HB1768 HD1

SECTION 1. The legislature finds that the State is committed to ensuring that all residents of Hawaii are treated equally notwithstanding race, religion, national origin, disability status, sexual orientation, gender, or immigration status.

The legislature further finds that all residents of the State are entitled to live in dignity and without fear. The legislature also finds that immigrants are valuable and essential members of the community and should be able to live full and productive lives without fear of the government.

Furthermore, the legislature finds that a relationship of trust between this State's immigrant community and state and county agencies is central to the public safety of the people of Hawaii. This trust is threatened when state and county agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear going to court, seeking basic health or other services, or pursuing education to the detriment of public safety and the well-being of all residents.

Therefore, the purpose of this Act is to prohibit:

(1) Any state or county law enforcement agency or law enforcement official from entering into an agreement under title 8 United States Code section 1357(g) or any other federal law that permits state or county agencies to engage in immigration enforcement; and

(2) State and county law enforcement agencies and law enforcement officials from engaging in certain immigration-related actions, except under limited circumstances.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

IMMIGRATION ENFORCEMENT; PROHIBITIONS

§ -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:

"County" includes the city and county of Honolulu, county of Hawaii, county of Kauai, and county of Maui.

"Federal immigration authority" means any federal officer, employee, or person performing immigration enforcement functions.

"Hold request" means a request by any federal immigration authority that a state or county law enforcement agency maintain custody of an individual currently in its custody beyond the time the individual would otherwise be eligible for release in order to facilitate transfer to the federal immigration authority.

"Immigration enforcement" includes any effort to investigate, enforce, or assist in the investigation or enforcement of:

(1) Any federal civil immigration law; or

(2) Any federal criminal immigration law that penalizes a person's presence in, entry into, reentry into, or employment in the United States, including but not limited to violations of title 8 United States Codes sections 1253, 1304, 1306(a) and (b), 1325, or 1326.

"Law enforcement agency" means any agency in the State charged with enforcing state or county laws or ordinances, operating correctional facilities or juvenile detention facilities, or maintaining custody of individuals in correctional facilities or juvenile detention facilities.

"Law enforcement official" means an officer or agent of a law enforcement agency.

§ -2 Immigration enforcement agreements; prohibited. No law enforcement agency or law enforcement official shall enter into an agreement under title 8 United States Code section 1357(g) or any other federal law that permits state or county agencies to engage in immigration enforcement.

§ -3 Prohibited actions by law enforcement agencies or law enforcement officials. No law enforcement agency or law enforcement official shall:

(1) Inquire about the citizenship or immigration status of an individual, except as required by law or if there is a connection between such information and an investigation into a violation of state or county criminal law;

(2) Provide information pursuant to notification requests from federal immigration authorities for the purposes of immigration enforcement, except as required by law;

(3) Provide non-publicly available personal information to federal immigration authorities about an individual in a noncriminal matter, except as required by law;

(4) Allow federal immigration authorities access to interview individuals about federal immigration violations while the individuals are in custody, except as required by law or by court order, unless the individuals consent in writing to be interviewed;

(5) Detain an individual on the basis of a hold request;

(6) Provide information regarding an individual's release date to federal immigration authorities; or

(7) Transfer an individual to federal immigration authorities, unless authorized by a judicial warrant or judicial determination of probable cause."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1768
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII