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HB440
HOUSE OF REPRESENTATIVES
H.B. NO.
440
THIRTY-THIRD LEGISLATURE, 2025
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 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 further finds that approximately seven per cent of Hawaii public
school students have at least one parent who is an undocumented immigrant.
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Education is critically important to the
proper acculturation and adaptation to living in Hawaii and the United
States.
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Schools should be a safe and
secure location for students to learn and grow.
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The
legislature also finds that the Hawaii health systems corporation is the safety
net for acute care on the neighbor islands and long-term care throughout the
State.
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As a safety net system of
hospitals and providers, the Hawaii health systems corporation provides
services regardless of whether an individual has health insurance or the
ability to pay.
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The Hawaii health
systems corporation operates eight hundred and forty-seven licensed beds in
facilities located on four different islands and is affiliated with three
nonprofits on Oahu, Maui, and Hawaii island and plays a critical role in
supporting the health care needs of the State's immigrant population.
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The
legislature additionally finds that while immigration is a federal function,
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 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 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 further 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, and because of Hawaii's strong due
process and civil rights protections for all, it is essential to ensure that
immigrants and migrants are provided due process and civil rights protections
in the State's public schools and while receiving care in the State's safety
net health care facilities.
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Accordingly,
the purpose of this Act is to prohibit
certain covered
educational entities and Hawaii health systems corporation facilities from
collecting information regarding citizenship or immigration status or allowing
officers of Immigration and Customs Enforcement to enter certain facilities except
under 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
Due Process Immigration status protections in
certain educational and health facilities
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Definitions.
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As used in this chapter:
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"Affiliated
facility" means an affiliate of the Hawaii health systems corporation.
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"Charter
school" has the same meaning as in section 302D-1.
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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
detention of an individual suspected of violating civil immigration law.
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"Complex
area superintendent" has the same meaning as in section 302A-101.
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"Covered
educational entity" means department of education facilities, department
schools, and charter schools.
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"Customs
and Boarder Protection" means United States Customs and Border Protection,
a component of the United States Department of Homeland Security.
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"Department
school" has the same meaning as in section 302A-101.
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"Hawaii
health systems corporation facility" means any facility owned or operated
by the Hawaii health systems corporation or any of its regional system boards
or an affiliated facility.
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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.
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"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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"Superintendent"
has the same meaning as in section 302A-101.
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Due process in covered educational entity facilities.
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(a)
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Except
as required by federal or state law or judicial warrant or as required to
administer a federally or state supported educational program, school officials
and employees of a covered educational entity shall not:
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(1)
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Collect information or documents regarding
citizenship or immigration status of pupils or their family members; or
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(2)
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Allow an officer or employee of Immigration
and Customs Enforcement to enter a covered educational entity facility for any
purpose without providing valid identification, a written statement of purpose,
and a valid judicial warrant, and receiving approval from the superintendent or
the superintendent's designee, complex area superintendent or the complex area
superintendent's designee, and principal of the department school or charter
school or principal's designee.
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(b)
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If an officer or employee of Immigration and
Customs Enforcement meets the requirements provided in subsection (a), the
covered educational entity shall limit access to facilities where pupils are
not present.
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(c)
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The superintendent or the superintendent's
designee, complex area superintendent or the complex area superintendent's
designee, and principal of the department school or charter school or the
principal's designee shall immediately report to the board of education or
public charter school commission, as applicable, any requests for information
or access to a covered educational entity by Immigration and Customs
Enforcement for the purpose of enforcing immigration laws, including but not limited
to civil immigration detainers, civil immigration warrants, or immigration
holds, in a manner that ensures the confidentiality of any potentially
identifying information.
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(d)
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The covered educational entity shall:
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(1)
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Provide information to parents and guardians,
as appropriate, regarding their child's right to a free public education,
regardless of immigration status; and
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(2)
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Educate pupils about the negative impact of
bullying other pupils based on their actual or perceived immigration status.
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(e)
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This section shall not prohibit the board of education,
the public charter school commission, or a covered educational entity from
establishing additional standards and protections.
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Due process in Hawaii health systems
corporation facilities.
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(a)
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Except as required by federal or state law or
judicial warrant, officials and employees of a Hawaii health systems
corporation facility shall not:
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(1)
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Collect information or documents regarding
citizenship or immigration status of patients and visitors; or
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(2)
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Allow an officer or employee of Immigration
and Customs Enforcement to enter a facility for any purpose without providing
valid identification, a written statement of purpose, and a valid judicial
warrant, and receiving approval from the president and chief executive officer
of the Hawaii health systems corporation or the president and chief executive
officer's designee; the regional chief executive officer of the respective Hawaii
health systems corporation regional board or the chief administrator of an affiliated
facility, as applicable, or their designee; and the attending physician, as
applicable.
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(b)
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If an officer or employee of Immigration and
Customs Enforcement meets the requirements provided in subsection (a), the Hawaii
health systems corporation facility shall limit access to areas where patients
are not present.
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(c)
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The president and chief executive officer of
the Hawaii health systems corporation or the president and chief executive
officer's designee; the regional chief executive officer of the respective
Hawaii health systems corporation regional board or the chief administrator of
an affiliated facility, as applicable, or their designee; and the attending
physician shall immediately report to the board of directors of the Hawaii health
systems corporation any requests for information or access to a Hawaii health
systems corporation facility by Immigration and Customs Enforcement for the
purpose of enforcing immigration laws, including but not limited to civil
immigration detainers, civil immigration warrants, or immigration holds, in a
manner that ensures the confidentiality and privacy of any potentially
identifying information.
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(d)
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This section shall not prohibit the Hawaii health
systems corporation or any of its regional system boards or an affiliated
facility from establishing additional standards and protections."
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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:
Filipino
Caucus; Immigration Status; Citizenship Status; Due Process; Immigration and
Customs Enforcement; Public Schools; Charter Schools; Hawaii Health Systems
Corporation
Description:
Prohibits
certain covered educational entities and Hawaii Health Systems Corporation
facilities from collecting information regarding citizenship or immigration
status or allowing officers of Immigration and Customs Enforcement to enter
certain facilities, except under 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.