STAND. COM. REP. NO. 3403

Honolulu, Hawaii

RE: S.C.R. No. 148

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.C.R. No. 148 entitled:

"SENATE CONCURRENT RESOLUTION STRONGLY URGING THE UNITED STATES CONGRESS TO PASS LEGISLATION TO CLARIFY THE STATUS OF MIGRANTS UNDER THE COMPACTS OF FREE ASSOCIATION FOR PURPOSES OF THE REAL ID ACT OF 2005 TO PROMOTE FAIRNESS AND EQUALITY UNDER THE LAW,"

begs leave to report as follows:

The purpose and intent of this measure is to strongly urge the United States Congress to pass legislation to clarify the status of migrants under the Compacts of Free Association for purposes of the REAL ID Act of 2005 to promote fairness and equality under the law.

Your Committee received testimony in support of this measure from the Department of Transportation, Hawai‘i Civil Rights Commission, Hawaii Interpreter Action Network, and two individuals.

Your Committee finds that the United States has a special relationship with Compact of Free Association nations and their citizens. Citizens of such nations may enter into, work, and establish residence in the United States, but do not have a pathway to United States citizenship. These persons do not have limited authorized stays in the United States, rather they have authorization to stay on a long-term basis and build stability within their community of residence. Your Committee finds that citizens of Compact of Free Association nations who are residents of the United States should have the same legal abilities, opportunities, and advantages as other foreign nationals legally residing with the United States.

Your Committee has amended this measure by:

(1) Inserting language urging the United States Citizenship and Immigration Services to delineate Compact of Free Association status as a specific category in the Systematic Alien Verification for Entitlement system and to clarify that the "unlimited length of stay" of persons with that status is sufficient for the same renewal period as legal permanent residents and United States citizens for purposes of driver's license and identification renewals, and other entitlements and benefits that may otherwise require an "end date of stay" entry;

(2) Making a conforming amendment to the title; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 148, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 148, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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BRIAN T. TANIGUCHI, Chair