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HB457
HOUSE OF REPRESENTATIVES
H.B. NO.
457
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to civil rights 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 according to the
American Immigration Council, Hawaii is home to 254,300 immigrants, including 50,500
undocumented immigrants.
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The State is
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
Hawaii is proud of its strong civil rights record.
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Article I, section 5 of the Hawaii State Constitution
states that no person shall be denied the equal protection of the laws, nor be
denied the enjoyment of the person's civil rights or be discriminated against
in the exercise thereof because of race, religion, sex, or ancestry.
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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,
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 federal immigration agencies.
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Rather, federal law 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 further finds it is
essential to ensure that immigrants and migrants in the custody of state and
local law enforcement are provided appropriate due process and civil rights
protections.
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Accordingly, the purpose of this Act
is to require state and local law enforcement agencies to notify an individual
of their rights when in Hawaii law enforcement agency custody before any
interview with United States Immigration and Customs Enforcement on certain
matters regarding civil immigration violations.
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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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Due
process; immigration matters.
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(a)
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Before any interview between a person in custody of a law enforcement
agency and the United States
Immigration
and
Customs
Enforcement regarding
immigration violations, the law enforcement agency shall provide a written
consent form that is available in the languages that the office of language
access provides translations for.
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The
written consent form shall:
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(1)
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Explain the purpose
of the interview;
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(2)
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State that the
interview is voluntary; and
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(3)
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Inform the
person that they may have their attorney present for the interview.
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(b)
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Upon receiving a hold, notification, or
transfer request of an individual from the
United States
Immigration
and
Customs
Enforcement
,
the law enforcement agency shall provide a copy of the request to the person in
custody and inform the person 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 agency
with notification
that the person in custody will be released on a certain date, the law enforcement
agency shall provide the same notification in writing to the person in custody
and to their attorney and one additional person designated by the person in
custody within two business days.
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(c)
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Records relating to United States Immigration
and Customs Enforcement access provided by a law enforcement agency, including
all communication, shall be public record.
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Records shall include:
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(1)
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Data maintained
by the law enforcement agency regarding the number and demographic
characteristics of individuals to whom the agency has provided United States Immigration
and Customs Enforcement access;
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(2)
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The date access
was provided; and
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(3)
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Whether the
access was provided through a hold, transfer, notification request, or other
means.
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(d)
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The department shall hold at least two
community forums to provide information to the public about United States Immigration
and Customs Enforcement's access to individuals in their custody and to receive
and consider public comment.
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(e)
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As used in this section, "law
enforcement agency" means any county police department, the department of
law enforcement, and any state or county public body that employs law
enforcement officers.
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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;
Department of Law Enforcement; Due Process
Description:
Requires state and local law enforcement agencies to
notify an individual of their rights when in law enforcement agency custody before
any interview with United States Immigration and Customs Enforcement on certain
matters regarding immigration violations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.