STAND. COM. REP. NO. 1239

Honolulu, Hawaii

, 2025

RE: S.B. No. 816

S.D. 2

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 S.B. No. 816, S.D. 2, 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 Hawaiʻi State Lesbian, Gay, Bisexual, Transgender, Queer Plus Commission; Office of the Public Defender; one member of the Hawaiʻi County Council; Rainbow Family 808; ACLU Hawaiʻi; Pride at Work Hawaiʻi; Catholic Charities Hawaiʻi; Hawaii State AFL-CIO; League of Women Voters of Hawaii; Ka Ohana O Na Pua; University of Hawaii William S. Richardson School of Law Refugee & Immigration Law Clinic; The Legal Clinic; Hawaiʻi Friends of Civil Rights; North Hawaii Community Action Network; Unite Here! Local 5; Coalition for Democracy; Hawaiʻi Filipino Lawyers Association; Hawaiʻi Coalition for Immigrant Rights; and numerous individuals. Your Committee received testimony in opposition to this measure from Hawaii Patriot Republicans; Hawaiian Islands Republican Women; Calvary Chapel Westside; Kohala Girls Club; and numerous individuals.

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) Requiring the Judiciary to ensure that the entities contracted to implement and operate the Due Process in Immigration Proceedings Program provide training and education for law students and legal practitioners to provide legal representation to individuals in immigration-related proceedings in immigration court;

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

(3) 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. 816, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 816, S.D. 2, 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