STAND. COM. REP. NO. 426-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1886

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. 1886 entitled:

"A BILL FOR AN ACT RELATING TO GOVERNMENT OPERATIONS,"

begs leave to report as follows:

The purpose of this measure is to:

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

(2) Establish identification and facial covering standards for state and federal law enforcement officers; and

(3) Specifies that when federal law enforcement officers arrest a person without a warrant, it is done so in their personal capacity.

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; Roots Reborn; Hawaiʻi Coalition for Immigrant Rights; University of Hawaii Professional Assembly; American Civil Liberties Union; Pride at Work – Hawaiʻi; Hawaiʻi Alliance for Progressive Action; Democratic Party of Hawaiʻi; Waipahu Safe Haven Immigrant/Migrant Resource Center; American Civil Liberties Union of Hawaiʻi; and numerous individuals. Your Committee received testimony in opposition to this measure from two individuals.

Your Committee finds that across the country, communities have raised urgent concerns about masked, unidentified agents conducting enforcement actions in public spaces – fueling fear, confusion, and the risk of escalation and violence. The impacts of federal immigration enforcement have been felt in Hawaii and your Committee believes residents in the State should never have to guess whether a person arresting and detaining someone is a legitimate immigration officer or a vigilante impersonator. Your Committee finds that requiring visible identification of officers and requiring law enforcement agencies to maintain written policies for their officers on these requirements are basic accountability measures that protect the public and officers by reducing dangerous confusion during fast-moving encounters.

Your Committee notes that this measure includes exemptions that allow law enforcement agencies to conduct operations, which your Committee believes sufficiently address the concerns raised in testimony on this issue.

Your Committee also notes that there are two important immigration-related vehicles moving through the legislative process this session – this measure and House Bill No. 2540, Regular Session of 2026 (H.B. No. 2540). Your Committee intends to use this to serve as the vehicle to establish requirements and penalties related to facial coverings and visible identification of law enforcement officers. Amendments to this measure are therefore necessary to incorporate the criminal offense language from H.B. No. 2540 into this measure.

Accordingly, your Committee has amended this measure by:

(1) Clarifying that, except as required by certain federal or state law, no state or county departments or agencies may assist or cooperate with immigration enforcement operations;

(2) Making violations of the provisions limiting state and federal collaboration on immigration enforcement operations a misdemeanor;

(3) Clarifying that identification and face mask requirements for law enforcement officers do not apply in situations where a law enforcement officer is acting in an undercover operation authorized by supervising personnel or court order;

(4) Removing a provision specifying that when federal law enforcement officers arrest a person without a warrant, it is done so in their personal capacity;

(5) Adding provisions establishing criminal offenses for improper facial coverings and lack of visible identification and unauthorized civil immigration interrogation, arrest, or detention;

(6) Adding a severability clause;

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

(8) 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. 1886, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1886, 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