HB1870

SECTION 1. 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. In January 2025, the United States Department of Homeland Security rescinded prior guidance protecting "sensitive" or "protected" areas, creating uncertainty and chilling access to critical services.

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.

SECTION 2. 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

§ -1 Definitions. As used in this chapter:

"Civil immigration enforcement" means actions to investigate, apprehend, detain, or remove a person for alleged violations of federal civil immigration law.

"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.

"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.

"Judicial warrant" means a warrant issued by a federal or state judge based on probable cause. "Judicial warrant" does not include an administrative warrant issued by an executive branch agency, or immigration detainer.

"Nonpublic area" means any area of a facility that is not open to the general public.

"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:

(1) 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;

(2) Health care facilities and clinics, including public hospitals, community health centers, emergency rooms, and vaccination or testing sites;

(3) Libraries, shelters, food banks or food pantries, and other state-funded social service locations; and

(4) Portions of places of worship that are used to provide state-funded services.

"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.

"State actor" means any state or county agency, officer, or employee, or any recipient of state funds, when providing state-funded services.

§ -2 No assistance with civil immigration enforcement in protected community locations. (a) 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).

(b) A state actor shall not:

(1) Provide access to nonpublic areas of a protected community location for civil immigration enforcement purposes;

(2) 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

(3) Facilitate interviews or surveillance for civil immigration enforcement purposes;

unless required by federal or state law or pursuant to a judicial warrant.

(1) Responding to an imminent threat to life or safety;

(2) Executing a judicial warrant or court order; or

(3) Performing duties unrelated to civil immigration enforcement, including fire code, building safety, or public health inspections.

§ -3 Law enforcement requests; judicial warrants; reporting. (a) A state actor working at a protected community location shall refer any law enforcement request relating to immigration to the designated administrator or counsel.

(b) 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.

(c) 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.

§ -4 Policies, training, and signage. (a) 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:

(1) Identify nonpublic areas;

(2) Establish procedures for warrant verification and staff response;

(3) Prohibit the collection or disclosure of immigration-status data unless required by law;

(4) Require annual staff training; and

(5) Require multilingual notices stating that services are provided regardless of immigration status and outlining warrant requirements.

(b) 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.

§ -5 Data privacy and records. (a) 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.

(b) 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.

§ -6 Enforcement; civil penalty; private right of action; retaliation prohibited. (a) The attorney general shall receive complaints, investigate alleged violations, and issue findings and corrective orders.

(b) 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. 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.

(d) Retaliation against complainants, witnesses, or state actors who refuse to provide unlawful assistance shall be prohibited.

§ -7 Construction; federal law. (a) Nothing in this chapter shall obstruct federal officers acting within their lawful authority. This chapter shall be construed to regulate only the conduct of state actors and individuals providing state-funded services.

(b) The rescission of federal immigration enforcement policies regarding protected areas shall not diminish the safeguards established in this chapter."

SECTION 3. Chapter 127A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§127A- Protected community locations; compliance. 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."

SECTION 4. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A- Protected community locations; compliance. 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."

SECTION 5. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302D- Protected community locations; compliance. 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."

SECTION 6. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§304A- Protected community locations; compliance. 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."

SECTION 7. Chapter 312, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§312- Protected community locations; compliance. 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."

SECTION 8. Chapter 323F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§323F- Protected community locations; compliance. 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."

SECTION 9. 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.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 10. 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:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1870
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII