SB3322 HD2

SECTION 1. The legislature finds that, according to the American Immigration Council, Hawaii is home to approximately 258,000 immigrants, comprising eighteen per cent of the State's population. About thirty thousand of these foreign-born individuals are believed to be undocumented. The legislature recognizes 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 people throughout the world. Accordingly, it is necessary to establish clear policies and limits on federal immigration enforcement occurring within the State. This includes upholding due process and judicial oversight standards; restricting immigration enforcement activity from occurring in sensitive places such as schools, health care facilities, and places of worship; and prohibiting state law enforcement agencies and officers from engaging in certain immigration enforcement activities.

Accordingly, the purpose of this Act is to:

(1) Establish provisions limiting state and federal collaboration for purposes of immigration enforcement operations;

(2) Require state and county law enforcement agencies to establish and publicly post written policies regarding civil immigration enforcement;

(3) Prohibit law enforcement officers from initiating or prolonging a stop, detention, or arrest of a person for the purpose of determining the person's civil immigration status, except under certain circumstances;

(4) Prohibit state and county involvement in civil immigration enforcement activity in certain locations; and

(5) Require the department of law enforcement to assist state and county agencies in maintaining compliance with the civil immigration enforcement policy.

SECTION 2. 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 civil or criminal 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.

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

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

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

"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; constitutionally protected activity; immigration enforcement. (a) Except as provided by federal or state law, no state department or agency shall 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 the statutorily enumerated duties and authority of the federal authorities or federal law enforcement officers.

(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 participation in activities protected by the First Amendment of the United States Constitution or state constitution; or

(2) A penalty upon a person for purposes of federal immigration enforcement, including an immigration enforcement operation occurring at or near a school, early-learning site, institution of higher education, including a university of Hawaii campus, health care facility, emergency or domestic violence shelter, courthouse, or place of worship.

§ -3 Limitation on state deputization. A public employee or law enforcement officer shall not request assistance from a federal law enforcement officer for the enforcement of state laws regarding check points, screenings, or 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 federal authorities in checkpoints, screenings, or motor vehicle traffic stops conducted at the direction, or with the assistance, of a law enforcement agency or law enforcement officer.

(b) Any agreement under subsection (a) 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 collecting personal information or 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) Before 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.

§ -6 Safe harbor; good faith compliance. No public employee or law enforcement officer shall be subject to discipline, retaliation, or civil liability for an act or omission taken in good faith when attempting to comply with this chapter or when responding to perceived federal authority."

SECTION 3. Chapter 139, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . civil immigration enforcement

§139-A Civil immigration enforcement; written policy. (a) By July 1, 2027, each law enforcement agency shall establish and publicly post on its website a written policy regarding civil immigration enforcement in the State.

(b) The policy shall provide that:

(1) Civil immigration enforcement activity involving state or county participation or facilities shall proceed only on the basis of documented, reviewable legal authority that prioritizes due process and judicial oversight;

(2) Civil immigration enforcement activity involving state or county participation shall not be conducted at schools, early-learning sites, institutions of higher education, including university of Hawaii campuses, health care facilities, emergency or domestic violence shelters, courthouses, or places of worship, except in compliance with narrowly tailored procedures for unavoidable civil immigration actions;

(3) State and county agencies shall adopt clear limits on the collection, retention, and sharing of immigration‑related personal data except as required by law, and any interagency data exchanges shall operate under agreements;

(4) Each state or county agency shall periodically report and make publicly available aggregate data on civil immigration requests to or from the agency;

(5) Threats to report a person's immigration status, or the misuse of immigration-status verification, shall be treated as prohibited retaliation in workplaces and in the provision of public services pursuant to federal and state law; and

(6) When notified of United States Immigration and Customs Enforcement activity, each state and county law enforcement agency shall require any officer who is already present at the scene at the time of the notification to use a body-worn camera to monitor the United States Immigration and Customs Enforcement agents' interactions with the public.

§139-B Civil immigration status inquiries; documentation; limitations. (a) No law enforcement officer shall initiate or prolong a stop, detention, or arrest of a person for the purpose of determining the person's civil immigration status unless the officer has reasonable suspicion, based on specific and articulable facts, that the person is unlawfully present in the United States and the inquiry is otherwise authorized by state law and the agency's written policy.

(b) Reasonable suspicion under subsection (a) shall not be based solely on race, color, ethnicity, national origin, ancestry, language, accent, religion, manner of dress, presence in a particular location, or the exercise of rights protected by the United States Constitution."

SECTION 4. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353C- Restrictions on voluntary consent for entry relating to constitutionally protected activity and civil immigration enforcement; compliance assistance. (a) No state or county employee or agent shall provide voluntary consent permitting a law enforcement agent to enter a nonpublic area of a school, early learning site, institution of higher education, including a university of Hawaii campus, health care facility, emergency or domestic violence shelter, courthouse, or place of worship for the purpose, or in furtherance, of an operation executed in whole or part by federal authorities or out-of-state authorities that seeks to:

(1) Identify or impose civil or criminal liability upon a person or entity based on their participation in activities protected by the First Amendment of the United States Constitution or state constitution; or

(2) Identify, arrest, or otherwise impose a penalty upon a person for purposes of federal immigration enforcement, including an immigration enforcement operation.

(b) The department shall assist state and county agencies in maintaining compliance with this section and the civil immigration enforcement policy provisions under section 139-A(b)(1) and (2).

(c) This section shall not prevent compliance with a valid judicial warrant authorizing entry or entry under exigent circumstances."

SECTION 5. Chapter 139, Hawaii Revised Statutes, is amended by designating sections 139-1 to 139-13 as part I, entitled "General Provisions".

SECTION 6. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 3000.

THE SENATE	S.B. NO.	3322
THIRTY-THIRD LEGISLATURE, 2026		S.D. 2
STATE OF HAWAII		H.D. 2