STAND. COM. REP. NO. 1271-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 3251

S.D. 2

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 S.B. No. 3251, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

begs leave to report as follows:

The purpose of this measure is to prohibit the Department of Law Enforcement, Department of Land and Natural Resources, Department of Taxation, and Department of the Attorney General from appointing or employing certain former United States Immigration and Customs Enforcement or Border Patrol agents and employees as law enforcement officers.

Your Committee received testimony in support of this measure from the Office of the Public Defender; Roots Reborn; Indivisible Hawaii State Network; Imua Alliance; Hawaii Filipino Lawyers Association; Kona Indivisible; Matriarchy Rising; and numerous individuals. Your Committee received testimony in opposition to this measure from three individuals.

Your Committee finds that in recent months, federal Immigration and Customs Enforcement officers and Border Patrol agents have engaged in violations of constitutional rights and due process, particularly in regard to excessive use of force. Your Committee further finds that future changes in federal administrative leadership and budgets may reduce the federal immigration enforcement workforce and lead many former agents to seek employment in state law enforcement roles. Your Committee recognizes that due to the use of face masks and other methods to conceal identity, it is impossible to determine which of these federal agents engaged in unlawful conduct and excessive force. Your Committee believes that it is necessary to ensure that individuals who have engaged in such conduct do not serve in certain law enforcement roles that confer police powers. Therefore, this measure prohibits certain departments from appointing or employing certain former United States Immigration and Customs Enforcement or Border Patrol agents and employees as law enforcement officers.

Your Committee has amended this measure by:

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

(2) 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 S.B. No. 3251, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3251, S.D. 2, H.D. 1, and be referred to your Committee on Labor.

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

____________________________

GREGGOR ILAGAN, Chair