STAND. COM. REP. NO. 335-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1839

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Economic Development & Technology, to which was referred H.B. No. 1839 entitled:

"A BILL FOR AN ACT RELATING TO IMMIGRATION,"

begs leave to report as follows:

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 civil immigration interview with United States Immigration and Customs Enforcement may commence;

(2) Designate all records relating to United States Immigration and Customs Enforcement access to a detained individual as public records; and

(3) Require state and county law enforcement agencies that provided access within the previous year to hold two public community forums annually.

Your Committee received testimony in support of this measure from the Office of the Public Defender; one member of the Hawaiʻi County Council; Marchante LLC dba Mercado de La Raza; NAACP; Pacific Gateway Center; League of Women Voters of Hawaii; Hawaiʻi Coalition for Immigrant Rights; American Civil Liberties Union; Pride at Work – Hawaiʻi; Public First Law Center; Hawaiʻi Alliance for Progressive Action; Democratic Party of Hawaiʻi; Fujiwara & Rosenbaum, LLLC; HULI PAC; Waipahu Safe Haven Immigrant/Migrant Resource Center; Chamber of Sustainable Commerce; American Civil Liberties Union of Hawaiʻi; Roots Reborn; and numerous individuals. Your Committee received testimony in opposition to this measure from the Hawaii Police Department; Kauaʻi Police Department; and four individuals. Your Committee received comments on this measure from the Office of Information Practices.

Your Committee finds that Hawaii's immigrant communities are an essential part of the State's social fabric and that strong constitutional and civil rights protections require clear procedures when state or county law enforcement interacts with federal immigration authorities. Your Committee further finds that ensuring transparency, informed consent, and community engagement will strengthen due process protections for individuals in custody and improve public trust in law enforcement practices.

Your Committee has amended this measure by:

(1) Clarifying that, for purposes of the written consent form, a law enforcement agency must explain the purpose of the interview if known and that accommodations shall be made for individuals who speak languages for which the Office of Language Access cannot provide translation;

(2) Requiring the logs of civil immigration interview requests to include the date and time of the interview;

(3) Authorizing the county prosecuting attorneys or an agency with separate enforcement authority to investigate complaints and issue findings and orders;

(4) Including detention facilities within the definition of "law enforcement agency";

(5) Changing the effective date to July 1, 3000, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Economic Development & Technology that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1839, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1839, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Economic Development & Technology,

____________________________

GREGGOR ILAGAN, Chair