HB1839 HD2

SECTION 1. The legislature finds that, according to the American Immigration Council, Hawaii is home to approximately 258,800 immigrants, including 29,900 undocumented immigrants. The legislature further finds that the State is justifiably proud of its rich immigrant heritage, which is reflected in a valued tapestry of races, ancestral groups, religions, cultures, and languages from many parts of the world.

The legislature further finds that the State is also proud of its strong civil rights record. Article I, section 5, of the Hawaii State Constitution affirmatively states that no person shall be denied the equal protection of the laws or the enjoyment of the person's civil rights or be discriminated against in the exercise of these rights because of race or ancestry.

The legislature notes that while immigration is a federal responsibility, state and local agencies have significant discretion regarding whether and how to respond to requests for assistance from federal immigration enforcement. The enforcement of immigration law is carried out by federal immigration authorities, including the United States Immigration and Customs Enforcement and United States Customs and Border Protection, both of which are agencies of the Department of Homeland Security. Federal law does not require state and local entities to collect or share information with the United States Immigration and Customs Enforcement and United States Customs and Border Protection. Rather, federal law, under title 8 United States Code section 1373, 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. 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.

The legislature also finds that because the State is home to residents of diverse ethnic, racial, and national backgrounds, including immigrants who are valuable and important members of local communities, and because of the State's strong due process and civil rights protections for all, it is essential to ensure that immigrants and migrants in state and county law enforcement custody are provided due process and civil rights protections.

Accordingly, the purpose of this Act is to:

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

(2) Designate all records relating to federal immigration authorities access to a detained individual provided by a state or county law enforcement agency as public 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.

SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353C- Immigration; civil immigration interviews; due process and transparency; requirements. (a) Before any civil immigration interview between a federal immigration authority and an individual in law enforcement agency custody regarding civil immigration violations may commence, the law enforcement agency shall provide the individual with a written consent form that:

(1) Explains:

(A) The rights afforded under the Fifth Amendment of the United States Constitution, including the right to remain silent and the right to an attorney;

(B) The purpose of the interview, if known by the law enforcement agency;

(D) The individual may either:

(i) Decline to be interviewed; or

(ii) Choose to be interviewed only with the individual's attorney present; and

(2) Clearly provides a space for the individual to indicate that they:

(A) Consent to the interview;

(B) Consent to the interview with the individual's attorney present; or

(b) The written consent form required under subsection (a) shall be provided at no cost and shall be available in the languages that the office of language access provides translations for, including but not limited to:

(1) Chinese Mandarin or Cantonese;

(2) Chuukese;

(3) English;

(4) Ilokano;

(5) Japanese;

(6) Korean;

(7) Olelo Hawaii;

(8) Marshallese;

(9) Samoan;

(10) Spanish;

(11) Tagalog;

(12) Thai;

(13) Vietnamese; and

(14) Visayan;

provided that other accommodations shall be made for individuals who speak languages that the office of language access cannot provide translation.

The law enforcement agency shall provide the individual, the individual's attorney, or the individual's designated representative with a copy of the signed written consent form and retain a copy of each written consent form.

(c) Upon request, a law enforcement agency shall provide the individual with reasonable access to a telephone and a reasonable opportunity to consult with the individual's attorney before any civil immigration interview; provided that juveniles in law enforcement agency custody shall also have a reasonable opportunity to contact a parent, guardian, or legal custodian.

(d) Law enforcement agencies shall log each civil immigration interview request, including the following:

(1) Date and time of the civil immigration interview request;

(2) Whether the written consent form under subsection (a) was provided to the individual;

(3) The language used in the written consent form;

(4) Whether consent was given to a civil immigration interview;

(5) If consent was given, whether counsel was present at the interview; and

(6) If consent was given, the date and time of the civil immigration interview.

(e) Upon receiving any immigration hold, notification, or transfer request from a federal immigration authority, a law enforcement agency shall provide a copy of the request to the individual and inform the individual whether the law enforcement agency intends to comply with the request. If a law enforcement agency provides a federal immigration authority with notification that an individual is being, or will be, released on a certain date, the law enforcement agency shall promptly provide the same notification in writing within two business days to the individual and the individual's attorney or the individual's designated representative.

(f) All records relating to a federal immigration authority's access to a detained individual provided by a law enforcement agency, including all communication with the federal immigration authority, shall be public records for purposes of chapter 92F, and the exemptions provided in chapter 92F shall not apply; provided that personal identifying information of a detained individual shall be redacted before public disclosure pursuant to section 92F-13(1). Records relating to federal immigration authority access to a detained individual shall include but not be limited to:

(1) Logs maintained by the law enforcement agency pursuant to subsection (d);

(2) The date the federal immigration authority was provided the access; and

(3) Whether the federal immigration authority's access was provided through an immigration hold, notification request, or transfer, or other means.

(g) Each law enforcement agency shall provide de-identified copies of the records maintained pursuant to subsection (f) to the department of the attorney general on a quarterly basis. The attorney general shall submit a report to the legislature no later than twenty days prior to the convening of each regular session that summarizes the requests for access to detained individuals by federal immigration authorities and the outcomes of those requests, aggregated by county.

(h) The director, if a state law enforcement agency, or chief of police, if a county law enforcement agency, that has provided the federal immigration authorities access to a detained individual during the previous year shall hold at least two community forums during the following year. The community forums shall be open to the public and shall provide information to the public about federal immigration authorities' access to detained individuals and offer an opportunity to receive and consider public comment. As part of the forums, the law enforcement agency shall provide the director or chief of police with:

(1) Data it maintains regarding the number and demographic characteristics of detained individuals to whom the law enforcement agency has provided federal immigration authorities access;

(2) The date the federal immigration authority was provided the access; and

(3) Whether the federal immigration authority was provided access through an immigration hold, notification request, or transfer, or other means.

The law enforcement agency shall provide the information under paragraphs (1) to (3) to the director or chief of police in the form of statistics; provided that if statistics are not maintained, then the law enforcement agency shall provide the director or chief of police with individual records; provided further that personal identifying information of a detained individual shall be redacted.

(i) No later than December 31, 2026, the department of the attorney general shall develop and publish consent forms that meet the requirements of subsection (a) and model policies addressing requests from federal immigration authorities for access to a detained individual for law enforcement agencies to adopt.

(j) The department of the attorney general, the county prosecuting attorneys, or an agency with separate enforcement authority may receive and investigate complaints of violations of this section and issue findings and corrective orders.

(k) Any person who is or was in custody and aggrieved by a violation of this section may bring an action seeking injunctive or declaratory relief and reasonable attorney's fees against a law enforcement agency that has violated the requirements of subsection (a) or (b).

(l) For the purposes of this section:

"Civil immigration interview" means any interview by federal immigration authorities concerning civil immigration matters of a person in the custody of a law enforcement agency.

"Federal immigration authority" means the United States Immigration and Customs Enforcement, the United States Customs and Border Protection, or any other federal agency or component authorized to conduct civil immigration enforcement or interviews under federal law.

"Immigration hold" means an immigration detainer issued pursuant to title 8 Code of Federal Regulations section 287.7, or any similar request from federal immigration authorities for detention of an individual suspected of violating civil immigration law.

"Law enforcement agency" means any agency of the State or any of its political subdivisions, or any officer or individual of those agencies, that is authorized to enforce criminal laws; operate correctional, detention, or juvenile detention facilities; or maintain custody of individuals in correctional, detention, or juvenile detention facilities. "Law enforcement agency" does not include any federal agency or its political subdivisions, or any officer or individual of those agencies."

SECTION 3. New statutory material is underscored.

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

HOUSE OF REPRESENTATIVES	H.B. NO.	1839
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII