SB571

SECTION 1. The legislature finds that, according to the American Immigration Council, the State is home to approximately two hundred fifty-four thousand immigrants, including fifty thousand five hundred undocumented immigrants. The legislature further finds that the State is justifiably proud of its rich immigrant heritage, which has woven many residents into a valued tapestry of races, ancestral groups, religions, cultures, and languages from many parts of the world.

The legislature further finds that the State is also proud of its strong civil rights record. Article I, section 5, of the Hawaii State Constitution affirmatively states that no person shall be denied the equal protection of the laws, nor be denied enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race or ancestry.

While immigration is a federal responsibility, state and local agencies have significant discretion regarding whether and how to respond to requests for assistance from federal immigration enforcement. The enforcement of immigration law is carried out by the United States Immigration and Customs Enforcement or United States Customs and Border Protection, both of which are agencies of the Department of Homeland Security. Federal law does not require state and local entities to collect or share information with the United States Immigration and Customs Enforcement and United States Customs and Border Protection. Rather, federal law, under title 8 United States Code section 1373, limits state and local governments from restricting communication with federal immigration authorities concerning information regarding the citizenship or immigration status, lawful or unlawful, of any individual. There is no affirmative duty for state and local governments to collect or share this information, and there is no prohibition against preventing the communication of other non-public information.

The legislature further finds that because the State is home to residents of diverse ethnic, racial, and national backgrounds, including immigrants who are valuable and important members of local communities, and because of the State's strong due process and civil rights protections for all, it is essential to ensure that immigrants and migrants in state and local law enforcement custody are provided due process and civil rights protections.

Accordingly, the purpose of this Act is to:

(1) Require state and local law enforcement agencies to notify an individual of their rights when in state or local law enforcement agency custody before any interview with the United States Immigration and Customs Enforcement pertaining to certain matters regarding civil immigration violations;

(2) Designate all records relating to United States Immigration and Customs Enforcement access to a detained individual provided by a state or local law enforcement agency as public records under chapter 92F, Hawaii Revised Statutes; and

(3) Require state and local law enforcement agencies that have provided the United States Immigration and Customs Enforcement access to a detained individual within the previous year to hold two public forums per year.

SECTION 2. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353C- Immigration; due process and transparency; requirements. (a) Before any interview between United States Immigration and Customs Enforcement and an individual in law enforcement agency custody regarding civil immigration violations, the law enforcement agency shall provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that the individual may decline to be interviewed or may choose to be interviewed only with the individual's attorney present.

The written consent form shall be provided at no cost and shall be available in the languages that the office of language access provides translations for, including but not limited to:

(1) Chinese Mandarin or Cantonese;

(2) Chuukese;

(3) English;

(4) Ilokano;

(5) Japanese;

(6) Korean;

(7) Spanish;

(8) Tagalog;

(9) Thai;

(10) Vietnamese; and

(11) Visayan.

(b) Upon receiving any United States Immigration and Customs Enforcement immigration hold, notification, or transfer request, a law enforcement agency shall provide a copy of the request to the individual and inform the individual whether the law enforcement agency intends to comply with the request. If a law enforcement agency provides the United States Immigration and Customs Enforcement with notification that an individual is being, or will be, released on a certain date, the law enforcement agency shall promptly provide within two business days the same notification in writing to the individual and the individual's attorney or to one additional person who the individual shall be permitted to designate.

(c) All records relating to United States Immigration and Customs Enforcement access to a detained individual provided by a law enforcement agency, including all communication with United States Immigration and Customs Enforcement, shall be public records for purposes of chapter 92F, including the exemptions provided by chapter 92F; provided that personal identifying information shall be redacted before public disclosure. Records relating to United states Immigration and Customs Enforcement access to a detained individual include but shall not be limited to:

(1) Data maintained by the law enforcement agency regarding the number and demographic characteristics of any individual to whom the agency has provided the United States Immigration and Customs Enforcement access;

(2) The date the United States Immigration and Customs Enforcement was provided the records; and

(3) Whether the United States Immigration and Customs Enforcement access was provided through an immigration hold, transfer, or notification request, or other means.

(d) The local governing body of a law enforcement agency that has provided the United States Immigrations and Customs Enforcement access to a detained individual during the previous year shall hold at least two community forums during the following year. The community forums shall be subject to the requirements of chapter 92 and shall provide information to the public about United States Immigration and Customs Enforcement access to detained individuals and to receive and consider public comment. As part of the forums, the law enforcement agency shall provide the governing body with:

(1) Data it maintains regarding the number and demographic characteristics of detained individuals to whom the agency has provided the United States Immigration and Customs Enforcement access;

(2) The date the United States Immigration and Customs Enforcement was provided the access; and

(3) Whether the United States Immigration and Customs Enforcement was provided access through an immigration hold, transfer, or notification request, or other means.

The law enforcement agency shall provide the information to the governing body in the form of statistics; provided that if statistics are not maintained, then the law enforcement agency shall provide the governing body with individual records; provided further that the law enforcement agency shall redact any personally identifiable information.

(e) For the purposes of this section:

"Immigration hold" means an immigration detainer issued pursuant to title 8 Code of Federal Regulations section 287.7, or any similar request from the United States Immigration and Customs Enforcement or United States Customs and Border Protection for detention of an individual suspected of violating civil immigration law.

"Law enforcement agency" means any agency of the State or any of its political subdivisions, or any officer of those agencies, which is authorized to enforce criminal laws, operate correctional facilities, or maintain custody of individuals in correctional facilities, and any individual or agency authorized to operate detention facilities or to maintain custody of individuals in juvenile detention facilities."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	571
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII