HB1870 HD1

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 In January 2025, the United States Department of Homeland Security rescinded prior guidance protecting "sensitive" or "protected" areas, creating uncertainty and chilling access to critical services.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, officers, employees, contractors, 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 or county agency to hold an individual for civil immigration enforcement purposes in state or county 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 facility operated by the State or a county.

"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 who is performing their official duties.

"State contractor" means any person, business, nonprofit organization, or other entity that enters into a contract, grant, agreement, or other arrangement, in excess of $1,000,000 per year, to provide goods or services on behalf of, or for the benefit of, a state agency.

§ -2 No assistance with civil immigration enforcement in protected community locations. (a) A state actor or state contractor 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 or state contractor shall not:

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

(2) Collect personal or identifying information 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 or state contractor 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 and state contractor 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 January 1, 2027, all state and county agencies that operate protected community locations shall adopt and post written policies that:

(1) Identify nonpublic areas;

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

(3) Prohibit the collection 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.

(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 and state contractors 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 or state contractor may disclose personal information to federal immigration authorities only pursuant to a judicial warrant, subpoena, or court order that specifically requires disclosure.

§ -6 Enforcement; complaints; investigation. The attorney general shall adopt policies and procedures to receive complaints, investigate alleged violations, and issue findings and penalties.

§ -7 Construction; federal law. 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, state contractors, and individuals providing state-funded services."

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. New statutory material is underscored.

SECTION 11. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1870
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII