STAND. COM. REP. NO. 122

Honolulu, Hawaii

, 2025

RE: H.B. No. 438

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Economic Development & Technology, to which was referred H.B. No. 438 entitled:

"A BILL FOR AN ACT RELATING TO DUE PROCESS PROTECTIONS,"

begs leave to report as follows:

The purpose of this measure is to establish the Due Process in Immigration Proceedings Program within the Judiciary to provide legal representation to individuals in immigration-related proceedings in immigration court.

Your Committee received testimony in support of this measure from the Office of the Public Defender; one member of the Hawaiʻi County Council; one member of the Honolulu City Council; IATSE Local 665; UNITE HERE Local 5; Indivisible Hawaii; Refugee & Immigration Law Clinic; Hawaiʻi Coalition for Immigrant Rights; The Legal Clinic; League of Women Voters of Hawaii; North Hawaii Community Action Network; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; HCANSpeaks!; COFACAN; Oahu Filipino Community Council; Hawaii Friends of Civil Rights; Filipino Chamber of Commerce of Hawaii; Roots Reborn; Hawaiʻi Democratic Party; Hawaii State AFL-CIO; Fujiwara & Rosenbaum, LLC; Catholic Charities Hawaiʻi; Imua Alliance; Democratic Party of Hawaiʻi Education Caucus; ACLU Hawaiʻi; A.L.O.H.A. Latinos; Hawaiʻi Workers Center; and numerous individuals. Your Committee received testimony in opposition to this measure from Hawaiian Islands Republican Women and numerous individuals. Your Committee received comments on this measure from the Judiciary.

Your Committee finds that the State should ensure that all Hawaii residents, regardless of citizenship status, have certain due process protections. Your Committee further finds that many individuals facing deportation or other immigration-related proceedings lack legal representation. This measure addresses this need by establishing a Due Process in Immigration Proceedings Program to provide representation to individuals in immigration-related proceedings.

Your Committee has amended this measure by:

(1) Clarifying that the Judiciary shall administer funding to entities contracted to implement and operate the program, rather than administer it directly;

(2) Adding a requirement that entities contracted to implement and operate the program partner with the University of Hawaii at Manoa William S. Richardson School of Law; and

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

Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider the appropriation amount of $750,000 for the Due Process in Immigration Proceedings Program.

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 H.B. No. 438, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 438, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

GREGGOR ILAGAN, Chair