STAND. COM. REP. NO. 3776

Honolulu, Hawaii

RE: H.B. No. 1839

H.D. 2

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 1839, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO IMMIGRATION,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Require state and county law enforcement agencies to notify an individual in the custody of a state or county law enforcement agency of their rights before commencing any interview with federal immigration authorities pertaining to certain matters regarding civil immigration violations;

(2) Designate all records relating to federal immigration authorities access to detained individuals provided by a state or local law enforcement agency as government records; and

(3) Require state and county law enforcement agencies that have provided federal immigration authorities access to a detained individual within the previous year to hold two public forums per year.

Your Committees received testimony in support of this measure from the Office of the Public Defender, one member of the Hawaii County Council, Public First Law Center, Kona Indivisible, Hawaii Filipino Lawyers Association, Hawaiʻi Coalition for Immigrant Rights, Roots Reborn, UNITE HERE! Local 5, The Legal Clinic, and thirty-six individuals.

Your Committees received comments on this measure from the Hawaii Police Department.

Your Committees find that civil immigration interviews can initiate removal proceedings, trigger prolonged detention, and permanently alter a person's immigration case. However, many individuals held in law enforcement custody do not know they can refuse a civil immigration interview, or that what they say can be used against them in removal proceedings. Your Committees believe that, without a rights notice and affirmative consent requirement, participation in these interviews is not truly voluntary. This measure will ensure that informed consent is the minimum standard before any civil immigration interview can begin.

Your Committees have amended this measure by inserting an effective date of March 22, 2075, to encourage further discussion.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1839, H.D. 2, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1839, H.D. 2, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ KARL RHOADS, Chair