HB457 HD1

SECTION 1. The legislature finds that according to the American Immigration Council, Hawaii is home to 254,300 immigrants, including 50,500 undocumented immigrants. The State is proud of its rich immigrant heritage, which has woven many people into a valued tapestry of races, ancestral groups, religions, cultures, and languages from many parts of the world.

The legislature further finds that Hawaii is proud of its strong civil rights record. Article I, section 5, of the Hawaii State Constitution states that no person shall be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, religion, sex, or ancestry. While immigration is a federal function, 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 Immigration and Customs Enforcement and Customs and Border Protection, 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 federal immigration agencies. Rather, federal law 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 it is essential to ensure that immigrants and migrants in the custody of state and local law enforcement are provided appropriate due process and civil rights protections.

Accordingly, the purpose of this Act is to require state and local law enforcement agencies to notify an individual of their rights when in Hawaii law enforcement agency custody before any interview with United States Immigration and Customs Enforcement on certain matters regarding civil immigration violations.

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

"§353C- Due process; immigration matters. (a) Before any interview between a person in custody of a law enforcement agency and the United States Immigration and Customs Enforcement regarding immigration violations, the law enforcement agency shall provide a written consent form that is available in the languages for which the office of language access provides translations; provided that other accommodations shall be made for individuals who speak languages for which the office of language access cannot provide translations. The written consent form shall:

(1) Explain the purpose of the interview;

(2) State that the interview is voluntary; and

(3) Inform the person that they may have their attorney present for the interview.

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

(c) Records relating to the United States Immigration and Customs Enforcement's access to a detained individual provided by a law enforcement agency, including all communication, shall be public record. Records shall include:

(1) Data maintained by the law enforcement agency regarding the number and demographic characteristics of individuals to whom the agency has provided United States Immigration and Customs Enforcement access; provided that demographic information shall not be publicly disclosed if there is a reasonable likelihood that such information would identify an individual to whom Immigration and Customs Enforcement has been provided access;

(2) The date access was provided; and

(3) Whether the access was provided through a hold, transfer, notification request, or other means.

(d) The department shall hold at least two community forums to provide information to the public about United States Immigration and Customs Enforcement's access to individuals in the department's custody and to receive and consider public comment.

(e) As used in this section, "law enforcement agency" means any county police department, the department of law enforcement, and any state or county public body that employs law enforcement officers."

SECTION 3. New statutory material is underscored.

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

HOUSE OF REPRESENTATIVES	H.B. NO.	457
THIRTY-THIRD LEGISLATURE, 2025		H.D. 1
STATE OF HAWAII