter, unless the context
otherwise requires:
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"Civil
immigration detainer", "civil immigration warrant", or
"immigration hold" means an immigration detainer issued pursuant to
title 8 Code of Federal Regulations section 287.7 or any similar request from
Immigration and Customs Enforcement or Customs and Border Protection for the detention
of an individual suspected of violating civil immigration law.
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"Customs
and Border Protection" means United States Customs and Border Protection,
a component of the United States Department of Homeland Security.
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"Hawaii
law enforcement agency" means any agency of the State or a county, 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 juvenile
detention facilities or to maintain custody of individuals in juvenile
detention facilities.
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"Immigration
and Customs Enforcement" means United States Immigration and Customs
Enforcement, a component of the United States Department of Homeland Security.
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"Judicial
warrant" means a warrant based on probable cause and issued by a federal
judge or a federal magistrate judge appointed under Article III of the United States
Constitution who authorizes federal immigration authorities to take into
custody the individual who is the subject of the warrant. "Judicial
warrant" shall not include a civil immigration warrant, administrative
warrant, or other document signed only by Immigration and Customs Enforcement
or Customs and Border Protection officials.
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Prohibition against honoring detainer
requests; exceptions.
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(a)
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No Hawaii law enforcement agency shall comply
with a civil immigration detainer from Immigration and Customs Enforcement or
Customs and Border Protection to detain or transfer an individual for
immigration enforcement or investigation purposes; provided that the Hawaii law
enforcement agency may respond affirmatively if the detainer request is
accompanied by a judicial warrant or as provided in subsection (b).
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(b)
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A Hawaii law enforcement agency may detain an
individual for up to forty-eight hours on a civil immigration detainer request
in the absence of a judicial warrant in the follow circumstances:
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(1)
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The individual has been convicted of a felony
within five years prior to the date of the official request; or
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(2)
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There is probable cause to believe that the
individual has or is engaged in terrorist activity.
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Prohibition against requests for information;
exceptions.
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(a)
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No Hawaii law enforcement agency shall comply
with any request from Immigration and Customs Enforcement or Customs and Border
Protection for non-public information about an individual, including but not
limited to information about an individual's release, home address, or work
address, except as provided in subsection (b).
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(b)
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A Hawaii law enforcement agency may comply
with an information request in the following circumstances:
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(1)
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The information request is accompanied by a
judicial warrant;
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(2)
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The individual has been convicted of a felony
within five years prior to the date of the official request;
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(3)
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The individual has been arrested for a felony
and a judge has made a finding of probable cause pursuant to section 805-7; or
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(4)
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The individual has been convicted as a repeat
offender of any misdemeanor specified in section 706-606.5(5) within three
years prior to the date of the request.
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(c)
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A Hawaii law enforcement agency shall limit
the information collected from individuals concerning immigration or
citizenship status to that information necessary to perform the duties of the
agency.
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(d)
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Nothing in this section shall prohibit a
Hawaii law enforcement agency from:
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(1)
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Sharing and receiving from any federal, state,
or county agency information regarding an individual's country of citizenship
or a statement of the individual's immigration status pursuant to title 8
United States Code section 1373;
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(2)
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Disclosing information where disclosure of
that information is otherwise required by state law or pursuant to subpoena or
court order; or
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(3)
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Disclosing information about an individual's
juvenile arrests or delinquency or youthful offender adjudications, where
disclosure of that information about the individual is otherwise required by
law or pursuant to subpoena or court order.
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Counties; stronger standards and protections.
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Nothing in this chapter shall be construed to
prohibit any county from establishing stronger standards and protections than
those provided by this chapter."
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SECTION 3.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Immigration;
Collaboration with Federal Government; Law Enforcement Agencies
Description:
Allows
state and county law enforcement agencies to collaborate with the federal
government for immigration purposes in only limited, specific circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.