CONFERENCE COMMITTEE REP. NO. 187-26

 

Honolulu, Hawaii

                 , 2026

 

RE:    H.B. No. 1839

       H.D. 2

       S.D. 2

       C.D. 1

 

 

 

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Madam and Sir:

 

     Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1839, H.D. 2, S.D. 2, entitled:

 

"A BILL FOR AN ACT RELATING TO IMMIGRATION,"

 

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

 

     The purpose of this measure is to:

 

     (1)  Require state and county law enforcement agencies to notify an individual in custody of their rights before any 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 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 Committee on Conference has amended this measure by:

 

     (1)  Removing the requirement that the written consent form explain the purpose of the civil immigration interview, if known;

 

     (2)  Clarifying that all records relating to a federal immigration authority's access to a detained individual provided by a law enforcement agency are public, rather than government, records and that exemptions under the Uniform Information Practices Act shall not apply to those records;

 

     (3)  Removing the requirement that each law enforcement agency provide de-identified copies of records relating to a federal immigration authority's access to detained individuals to the Department of the Attorney General and removing related reporting requirements of the Attorney General;

 

     (4)  Removing the requirement that state and county law enforcement agencies that have provided federal immigration authorities with access to detained individuals hold public forums;

 

     (5)  Removing the requirement that the Department of the Attorney General develop and publish consent forms and model policies addressing requests from federal immigration authorities;

 

     (6)  Changing the effective date to upon approval; and

 

     (7)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1839, H.D. 2, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1839, H.D. 2, S.D. 2, C.D. 1.

 

Respectfully submitted on behalf of the managers:

 

ON THE PART OF THE SENATE

 

ON THE PART OF THE HOUSE

 

____________________________

CAROL FUKUNAGA

Chair

 

____________________________

GREGGOR ILAGAN

Co-Chair

____________________________

GLENN WAKAI

Co-Chair

 

____________________________

DAVID A. TARNAS

Co-Chair

____________________________

KARL RHOADS

Co-Chair

 

____________________________

IKAIKA HUSSEY

Co-Chair

____________________________

CHRIS LEE

Co-Chair