HB 1768

HOUSE OF REPRESENTATIVES
H.B. NO.
1768
THIRTY-THIRD LEGISLATURE, 2026
H.D. 1
STATE OF HAWAII
S.D. 2
A BILL FOR AN ACT
RELATING TO IMMIGRATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION
1.� The legislature finds that the State
is committed to ensuring that all residents of the State are treated equally
notwithstanding race, religion, national origin, disability status, sexual
orientation, gender, or immigration status.
���� The
legislature further finds that all residents of the State are entitled to live
in dignity and without fear.� The
legislature also finds that immigrants are valuable and essential members of
the community and should be able to live full and productive lives without fear
of the government.
���� Furthermore,
the legislature finds that a relationship of trust between the State's
immigrant community and state and county agencies is central to the public
safety of the people of Hawaii.� This
trust is threatened when state and county agencies are entangled with federal
immigration enforcement, with the result that immigrant community members fear
going to court, seeking basic health or other services, or pursuing education
to the detriment of public safety and the well-being of all residents.
���� Therefore,
the purpose of this Act is to prohibit:
���� (1)� Any state or county law enforcement agency or
law enforcement official from entering into an agreement under title 8 United
States Code section 1357(g) or any other federal law that permits state or
county agencies to engage in immigration enforcement; and
���� (2)� State and county law enforcement agencies and
law enforcement officials from engaging in certain immigration-related actions,
except under limited circumstances.
���� SECTION
2.� The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"Chapter
IMMIGRATION
ENFORCEMENT; PROHIBITIONS
���� �   -1� Definitions.� As used in this chapter:
���� "County"
includes the city and county of Honolulu, county of Hawaii, county of Kauai,
and county of Maui.
���� "Federal
immigration authority" means any federal officer, employee, or person
performing immigration enforcement functions.
���� "Hold
request" means a request by any federal immigration authority that a state
or county law enforcement agency maintain custody of an individual currently in
its custody beyond the time the individual would otherwise be eligible for
release in order to facilitate transfer to the federal immigration authority.
���� "Immigration
enforcement" includes any effort to investigate, enforce, or assist in the
investigation or enforcement of:
���� (1)� Any federal civil immigration law; or
���� (2)� Any federal criminal immigration law that
penalizes a person's presence in, entry into, reentry into, or employment in
the United States, including but not limited to violations of title 8 United
States Codes sections 1253, 1304, 1306(a) and (b), 1325, or 1326.
���� "Law
enforcement agency" means any agency in the State charged with enforcing
state or county laws or ordinances, operating correctional facilities or
juvenile detention facilities, or maintaining custody of individuals in
correctional facilities or juvenile detention facilities.
���� "Law
enforcement official" means an officer or agent of a law enforcement
agency.
���� �   -2� Immigration enforcement agreements;
prohibited.� No law
enforcement agency or law enforcement official shall enter into an agreement
under title 8 United States Code section 1357(g) or any other federal law that
permits state or county agencies to engage in immigration enforcement.
���� �   -3� Prohibited actions by law enforcement
agencies or law enforcement officials.�
No law enforcement agency or law enforcement official shall:
���� (1)� Inquire about the citizenship or immigration
status of an individual, except as required by law or if there is a connection
between such information and an investigation into a violation of state or
county criminal law;
���� (2)� Provide information pursuant to notification
requests from federal immigration authorities for the purposes of immigration
enforcement, except as required by law;
���� (3)� Provide non-publicly available personal
information to federal immigration authorities about an individual in a
noncriminal matter, except as required by law;
���� (4)� Allow federal immigration authorities access
to interview individuals about federal immigration violations while the
individuals are in custody, except as required by law or by court order, unless
the individuals consent in writing to be interviewed;
���� (5)� Detain an individual on the basis of a hold
request;
���� (6)� Provide information regarding an individual's
release date to federal immigration authorities; or
���� (7)� Transfer an individual to federal immigration
authorities, unless authorized by a judicial warrant or judicial determination
of probable cause.
���� �   -4� Construction; federal law.� Nothing in this chapter shall be construed as
prohibiting or restricting any state or county law enforcement agency or any
law enforcement official from acting accordance with title 8 United States Code
sections 1373 and 1644."
SECTION 3.� This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
���� SECTION 4.� This Act shall take effect on July 1, 2055.
Report Title:
State and
County Law Enforcement; Immigration Enforcement Actions; Prohibition
Description:
Prohibits
any law enforcement agency or law enforcement official from entering into an
agreement under federal law that permits state or county agencies to engage in
immigration enforcement.� Prohibits law
enforcement agencies and law enforcement officials from engaging in certain
immigration-related actions, except under limited circumstances.� Effective 7/1/2055.� (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.