STAND. COM. REP. NO. 1120-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1886

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1886, H.D. 1, 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 limitations on federal and state collaboration related to immigration enforcement operations;

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

(3) Create criminal offenses for improper facial coverings, lack of visible identification, and unauthorized civil immigration interrogation or detention.

Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; Office of the Public Defender; one member of the Hawaiʻi County Council; Mercado de La Raza; Stonewall Caucus of the Democratic Party of Hawaiʻi; University of Hawaii Professional Assembly; Faith Action for Community Equity; Imua Alliance; Indivisible Hawaiʻi State Network; Roots Reborn; UNITE HERE Local 5; Hawaiʻi Coalition for Immigrant Rights; American Civil Liberties Union of Hawaiʻi; Fujiwara & Rosenbaum, LLLC; Pride at Work-Hawaiʻi; Indivisible Hilo; Hawaii Filipino Lawyers Association; Green Party of Hawaiʻi; The Legal Clinic; and numerous individuals. Your Committee received testimony in opposition to this measure from the Kauaʻi Police Department and one individual.

Your Committee finds that concerns have been raised across the nation regarding the involvement of state and county resources in federal immigration enforcement activities, which may undermine public trust and divert limited resources from local priorities. Your Committee further finds that the lack of clear standards for officer identification and permissible use of facial coverings can impede transparency, accountability, and public safety. This measure strengthens civil rights protections, promotes community trust in law enforcement, and ensures that enforcement activities remain consistent with constitutional principles.

Your Committee has amended this measure by:

(1) Clarifying the United States Code sections that provide exceptions to the prohibition on assistance or cooperation with immigration enforcement operations;

(2) Clarifying that federal authorities, instead of law enforcement authorities, are prohibited from being authorized to engage in certain law enforcement actions;

(3) Adding a safe harbor provision for acts or omissions taken in good faith when attempting to comply with state and federal collaboration requirements or when responding to perceived federal authority;

(4) Adding an exemption to the identification and face covering requirements for certain exigent circumstances;

(5) Removing an exemption from criminal offenses for facial coverings and visible identification requirements for law enforcement officers acting as an employee of law enforcement agencies that maintain and publicly post certain written policies;

(6) Amending the definition of "facial covering";

(7) Removing definitions for "law enforcement agency" and "law enforcement officer";

(8) Removing provisions establishing affirmative defenses for unauthorized civil immigration interrogation, arrest, or detention; and

(9) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1886, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1886, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair