STAND. COM. REP. NO. 3186

Honolulu, Hawaii

RE: H.B. No. 1870

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committees on Public Safety and Military Affairs and Government Operations, to which was referred H.B. No. 1870, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PROTECTED COMMUNITY LOCATIONS,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish statewide standards for state and county agencies, officers, employees, and contractors, to limit participation in civil immigration enforcement in or near protected community locations;

(2) By January 1, 2027, require all state and county agencies that operate protected community locations to adopt and post written policies, provide annual staff training, and maintain data privacy protections; and

(3) Appropriate funds for implementation by the Attorney General.

Your Committees received testimony in support of this measure from the Board of Education; Hawaiʻi State Public Library System; Hawaii State Commission on the Status of Women; Healthcare Association of Hawaii; University of Hawaii Professional Assembly; Roots Reborn; Kona Indivisible; Hawaiʻi Alliance of Nonprofit Organizations; Imua Alliance; Faith Action for Community Equity; Hawaiʻi Children's Action Network Speaks!; Community Alliance on Prisons; The Legal Clinic; Hawaiʻi Coalition for Immigrant Rights; American College of Obstetricians and Gynecologists District VIII, Hawaiʻi Section; ACLU Hawaiʻi; and fifty-nine individuals.

Your Committees received testimony in opposition to this measure from one individual.

Your Committees received comments on this measure from the Department of Education and University of Hawaiʻi System.

Your Committees find that under the current federal administration, federal immigration agents regularly conduct activities in and around sensitive locations throughout the country, including schools, libraries, health care facilities, and shelters. These activities, when conducted in the vicinity of sensitive locations, have significant adverse effects on teachers, staff, students, providers, patients, patrons, and vulnerable populations. It is essential for these individuals to access educational and health care services and fully participate in civic life without disruption by federal agents. By establishing statewide standards that limit participation in certain immigration enforcement activities, this measure ensures that the State's residents are free from unreasonable interference in their daily lives.

Your Committees have amended this measure by:

(1) Inserting a savings clause; and

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

Your Committees note the concerns expressed by the University of Hawaiʻi System that this measure may conflict with its obligations to comply with federal employment laws and laws controlling non-immigrant visas for students and visitors. Specifically, certain federal compliance activities, such as responding to an I-9 audit, participating in E-Verify where applicable, providing documentation for H-1B petitions, or maintaining and reporting personally identifiable information for F-1 and J-1 visa holders through the Student and Exchange Visitor Information System (SEVIS), could be in violation of this measure's requirements. Your Committees also note the concerns of the Department of Education that the one thousand foot buffer established by this measure may include areas such as streets, sidewalks, and other public spaces that are beyond the control or jurisdiction of the Department. Accordingly, your Committees respectfully request that subsequent Committees to which this measure is referred consider these issues.

As affirmed by the records of votes of the members of your Committees on Public Safety and Military Affairs and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1870, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1870, H.D. 2, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Military Affairs and Government Operations,

________________________________ ANGUS L.K. MCKELVEY, Chair

________________________________ CAROL FUKUNAGA, Chair