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HB438
HOUSE OF REPRESENTATIVES
H.B. NO.
438
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to due process protections
.
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 Hawai
ʻ
i is home to a diverse
population, with a significant portion of its residents being immigrants or
individuals from mixed-status families.
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According to the United States Census Bureau, approximately eighteen per
cent of Hawaii's population is foreign-born.
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According to the American Immigration Council, nearly eight per cent of
Hawaii's population are United States-born residents living with at least one
immigrant parent.
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The
legislature further finds that many foreign-born residents face challenges
navigating complex immigration proceedings in immigration court without legal
representation.
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Language barriers,
financial constraints, and the lack of accessible legal resources exacerbate
these challenges.
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The
legislature also finds that individuals facing deportation or other
immigration-related proceedings in immigration court lack the right to
government-funded legal representation, leaving them to navigate complex legal
systems alone unless they retain costly counsel or other assistance on their
own.
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Unaccompanied minors and deferred
action for childhood arrivals (DACA) immigrants, which are the most vulnerable,
face immigration proceedings in immigration court often without representation.
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Studies have shown that individuals with
legal representation are significantly more likely to achieve favorable
outcomes in immigration proceedings in immigration court, including relief from
deportation or the ability to remain with their families.
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The
purpose of this Act is to establish a program to provide access to legal
representation for individuals in the State facing immigration-related
proceedings in immigration court, assuring due process and promoting family
unity, community stability, and economic security.
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SECTION
2.
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Chapter 601, Hawaii Revised Statutes,
is amended by adding a new part to be appropriately designated and to read as
follows:
"
Part .
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Due process in immigration proceedings
program
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601-
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Due process in immigration proceedings
program; establishment.
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(a)
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There is established the due process in
immigration proceedings program within the judiciary.
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The program shall be administered by the
judiciary.
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(b)
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The purpose of the due process in immigration
proceedings program shall be to provide legal representation to individuals
residing in the State who are facing immigration-related proceedings in
immigration court, regardless of their ability to pay.
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(c)
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The judiciary may contract with nonprofit
organizations, legal service providers, and other entities to implement the due
process in immigration proceedings program.
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601-
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Powers and duties.
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In the administration of the due process in
immigration proceedings program, judiciary shall:
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(1)
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Provide legal representation to individuals in
immigration-related proceedings in immigration court, including but not limited
to deportation defense, asylum applications, and other immigration relief
processes;
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(2)
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Prioritize services for individuals who are
detained, at risk of deportation, or otherwise vulnerable due to their
immigration status;
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(3)
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Partner with community-based organizations and
legal service providers to ensure culturally and linguistically appropriate
services;
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(4)
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Conduct outreach and education to inform
impacted communities about the availability of legal representation and related
resources; and
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(5)
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Collect and report data on the program's
outcomes, including the number of individuals served, types of cases handled,
length of time each case has been pending, and success rates, while maintaining
confidentiality and protecting sensitive information.
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601-
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Eligibility.
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The judiciary shall establish eligibility
criteria for the program, which shall include:
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(1)
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The individual is a resident of the State; and
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(2)
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The individual's income is at or below two
hundred fifty per cent of the federal poverty level for Hawaii; provided that
an exception may be made for individuals facing extraordinary circumstances.
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601-
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Annual report.
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(a)
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The judiciary shall submit an annual report to the legislature no later
than twenty days prior to the convening of each regular session.
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(b)
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The annual report shall include:
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(1)
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The number of individuals served by the due
process in immigration proceedings program;
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(2)
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The types of cases handled;
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(3)
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The outcomes of the cases;
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(4)
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The length of time each case has been pending;
and
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(5)
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Recommendations for improving access to legal
representation for individuals in immigration-related proceedings in
immigration court."
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SECTION 3.
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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 2025-2026 and the same
sum or so much thereof as may be necessary for fiscal year 2026-2027 for the
establishment and administration of the due process in immigration proceedings
program, including funding for legal service providers, outreach efforts, and
administrative costs.
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The sums
appropriated shall be expended by the
judiciary for the purposes of this Act.
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SECTION 4.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Filipino
Caucus; Due Process in Immigration Proceedings Program; Judiciary;
Appropriation
Description:
Establishes
the Due Process in Immigration Proceedings Program within the Judiciary to
provide legal representation to individuals in immigration-related proceedings
in immigration court.
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Appropriates
funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.