HB1886

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

state and federal collaboration

§ -1 Definitions. As used in this chapter:

"Federal authorities" means any federal agency or department.

"Federal law enforcement officer" means any employee of the United States government authorized to arrest a person for criminal or civil violations of federal law and who is authorized to carry a firearm in the performance of their official duties

"Immigration enforcement operation" means any operation that has as its main objective the identification or apprehension of a person or persons for purposes of civil immigration detention, removal or deportation proceedings, or criminal prosecution for offenses related to immigration status.

"Legal assistance" means legal advice or representation provided by an attorney or an individual under the direct supervision of an attorney.

"Law enforcement agency" has the same meaning as in section 139-1.

"Law enforcement officer" has the same meaning as in section 139-1.

"Personal information" means any information that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual, or a device that identifies or is linked or reasonably linkable to an individual, including geolocation.

"Public employee" means any nominated, appointed, or elected officer or employee of the State or any county, including the political subdivisions and agencies thereof, any employee under contract with the State or any county, and any probationary or provisional employee of the State or county.

§ -2 Limitation on state and federal collaboration; immigration enforcement. (a) Except as provided by federal or state law, no state department or agency may use funds appropriated by the legislature or state public funds to assist or facilitate federal authorities or federal law enforcement officers in conduct that exceeds their statutorily enumerated duties and authority.

(b) Except as required by federal or state law, no public employee acting in their official capacity shall assist or cooperate with, or allow any time, money, facilities, property, equipment, personnel or other resources to be used to assist, cooperate with, or facilitate any operation executed in whole or part by federal authorities or out-of-state authorities that seeks to identify, arrest, or otherwise impose:

(1) A penalty or civil or criminal liability upon a person or entity based on their engagement in activities protected by the United States Constitution or the Hawaii Constitution regarding assembly, petitioning, and speech; and

(2) A penalty upon a person for purposes of federal immigration enforcement, including an immigration enforcement operation occurring at or near a school, health facility, place of worship, or courthouse.

§ -3 Limitation on state deputization. A public employee or law enforcement officer may not request assistance from a federal law enforcement officer for the enforcement of state laws regarding check points or screenings and motor vehicle traffic stops.

§ -4 Agreements for criminal law enforcement. (a) If a law enforcement agency enters into an agreement with federal authorities for the purpose of criminal law enforcement, the agreement shall be in writing and shall not authorize the participation of federal law enforcement officers or law enforcement authorities in checkpoints, screenings, or motor vehicle traffic stops conducted at the direction of or with the assistance of a law enforcement agency or law enforcement officer.

(b) Any agreement shall not exceed two years and shall include a requirement for the training of involved federal law enforcement officers on state constitutional and statutory civil rights protections. Any agreement shall be subject to review and approval by the attorney general.

§ -5 Task force; prohibition. (a) No public employee, law enforcement agency, or law enforcement officer shall take part in or seek to enter an agreement with federal authorities or out-of-state authorities for the purposes of sharing personal information, providing assistance with surveillance, investigations, or prosecution or an immigration enforcement operation, including a joint federal-state operation such as a federal Department of Homeland Security task force, fusion center, or joint terrorism task force, if the public employee, law enforcement agency, or law enforcement officer has reason to believe the agreement would result in:

(1) Conduct that amounts to a violation of individual liberties and rights guaranteed under the United States Constitution or Hawaii State Constitution, including racial profiling, unlawful surveillance or investigation, excessive use of force, or unlawful detention;

(2) Conduct that seeks to identify, apprehend, arrest, or impose civil or criminal liability or other penalties upon a person or entity for:

(A) Engaging in protected activities including assembly, petitioning, and speech;

(B) The provision of humanitarian assistance, legal assistance, or other aid to benefit an individual;

(D) Offenses related to immigration status; or

(E) Nonfederal misdemeanors and violations, including motor vehicle offenses and traffic violations; or

(3) An attempt to obtain data from a law enforcement agency, conduct surveillance, or investigate domestic terrorism and organized political violence in furtherance of the objectives of National Security Presidential Memorandum-7.

(b) Prior to the renewal or establishment of a new agreement, the law enforcement agency shall seek and receive written approval from the attorney general that the agreement is in compliance with applicable state laws."

SECTION 2. Chapter 139, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§139- Identification requirements; face coverings. (a) No law enforcement officer or federal law enforcement officer shall intentionally obscure or conceal the officer's identity while engaged in any official duty or public interaction by wearing a mask, face covering, or other article that covers or obscures the face in a manner that prevents or interferes with the identification of the officer.

(b) Every law enforcement officer and federal law enforcement officer engaging in official duties in a public setting shall display a visible form of identification on the outermost garment of the officer's uniform. The identification shall include the officer's name, agency, and unique badge number.

(1) Establish and maintain written policies that are available to the public to ensure compliance with this section; and

(2) Ensure that all law enforcement officers receive training on the requirements of this section.

(d) Law enforcement agencies shall provide identification numbers or badges in a manner consistent with law enforcement officer safety; provided that the identifying information remains visible and usable to members of the public during any public interaction.

(e) Subsections (a) and (b) shall not apply:

(1) In situations where a law enforcement officer or federal law enforcement officer is engaged in an active tactical operation, including special weapons and tactics team responses or high‑risk warrant service, where facial coverings are necessary for ballistic, respiratory, or operational safety;

(2) When the law enforcement officer or federal law enforcement officer is operating in an undercover capacity and disclosure of identity would jeopardize the safety of the officer or the integrity of the operation; or

(3) When the use of protective equipment is required due to hazardous environmental conditions, including smoke, debris, biohazards, or other conditions where respiratory or facial protection is necessary.

(f) As used in this section, "federal law enforcement officer" has the same meaning as in section -1."

SECTION 3. Section 803-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) A police officer or other officer of justice, may, without warrant, arrest and detain for examination any person when the officer has probable cause to believe that such person has committed any offense, whether in the officer's presence or otherwise[.]; provided that for purposes of this section, any person employed by a federal law enforcement agency shall be deemed to have acted in their personal capacity."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2026.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1886
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII