HB 1870: AG; Immigration; Protected Community Locations; Written Policies; Model Policies
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-05-01
Current Status:
Passed
(2026-06-26: Act 162, on 06/25/2026 (Gov. Msg. No. 1263).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
What does this bill do?
The bill requires state and county agencies that run protected community locations—like schools, clinics, libraries, shelters, and places of worship—to adopt and post written policies that identify nonpublic areas, set procedures for checking warrants (legal orders) and staff response, bar collecting immigration-status information unless required by law, require annual staff training, and post multilingual notices that services are provided regardless of immigration status. The attorney general must publish model policies for agencies to use, and private education, health, and worship providers may adopt those models voluntarily.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
By 1/1/2027, requires all state and county agencies that operate protected community locations to adopt and post written policies that identify nonpublic areas, establish procedures for warrant verification and staff response, prohibit the collection of certain immigration-status data, and require annual staff training and certain multilingual notices. Requires the Attorney General to publish model policies. (CD1)
Establishes statewide standards for state and county agencies, officers, employees, and contractors, to limit participation in civil immigration enforcement in or near protected community locations. By 1/1/2027, requires all state and county agencies that operate protected community locations to adopt and post written policies, provide annual staff training, and maintain data privacy protections. Appropriates funds for implementation by the Attorney General. Effective 7/1/3000. (SD1)
Establishes statewide standards for state and county agencies, officers, employees, and contractors, to limit participation in civil immigration enforcement in or near protected community locations. By 1/1/2027, requires all state and county agencies that operate protected community locations to adopt and post written policies, provide annual staff training, and maintain data privacy protections. Appropriates funds for implementation by the Attorney General. Effective 7/1/3000. (HD2)
Establishes statewide standards for state and county agencies, officers, employees, contractors, and recipients of state funds, to limit participation in civil immigration enforcement in or near protected community locations. By 1/1/2027, requires all state and county agencies that operate protected community locations to adopt and post written policies, provide annual staff training, and maintain data privacy protections. Appropriates funds for implementation by the Attorney General. Effective 7/1/3000. (HD1)
Establishes statewide standards for state and county agencies, officers, and employees, and recipients of state funds, to limit participation in civil immigration enforcement in or near protected community locations that provide state-funded services related to education, physical or mental health, social services such as shelter care or food assistance, or access to justice, including schools, health care facilities, libraries, shelters, and places of worship. Requires the Department of Education, State Public Charter School Commission, University of Hawaii, Hawaii Health Systems Corporation, Hawaii State Public Library System, and Hawaii Emergency Management Agency to adopt and post written policies, provide annual staff training, and maintain data privacy protections. Appropriates funds for implementation by the Attorney General.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1870 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO PROTECTED COMMUNITY LOCATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that schools, health care settings, libraries, shelters, places of worship, and other community spaces must remain safe and accessible to all residents. In January 2025, the United States Department of Homeland Security rescinded prior guidance protecting "sensitive" or "protected" areas, authorizing unrestricted immigration enforcement in these locations. The legislature further finds that these changes have created uncertainty and chilled access to critical services. The legislature additionally finds that these locations must continue to function as trusted, safe spaces where people can go without fear and that state and county agencies that operate these locations should adopt policies limiting collaboration with federal authorities for immigration enforcement purposes.
Accordingly, the purpose of this Act is to:
(1) By January 1, 2027, require all state and county agencies that operate protected community locations to adopt and post written policies that identify nonpublic areas, establish procedures for warrant verification and staff response, prohibit the collection of certain immigration-status data, and require annual staff training and certain multilingual notices; and
(2) Require the attorney general to publish model policies.
SECTION 2. (a) By January 1, 2027, all state and county agencies that operate protected community locations shall adopt and post written policies that:
(1) Identify nonpublic areas;
(2) Establish procedures for warrant verification and staff response;
(3) Prohibit the collection of immigration-status data unless required by law;
(4) Require annual staff training; and
(5) Require multilingual notices stating that services are provided regardless of immigration status.
(b) The attorney general shall publish model policies for adoption by all state and county agencies that operate protected community locations and voluntary adoption by private education or health providers and private places of worship.
(c) For the purposes of this section:
"Nonpublic area" means any area of a facility that is not open to the general public.
"Protected community location" means any facility operated by the State or a county.
SECTION 3. This Act is of statewide concern, in accordance with article X, section 6 of the Hawaii State Constitution. Nothing in this Act restricts the university of Hawaii from complying with mandatory federal contractor certifications or other conditions tied to federal funding.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
AG; Immigration; Protected Community Locations; Written Policies; Model Policies
Description:
By 1/1/2027, requires all state and county agencies that operate protected community locations to adopt and post written policies that identify nonpublic areas, establish procedures for warrant verification and staff response, prohibit the collection of certain immigration-status data, and require annual staff training and certain multilingual notices. Requires the Attorney General to publish model policies. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1870 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO PROTECTED COMMUNITY LOCATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that schools, health care settings, libraries, shelters, places of worship, and other community spaces must remain safe and accessible to all residents. In January 2025, the United States Department of Homeland Security rescinded prior guidance protecting "sensitive" or "protected" areas, creating uncertainty and chilling access to critical services.
The purpose of this Act is to establish statewide standards for state and county agencies, officers, employees, and contractors, to limit participation in civil immigration enforcement in or near protected community locations, consistent with the State's police powers, civil rights laws, and constitutional protections for education, public health, and the free exercise of religion.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
protected community locations and civil immigration enforcement
§ -1 Definitions. As used in this chapter:
"Civil immigration enforcement" means actions to investigate, apprehend, detain, or remove a person for alleged violations of federal civil immigration law.
"Designated administrator or counsel" means the individual or office formally identified as the point of contact authorized to receive, review, and respond to inquiries, requests, or documents related to civil immigration enforcement, including verifying the validity and authority of judicial warrants and coordinating the agency's obligations under this chapter.
"Immigration detainer" means a request from a federal agency to a state or county agency to hold an individual for civil immigration enforcement purposes in state or county custody.
"Judicial warrant" means a warrant issued by a federal or state judge based on probable cause. "Judicial warrant" does not include an administrative warrant issued by an executive branch agency or immigration detainer.
"Nonpublic area" means any area of a facility that is not open to the general public.
"Protected community location" means any facility operated by the State or a county.
"Protected perimeter" means the area within one thousand feet of the real property boundary of a protected community location, including adjacent parking areas, sidewalks, streets, and other publicly accessible spaces.
"State actor" means any state or county agency, officer, or employee who is performing their official duties.
"State contractor" means any person, business, nonprofit organization, or other entity that enters into a contract, grant, agreement, or other arrangement, after the effective date of this Act, in excess of $1,000,000 per year, to provide goods or services on behalf of, or for the benefit of, a state agency.
§ -2 No assistance with civil immigration enforcement in protected community locations. (a) A state actor or state contractor shall not use personnel, facilities, property, equipment, or funds to assist with civil immigration enforcement in a protected community location or within the protected perimeter, except as authorized in subsection (b). A state actor or state contractor shall not:
(1) Provide access to nonpublic areas of a protected community location for civil immigration enforcement purposes;
(2) Collect personal or identifying information for civil immigration enforcement purposes; or
(3) Facilitate interviews or surveillance for civil immigration enforcement purposes,
unless required by federal or state law or pursuant to a judicial warrant.
(b) This section shall not prohibit:
(1) Responding to an imminent threat to life or safety;
(2) Executing a judicial warrant or court order;
(3) Performing duties unrelated to civil immigration enforcement, including fire code, building safety, or public health inspections; or
(4) Acting as otherwise required by federal or state law.
§ -3 Law enforcement requests; judicial warrants; reporting. (a) A state actor or state contractor working at a protected community location shall refer any law enforcement request relating to immigration to the designated administrator or counsel.
(b) Access to nonpublic areas shall be granted only upon presentation of a judicial warrant, either the original or a court-stamped copy, and confirmation by the designated administrator or counsel that the warrant is valid and authorizes the requested entry.
(c) Each state actor and state contractor shall document all immigration-related requests, including photographing or otherwise copying any warrant or document presented, and promptly transmit the record to the designated administrator or counsel and attorney general.
§ -4 Policies, training, and signage. (a) By January 1, 2027, all state and county agencies that operate protected community locations shall adopt and post written policies that:
(1) Identify nonpublic areas;
(2) Establish procedures for warrant verification and staff response;
(3) Prohibit the collection of immigration-status data unless required by law;
(4) Require annual staff training; and
(5) Require multilingual notices stating that services are provided regardless of immigration status.
(b) The attorney general shall publish model policies for adoption by all state and county agencies that operate protected community locations and voluntary adoption by private education or health providers and private places of worship.
§ -5 Data privacy and records. State actors and state contractors shall not inquire into or collect information regarding a person's immigration or citizenship status, except as required by law or as necessary to provide the requested service.
§ -6 Enforcement; complaints; investigation. The attorney general shall adopt policies and procedures to receive complaints, investigate alleged violations of this chapter, and issue findings; provided that no finding of a violation shall be issued against a state actor who acts in good faith reliance on what appears to be a valid judicial warrant, or who acts under duress or a reasonable fear for the state actor's safety.
§ -7 Construction; federal law. Nothing in this chapter shall obstruct federal officers acting within their lawful authority. This chapter shall be construed to regulate only the conduct of state actors and state contractors."
"§27- Protected community locations; compliance. All state agencies shall comply with chapter , relating to protected community locations and civil immigration enforcement, including by adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 4. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Protected community locations; compliance. All county agencies shall comply with chapter , relating to protected community locations and civil immigration enforcement, including by adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the department of the attorney general to implement this Act, including by providing model policies, training materials, and a reporting portal.
The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 6. This Act is of statewide concern, in accordance with article X, section 6 of the Hawaii State Constitution. Nothing in this Act restricts the university of Hawaii from complying with mandatory federal contractor certifications or other conditions tied to federal funding.
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 3000.
Report Title:
AG; Civil Immigration Enforcement; State Actors; State Contractors; Protected Community Locations; Statewide Standards; Written Policies; Appropriation
Description:
Establishes statewide standards for state and county agencies, officers, employees, and contractors, to limit participation in civil immigration enforcement in or near protected community locations. By 1/1/2027, requires all state and county agencies that operate protected community locations to adopt and post written policies, provide annual staff training, and maintain data privacy protections. Appropriates funds for implementation by the Attorney General. Effective 7/1/3000. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1870 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PROTECTED COMMUNITY LOCATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that schools, health care settings, libraries, shelters, places of worship, and other community spaces must remain safe and accessible to all residents. In January 2025, the United States Department of Homeland Security rescinded prior guidance protecting "sensitive" or "protected" areas, creating uncertainty and chilling access to critical services.
The purpose of this Act is to establish statewide standards for state and county agencies, officers, employees, and contractors, to limit participation in civil immigration enforcement in or near protected community locations, consistent with the State's police powers, civil rights laws, and constitutional protections for education, public health, and the free exercise of religion.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
protected community locations and civil immigration enforcement
§ -1 Definitions. As used in this chapter:
"Civil immigration enforcement" means actions to investigate, apprehend, detain, or remove a person for alleged violations of federal civil immigration law.
"Designated administrator or counsel" means the individual or office formally identified as the point of contact authorized to receive, review, and respond to inquiries, requests, or documents related to civil immigration enforcement, including verifying the validity and authority of judicial warrants and coordinating the agency's obligations under this chapter.
"Immigration detainer" means a request from a federal agency to a state or county agency to hold an individual for civil immigration enforcement purposes in state or county custody.
"Judicial warrant" means a warrant issued by a federal or state judge based on probable cause. "Judicial warrant" does not include an administrative warrant issued by an executive branch agency or immigration detainer.
"Nonpublic area" means any area of a facility that is not open to the general public.
"Protected community location" means any facility operated by the State or a county.
"Protected perimeter" means the area within one thousand feet of the real property boundary of a protected community location, including adjacent parking areas, sidewalks, streets, and other publicly accessible spaces.
"State actor" means any state or county agency, officer, or employee who is performing their official duties.
"State contractor" means any person, business, nonprofit organization, or other entity that enters into a contract, grant, agreement, or other arrangement, after the effective date of this Act, in excess of $1,000,000 per year, to provide goods or services on behalf of, or for the benefit of, a state agency.
§ -2 No assistance with civil immigration enforcement in protected community locations. (a) A state actor or state contractor shall not use personnel, facilities, property, equipment, or funds to assist with civil immigration enforcement in a protected community location or within the protected perimeter, except as authorized in subsection (b). A state actor or state contractor shall not:
(1) Provide access to nonpublic areas of a protected community location for civil immigration enforcement purposes;
(2) Collect personal or identifying information for civil immigration enforcement purposes; or
(3) Facilitate interviews or surveillance for civil immigration enforcement purposes,
unless required by federal or state law or pursuant to a judicial warrant.
(b) This section shall not prohibit:
(1) Responding to an imminent threat to life or safety;
(2) Executing a judicial warrant or court order;
(3) Performing duties unrelated to civil immigration enforcement, including fire code, building safety, or public health inspections; or
(4) Acting as otherwise required by federal or state law.
§ -3 Law enforcement requests; judicial warrants; reporting. (a) A state actor or state contractor working at a protected community location shall refer any law enforcement request relating to immigration to the designated administrator or counsel.
(b) Access to nonpublic areas shall be granted only upon presentation of a judicial warrant, either the original or a court-stamped copy, and confirmation by the designated administrator or counsel that the warrant is valid and authorizes the requested entry.
(c) Each state actor and state contractor shall document all immigration-related requests, including photographing or otherwise copying any warrant or document presented, and promptly transmit the record to the designated administrator or counsel and attorney general.
§ -4 Policies, training, and signage. (a) By January 1, 2027, all state and county agencies that operate protected community locations shall adopt and post written policies that:
(1) Identify nonpublic areas;
(2) Establish procedures for warrant verification and staff response;
(3) Prohibit the collection of immigration-status data unless required by law;
(4) Require annual staff training; and
(5) Require multilingual notices stating that services are provided regardless of immigration status.
(b) The attorney general shall publish model policies for adoption by all state and county agencies that operate protected community locations and voluntary adoption by private education or health providers and private places of worship.
§ -5 Data privacy and records. State actors and state contractors shall not inquire into or collect information regarding a person's immigration or citizenship status, except as required by law or as necessary to provide the requested service.
§ -6 Enforcement; complaints; investigation. The attorney general shall adopt policies and procedures to receive complaints, investigate alleged violations of this chapter, and issue findings; provided that no finding of a violation shall be issued against a state actor who acts in good faith reliance on what appears to be a valid judicial warrant, or who acts under duress or a reasonable fear for the state actor's safety.
§ -7 Construction; federal law. Nothing in this chapter shall obstruct federal officers acting within their lawful authority. This chapter shall be construed to regulate only the conduct of state actors and state contractors."
"§27- Protected community locations; compliance. All state agencies shall comply with chapter , relating to protected community locations and civil immigration enforcement, including by adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 4. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Protected community locations; compliance. All county agencies shall comply with chapter , relating to protected community locations and civil immigration enforcement, including by adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the department of the attorney general to implement this Act, including by providing model policies, training materials, and a reporting portal.
The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 6. This Act is of statewide concern, in accordance with article X, section 6 of the Hawaii State Constitution. Nothing in this Act restricts the university of Hawaii from complying with mandatory federal contractor certifications or other conditions tied to federal funding.
SECTION 7. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 3000.
Report Title:
AG; Civil Immigration Enforcement; State Actors; State Contractors; Protected Community Locations; Statewide Standards; Written Policies; Appropriation
Description:
Establishes statewide standards for state and county agencies, officers, employees, and contractors, to limit participation in civil immigration enforcement in or near protected community locations. By 1/1/2027, requires all state and county agencies that operate protected community locations to adopt and post written policies, provide annual staff training, and maintain data privacy protections. Appropriates funds for implementation by the Attorney General. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1870 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO PROTECTED COMMUNITY LOCATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that schools, health care settings, libraries, shelters, places of worship, and other community spaces must remain safe and accessible to all residents. In January 2025, the United States Department of Homeland Security rescinded prior guidance protecting "sensitive" or "protected" areas, creating uncertainty and chilling access to critical services.
The purpose of this Act is to establish statewide standards for state and county agencies, officers, employees, contractors, and recipients of state funds, to limit participation in civil immigration enforcement in or near protected community locations, consistent with the State's police powers, civil rights laws, and constitutional protections for education, public health, and the free exercise of religion.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
protected community locations and civil immigration enforcement
§ -1 Definitions. As used in this chapter:
"Civil immigration enforcement" means actions to investigate, apprehend, detain, or remove a person for alleged violations of federal civil immigration law.
"Designated administrator or counsel" means the individual or office formally identified as the point of contact authorized to receive, review, and respond to inquiries, requests, or documents related to civil immigration enforcement, including verifying the validity and authority of judicial warrants and coordinating the agency's obligations under this chapter.
"Immigration detainer" means a request from a federal agency to a state or county agency to hold an individual for civil immigration enforcement purposes in state or county custody.
"Judicial warrant" means a warrant issued by a federal or state judge based on probable cause. "Judicial warrant" does not include an administrative warrant issued by an executive branch agency or immigration detainer.
"Nonpublic area" means any area of a facility that is not open to the general public.
"Protected community location" means any facility operated by the State or a county.
"Protected perimeter" means the area within one thousand feet of the real property boundary of a protected community location, including adjacent parking areas, sidewalks, streets, and other publicly accessible spaces.
"State actor" means any state or county agency, officer, or employee who is performing their official duties.
"State contractor" means any person, business, nonprofit organization, or other entity that enters into a contract, grant, agreement, or other arrangement, in excess of $1,000,000 per year, to provide goods or services on behalf of, or for the benefit of, a state agency.
§ -2 No assistance with civil immigration enforcement in protected community locations. (a) A state actor or state contractor shall not use personnel, facilities, property, equipment, or funds to assist with civil immigration enforcement in a protected community location or within the protected perimeter, except as authorized in subsection (c).
(b) A state actor or state contractor shall not:
(1) Provide access to nonpublic areas of a protected community location for civil immigration enforcement purposes;
(2) Collect personal or identifying information for civil immigration enforcement purposes; or
(3) Facilitate interviews or surveillance for civil immigration enforcement purposes;
unless required by federal or state law or pursuant to a judicial warrant.
(c) This section shall not prohibit:
(1) Responding to an imminent threat to life or safety;
(2) Executing a judicial warrant or court order; or
(3) Performing duties unrelated to civil immigration enforcement, including fire code, building safety, or public health inspections.
§ -3 Law enforcement requests; judicial warrants; reporting. (a) A state actor or state contractor working at a protected community location shall refer any law enforcement request relating to immigration to the designated administrator or counsel.
(b) Access to nonpublic areas shall be granted only upon presentation of a judicial warrant, either the original or a court-stamped copy, and confirmation by the designated administrator or counsel that the warrant is valid and authorizes the requested entry.
(c) Each state actor and state contractor shall document all immigration-related requests, including photographing or otherwise copying any warrant or document presented, and promptly transmit the record to the designated administrator or counsel and attorney general.
§ -4 Policies, training, and signage. (a) By January 1, 2027, all state and county agencies that operate protected community locations shall adopt and post written policies that:
(1) Identify nonpublic areas;
(2) Establish procedures for warrant verification and staff response;
(3) Prohibit the collection of immigration-status data unless required by law;
(4) Require annual staff training; and
(5) Require multilingual notices stating that services are provided regardless of immigration status.
(b) The attorney general shall publish model policies for adoption by county facilities and voluntary adoption by private education or health providers and private places of worship.
§ -5 Data privacy and records. (a) State actors and state contractors shall not inquire into, collect, or maintain information regarding a person's immigration or citizenship status, except as required by law or as necessary to provide the requested service.
(b) A state actor or state contractor may disclose personal information to federal immigration authorities only pursuant to a judicial warrant, subpoena, or court order that specifically requires disclosure.
§ -6 Enforcement; complaints; investigation. The attorney general shall adopt policies and procedures to receive complaints, investigate alleged violations, and issue findings and penalties.
§ -7 Construction; federal law. Nothing in this chapter shall obstruct federal officers acting within their lawful authority. This chapter shall be construed to regulate only the conduct of state actors, state contractors, and individuals providing state-funded services."
"§127A- Protected community locations; compliance. The agency shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 4. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Protected community locations; compliance. The department shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 5. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Protected community locations; compliance. The commission shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 6. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§304A- Protected community locations; compliance. The university of Hawaii shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 7. Chapter 312, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§312- Protected community locations; compliance. The Hawaii state public library system shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 8. Chapter 323F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§323F- Protected community locations; compliance. The corporation shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the department of the attorney general to implement this Act, including by providing model policies, training materials, and a reporting portal.
The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 10. New statutory material is underscored.
SECTION 11. This Act shall take effect on July 1, 3000.
Report Title:
AG; Civil Immigration Enforcement; State Actors; State Contractors; Protected Community Locations; Statewide Standards; Written Policies; Appropriation
Description:
Establishes statewide standards for state and county agencies, officers, employees, contractors, and recipients of state funds, to limit participation in civil immigration enforcement in or near protected community locations. By 1/1/2027, requires all state and county agencies that operate protected community locations to adopt and post written policies, provide annual staff training, and maintain data privacy protections. Appropriates funds for implementation by the Attorney General. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1870 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO PROTECTED COMMUNITY LOCATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that schools, health care settings, libraries, shelters, places of worship, and other community spaces must remain safe and accessible to all residents. In January 2025, the United States Department of Homeland Security rescinded prior guidance protecting "sensitive" or "protected" areas, creating uncertainty and chilling access to critical services.
The purpose of this Act is to establish statewide standards for state and county agencies, officials, and employees, and recipients of state funds, to limit participation in civil immigration enforcement in or near protected community locations, consistent with the State's police powers, civil rights laws, and constitutional protections for education, public health, and the free exercise of religion.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
protected community locations and civil immigration enforcement
§ -1 Definitions. As used in this chapter:
"Civil immigration enforcement" means actions to investigate, apprehend, detain, or remove a person for alleged violations of federal civil immigration law.
"Designated administrator or counsel" means the individual or office formally identified as the point of contact authorized to receive, review, and respond to inquiries, requests, or documents related to civil immigration enforcement, including verifying the validity and authority of judicial warrants and coordinating the agency's obligations under this chapter.
"Immigration detainer" means a request from a federal agency to a state agency to hold an individual for civil immigration enforcement purposes in state custody.
"Judicial warrant" means a warrant issued by a federal or state judge based on probable cause. "Judicial warrant" does not include an administrative warrant issued by an executive branch agency, or immigration detainer.
"Nonpublic area" means any area of a facility that is not open to the general public.
"Protected community location" means any location that provides state-funded services related to education, physical or mental health, social services such as shelter care or food assistance, or access to justice, including:
(1) Public schools, public charter schools, the department of education's offices and buses, licensed child care facilities, and public institutions of higher education, including university of Hawaii campuses;
(2) Health care facilities and clinics, including public hospitals, community health centers, emergency rooms, and vaccination or testing sites;
(3) Libraries, shelters, food banks or food pantries, and other state-funded social service locations; and
(4) Portions of places of worship that are used to provide state-funded services.
"Protected perimeter" means the area within one thousand feet of the real property boundary of a protected community location, including adjacent parking areas, sidewalks, streets, and other publicly accessible spaces.
"State actor" means any state or county agency, officer, or employee, or any recipient of state funds, when providing state-funded services.
§ -2 No assistance with civil immigration enforcement in protected community locations. (a) A state actor shall not use personnel, facilities, property, equipment, or funds to assist with civil immigration enforcement in a protected community location or within the protected perimeter, except as authorized in subsection (c).
(b) A state actor shall not:
(1) Provide access to nonpublic areas of a protected community location for civil immigration enforcement purposes;
(2) Collect, retain, or disclose personal or identifying information, including schedules, enrollment information, patient data, worship schedules, or release alerts, for civil immigration enforcement purposes; or
(3) Facilitate interviews or surveillance for civil immigration enforcement purposes;
unless required by federal or state law or pursuant to a judicial warrant.
(c) This section shall not prohibit:
(1) Responding to an imminent threat to life or safety;
(2) Executing a judicial warrant or court order; or
(3) Performing duties unrelated to civil immigration enforcement, including fire code, building safety, or public health inspections.
§ -3 Law enforcement requests; judicial warrants; reporting. (a) A state actor working at a protected community location shall refer any law enforcement request relating to immigration to the designated administrator or counsel.
(b) Access to nonpublic areas shall be granted only upon presentation of a judicial warrant, either the original or a court-stamped copy, and confirmation by the designated administrator or counsel that the warrant is valid and authorizes the requested entry.
(c) Each state actor shall document all immigration-related requests, including photographing or otherwise copying any warrant or document presented, and promptly transmit the record to the designated administrator or counsel and attorney general.
§ -4 Policies, training, and signage. (a) By , the department of education, state public charter school commission, university of Hawaii, Hawaii health systems corporation, Hawaii state public library system, and Hawaii emergency management agency shall adopt and post written policies that:
(1) Identify nonpublic areas;
(2) Establish procedures for warrant verification and staff response;
(3) Prohibit the collection or disclosure of immigration-status data unless required by law;
(4) Require annual staff training; and
(5) Require multilingual notices stating that services are provided regardless of immigration status and outlining warrant requirements.
(b) The attorney general shall publish model policies for adoption by county facilities and voluntary adoption by private education or health providers and private places of worship.
§ -5 Data privacy and records. (a) State actors shall not inquire into, collect, or maintain information regarding a person's immigration or citizenship status, except as required by law or as necessary to provide the requested service.
(b) A state actor may disclose personal information to federal immigration authorities only pursuant to a judicial warrant, subpoena, or court order that specifically requires disclosure.
§ -6 Enforcement; civil penalty; private right of action; retaliation prohibited. (a) The attorney general shall receive complaints, investigate alleged violations, and issue findings and corrective orders.
(b) Any state actor who wilfully or repeatedly violates this chapter may be assessed a civil penalty of up to $2,500 for each violation; provided that the state actor is given notice and an opportunity to cure the violation. The department of the attorney general may adopt rules pursuant to chapter 91 to increase the fines under this section for egregious breaches involving the disclosure of protected records.
(c) An aggrieved person may seek injunctive or declaratory relief and reasonable attorney's fees.
(d) Retaliation against complainants, witnesses, or state actors who refuse to provide unlawful assistance shall be prohibited.
§ -7 Construction; federal law. (a) Nothing in this chapter shall obstruct federal officers acting within their lawful authority. This chapter shall be construed to regulate only the conduct of state actors and individuals providing state-funded services.
(b) The rescission of federal immigration enforcement policies regarding protected areas shall not diminish the safeguards established in this chapter."
"§127A- Protected community locations; compliance. The agency shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 4. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- Protected community locations; compliance. The department shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 5. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302D- Protected community locations; compliance. The commission shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 6. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§304A- Protected community locations; compliance. The university of Hawaii shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 7. Chapter 312, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§312- Protected community locations; compliance. The Hawaii state public library system shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 8. Chapter 323F, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§323F- Protected community locations; compliance. The corporation shall comply with chapter , relating to protected community locations and civil immigration enforcement, including adopting and posting written policies, providing annual staff training, and maintaining data privacy protections."
SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2026-2027 for the department of the attorney general to implement this Act, including by providing model policies, training materials, and a reporting portal.
The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 10. This Act shall take effect on July 1, 2026; provided that sections -4 and -5, Hawaii Revised Statutes, shall take effect on January 1, 2027.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
AG; DOE; SPCSC; UH; HHSC; HSPLS; HIEMA; Civil Immigration Enforcement; Protected Community Locations
Description:
Establishes statewide standards for state and county agencies, officers, and employees, and recipients of state funds, to limit participation in civil immigration enforcement in or near protected community locations that provide state-funded services related to education, physical or mental health, social services such as shelter care or food assistance, or access to justice, including schools, health care facilities, libraries, shelters, and places of worship. Requires the Department of Education, State Public Charter School Commission, University of Hawaii, Hawaii Health Systems Corporation, Hawaii State Public Library System, and Hawaii Emergency Management Agency to adopt and post written policies, provide annual staff training, and maintain data privacy protections. Appropriates funds for implementation by the Attorney General.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
|
Status
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|---|---|
| Jun 26, 2026 | Act 162, on 06/25/2026 (Gov. Msg. No. 1263). |
| Jun 26, 2026 | Act 162, 06/25/2026 (Gov. Msg. No. 1263). |
| May 8, 2026 | Received notice of passage on Final Reading in House (Hse. Com. No. 888). |
| May 7, 2026 | Transmitted to Governor. |
| May 6, 2026 | Received notice of Final Reading (Sen. Com. No. 816). |
| May 6, 2026 | Passed Final Reading as amended in CD 1 with Representative(s) Kila voting aye with reservations; Representative(s) Alcos, Garcia, Kong, Matsumoto, Muraoka, Pierick, Shimizu voting no (7) and none excused (0). |
| May 6, 2026 | Passed Final Reading, as amended (CD 1). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). |
| May 1, 2026 | 48 Hrs. Notice (as amended CD 1) 05-06-26 |
| May 1, 2026 | Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 186-26). |
| May 1, 2026 | Forty-eight (48) hours notice Wednesday, 05-06-26. |
| May 1, 2026 | Reported from Conference Committee (Conf Com. Rep. No. 186-26) as amended in (CD 1). |
| May 1, 2026 | The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Ilagan, Tarnas, Hussey, Tam, Gedeon; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none. |
| May 1, 2026 | The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Fukunaga, McKelvey, Lee, C., Rhoads; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Apr 30, 2026 | Conference committee meeting to reconvene on 05-01-26 3:30PM; Conference Room 016. |
| Apr 29, 2026 | Conference committee meeting to reconvene on 04-30-26 3:30PM; CR 016. |
| Apr 28, 2026 | Conference committee meeting scheduled for 04-29-26 3:30PM; Conference Room 016. |
| Apr 27, 2026 | Received notice of Senate conferees (Sen. Com. No. 782). |
| Apr 27, 2026 | Senate Conferees Appointed: Fukunaga Chair; McKelvey, Lee, C., Rhoads Co-Chairs. |
| Apr 20, 2026 | Received notice of appointment of House conferees (Hse. Com. No. 786). |
| Apr 20, 2026 | House Conferees Appointed: Ilagan, Tarnas, Hussey Co-Chairs; Tam, Gedeon. |
| Apr 17, 2026 | Received notice of disagreement (Hse. Com. No. 780). |
| Apr 16, 2026 | House disagrees with Senate amendment (s). |
| Apr 14, 2026 | Returned from Senate (Sen. Com. No. 632) in amended form (SD 1). |
| Apr 14, 2026 | Report Adopted; Passed Third Reading. Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, Fevella). Excused, 0 (none). Transmitted to House. |
| Apr 10, 2026 | One Day Notice 04-14-26. |
| Apr 10, 2026 | Reported from WAM/JDC (Stand. Com. Rep. No. 3733) with recommendation of passage on Third Reading. |
| Apr 8, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Apr 8, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai; Aye(s) with reservations: none ; 1 No(es): Senator(s) Fevella; and 0 Excused: none. |
| Apr 6, 2026 | The committee(s) on WAM/JDC will hold a public decision making on 04-08-26 10:15AM; Conference Room 211 & Videoconference. |
| Mar 25, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM/JDC. |
| Mar 25, 2026 | Reported from PSM/GVO (Stand. Com. Rep. No. 3186) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM/JDC. |
| Mar 19, 2026 | The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in PSM were as follows: 2 Aye(s): Senator(s) Fukunaga, Hashimoto; Aye(s) with reservations: none ; 1 No(es): Senator(s) DeCorte; and 2 Excused: Senator(s) Lee, C., Inouye. |
| Mar 19, 2026 | The committee(s) on GVO recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in GVO were as follows: 4 Aye(s): Senator(s) McKelvey, Gabbard, Hashimoto, Moriwaki; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none. |
| Mar 16, 2026 | The committee(s) on PSM/GVO has scheduled a public hearing on 03-19-26 3:05PM; Conference Room 225 & Videoconference. |
| Mar 12, 2026 | Referred to PSM/GVO, WAM/JDC. |
| Mar 12, 2026 | Passed First Reading. |
| Mar 12, 2026 | Received from House (Hse. Com. No. 304). |
| Mar 10, 2026 | Passed Third Reading with Representative(s) Kila, Reyes Oda voting aye with reservations; Representative(s) Alcos, Garcia, Gedeon, Kong, Matsumoto, Muraoka, Shimizu voting no (7) and Representative(s) Pierick excused (1). Transmitted to Senate. |
| Mar 6, 2026 | Reported from FIN (Stand. Com. Rep. No. 1116-26), recommending passage on Third Reading. |
| Mar 5, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 13 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Templo, Yamashita; Ayes with reservations: Representative(s) Reyes Oda; 2 Noes: Representative(s) Alcos, Gedeon; and 1 Excused: Representative(s) Perruso. |
| Mar 3, 2026 | Bill scheduled to be heard by FIN on Thursday, 03-05-26 2:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 20, 2026 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with Representative(s) Gedeon, Reyes Oda voting aye with reservations; Representative(s) Alcos, Garcia, Matsumoto, Muraoka, Pierick, Shimizu voting no (6) and Representative(s) Quinlan excused (1). |
| Feb 20, 2026 | Reported from JHA (Stand. Com. Rep. No. 742-26) as amended in HD 2, recommending referral to FIN. |
| Feb 13, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Sayama; Ayes with reservations: none; 2 Noes: Representative(s) Garcia, Shimizu; and 2 Excused: Representative(s) Cochran, Takayama. |
| Feb 11, 2026 | Bill scheduled to be heard by JHA on Friday, 02-13-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 11, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Reyes Oda voting aye with reservations; Representative(s) Alcos, Garcia, Gedeon, Matsumoto, Muraoka, Pierick voting no (6) and Representative(s) Holt excused (1). |
| Feb 11, 2026 | Reported from ECD (Stand. Com. Rep. No. 150-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Feb 6, 2026 | The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Ilagan, Hussey, Holt, Tam, Templo, Yamashita; Ayes with reservations: Representative(s) Gedeon; Noes: none; and Excused: none. |
| Feb 2, 2026 | Bill scheduled to be heard by ECD on Friday, 02-06-26 8:30AM in House conference room 423 VIA VIDEOCONFERENCE. |
| Jan 26, 2026 | Referred to ECD, JHA, FIN, referral sheet 2 |
| Jan 26, 2026 | Introduced and Pass First Reading. |
| Jan 23, 2026 | Pending introduction. |
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Date
|
Description
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Location
|
Votes
|
|
|---|---|---|---|---|
| May 6, 2026 | Final Reading | House Floor |
Passed |
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| May 6, 2026 | Final Reading | Senate Floor |
Passed |
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| Apr 14, 2026 | Third Reading | Senate Floor |
Passed |
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| Apr 8, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Judiciary |
Passed |
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| Apr 8, 2026 | The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Ways and Means |
Passed |
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| Mar 19, 2026 | The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Public Safety and Military Affairs |
Passed |
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| Mar 19, 2026 | The committee(s) on GVO recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Government Operations |
Passed |
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| Mar 10, 2026 | Third Reading | House Floor |
Passed |
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| Mar 5, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
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| Feb 13, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Feb 6, 2026 | The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Economic Development & Technology |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
|
|---|---|---|
| ACLU of Hawaiʻi | *** Support | Apr 7, 2026 |
| ACOG Hawaiʻi | *** Support | Mar 5, 2026 |
| ACOG Hawaiʻi Section | *** Support | Feb 6, 2026 |
| American College of Obstetricians and Gynecologists (ACOG) Hawaiʻi Section | *** Support | Apr 7, 2026 |
| American College of Obstetricians and Gynecologists Hawaiʻi Section (ACOG Hawaiʻi) | *** Support | Mar 19, 2026 |
| American College of Obstetricians and Gynecologists, Hawaiʻi Section | ** Support | |
| Board of Education | *** Support | Apr 7, 2026 |
| Center for Law and Social Policy (CLASP) | *** Support | Apr 7, 2026 |
| Community Alliance on Prisons | *** Support | Mar 19, 2026 |
| Democratic Party of Hawaiʻi Education Caucus | ** Support | |
| El Pueblo en Acción (EPA) Maui | *** Support | Apr 7, 2026 |
| Faith Action for Community Equity | *** Support | Mar 19, 2026 |
| Fujiwara & Rosenbaum, LLLC | ** Support | |
| Green Party of Hawaiʻi | ** Support | |
| Hawaii Appleseed Center for Law & Economic Justice | ** Support | |
| Hawaii Coalition for Civil Rights | *** Support | Mar 5, 2026 |
| Hawaii Filipino Lawyers Association (HFLA) | *** Support | Apr 7, 2026 |
| Hawaii State Coalition Against Domestic Violence | ** Support | |
| Hawaii State Commission on the Status of Women | *** Support | Apr 7, 2026 |
| Hawaiʻi Alliance for Progressive Action | ** Support | |
| Hawaiʻi Children's Action Network Speaks! | *** Support | Mar 19, 2026 |
| Hawaiʻi Children’s Action Network (HCAN) Speaks! | *** Support | Apr 7, 2026 |
| Hawaiʻi Coalition for Civil Rights | ** Support | |
| Hawaiʻi Coalition for Immigrant Rights (HCIR) | *** Support | Apr 7, 2026 |
| Hawaiʻi State Public Library System | *** Support | Mar 19, 2026 |
| Hawai‘i Alliance of Nonprofit Organizations (HANO) | *** Support | Apr 7, 2026 |
| Hawai‘i Coalition for Civil Rights (HCCR) | *** Support | Feb 6, 2026 |
| Hawai‘i County Council (Council Member, District 2) | *** Support | Feb 6, 2026 |
| Hawai‘i County Council - Council Member District 2 | *** Support | Mar 5, 2026 |
| Hawai‘i County Council - District 2 | *** Support | Apr 7, 2026 |
| Healthcare Association of Hawaii | *** Support | Apr 7, 2026 |
| Honolulu Hawaii NAACP | ** Support | |
| HULI PAC | ** Support | |
| Imua Alliance | *** Support | Apr 7, 2026 |
| Independent Living Hawaii (AILH) | *** Support | Apr 7, 2026 |
| Indivisible Hawaii State Network (IHSN) | *** Support | Apr 7, 2026 |
| Indivisible Hawaiʻi | *** Support | Apr 7, 2026 |
| Kona Indivisible | *** Support | Apr 7, 2026 |
| League of Women Voters of Hawaii | *** Support | Apr 7, 2026 |
| League of Women Voters of Hawai’i County | *** Support | Apr 7, 2026 |
| Maui Immigration Law, LLC | *** Support | Feb 6, 2026 |
| Mercado de la Raza | *** Support | Mar 5, 2026 |
| Mercardo de la Raza | ** Support | |
| NAACP Honolulu Hawaii | *** Support | Feb 6, 2026 |
| Office of the Public Defender | ** Support | |
| Pacific Gateway Center | ** Support | |
| Pride at Work Hawaiʻi | ** Support | |
| Pride at Work – Hawai‘i | *** Support | Feb 6, 2026 |
| Roots Reborn | *** Support | Apr 7, 2026 |
| The Legal Clinic | *** Support | Mar 19, 2026 |
| Unite Here Local 5 | *** Support | Apr 7, 2026 |
| UNITE HERE Local 5 | *** Support | Feb 13, 2026 |
| University of Hawaii Community College (individual faculty) | *** Support | Feb 6, 2026 |
| University of Hawaii Professional Assembly (UHPA) | *** Support | Apr 7, 2026 |
| Waiākea High School (student) | *** Support | Feb 6, 2026 |
| Waipahu Safe Haven Immigrant/Migrant Resource Center | *** Support | Mar 19, 2026 |
| Wesley United Methodist Church | ** Support |
STAND. COM. REP. NO. 1116-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1870
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Finance, to which was referred H.B. No. 1870, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PROTECTED COMMUNITY LOCATIONS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish statewide standards for state and county agencies, officers, employees, and contractors to limit participation in civil immigration enforcement in or near protected community locations;
(2) Require all state and county agencies that operate protected community locations to adopt and post written policies, provide annual staff training, and maintain data privacy protections by January 1, 2027; and
(3) Appropriate funds to the Department of the Attorney General to implement this measure, including by providing model policies, training materials, and a reporting portal.
Your Committee received testimony in support of this measure from the Office of the Public Defender; Board of Education; Hawaii State Commission on the Status of Women; one member of the Hawaiʻi County Council; University of Hawaii Professional Assembly; American Civil Liberties Union of Hawaiʻi; Healthcare Association of Hawaii; Democratic Party of Hawaiʻi Education Caucus; Hawaiʻi Coalition for Civil Rights; The Legal Clinic; American College of Obstetricians and Gynecologists, Hawaiʻi Section; Hawaiʻi Alliance of Nonprofit Organizations; Hawaiʻi Coalition for Immigrant Rights; Indivisible Hawaiʻi Statewide Network; Mercardo de la Raza; Fujiwara & Rosenbaum, LLLC; Imua Alliance; Roots Reborn; El Pueblo en Acción Maui; Hawaiʻi Children's Action Network Speaks!; and numerous individuals. Your Committee received comments on this measure from the Department of Education and University of Hawaiʻi System.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1870, H.D. 2, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ CHRIS TODD, Chair |
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STAND. COM. REP. NO. 742-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1870
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1870, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO PROTECTED COMMUNITY LOCATIONS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish statewide standards for state and county agencies, officers, employees, and contractors, to limit participation in civil immigration enforcement in or near protected community locations; and
(2) Appropriate funds to the Department of the Attorney General to implement this measure, including by providing model policies, training materials, and a reporting portal.
Your Committee received testimony in support of this measure from the Office of the Public Defender; Hawaii State Commission on the Status of Women; one member of the Hawaiʻi County Council; Healthcare Association of Hawaii; Hawaiʻi Alliance of Nonprofit Organizations; Imua Alliance; Roots Reborn; El Pueblo en Acción Maui; Hawaiʻi Children's Action Network Speaks!; UNITE HERE Local 5; League of Women Voters of Hawaiʻi County; American College of Obstetricians and Gynecologists, Hawaiʻi Section; The Legal Clinic; Hawaiʻi Coalition for Immigrant Rights; Pacific Gateway Center; American Civil Liberties Union of Hawaiʻi; Center for Law and Social Policy; and numerous individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the University of Hawaiʻi System; Department of Education; and University of Hawaii Professional Assembly.
Your Committee finds that community spaces must remain safe and accessible so that residents can obtain essential services without fear or hesitation. Your Committee further finds that recent changes in federal guidance regarding civil immigration enforcement have created uncertainty for state and county agencies, underscoring the need for clear, uniform statewide standards consistent with the State's police powers to protect public health, safety, welfare, and civil rights. This measure will promote public trust and support the effective delivery of public services statewide while ensuring compliance with federal law and judicial warrants.
Your Committee has amended this measure by:
(1) Clarifying that the definition of "state contractor" applies only to entities entering into contracts, grants, agreements, or other arrangements after the effective date of this measure;
(2) Clarifying that the limitations on assistance with civil immigration enforcement do not prohibit actions otherwise required by federal or state law;
(3) Requiring the Attorney General to publish model policies for adoption by all state and county agencies that operate protected community locations;
(4) Clarifying the data privacy provisions by removing the prohibition on maintaining information and deleting language regarding authorized disclosure;
(5) Amending the enforcement provisions by removing the requirement to issue penalties and clarifying that no finding of a violation shall be issued against a state actor who acts in good faith reliance on an apparently valid judicial warrant or under duress or reasonable fear for safety;
(6) Clarifying the scope of the measure by removing references to individuals providing state-funded services;
(7) Clarifying statewide applicability by replacing amendments to individual agency chapters with amendments to general state and county administration chapters;
(8) Clarifying that the measure is of statewide concern and does not restrict the University of Hawaii from complying with mandatory federal contractor certifications or other conditions tied to federal funding; and
(9) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1870, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1870, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 150-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1870
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Economic Development & Technology, to which was referred H.B. No. 1870 entitled:
"A BILL FOR AN ACT RELATING TO PROTECTED COMMUNITY LOCATIONS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish statewide standards for state and county agencies, officers, and employees, and recipients of state funds, to limit participation in civil immigration enforcement in or near protected community locations;
(2) Require the Department of Education, State Public Charter School Commission, University of Hawaii, Hawaii Health Systems Corporation, Hawaii State Public Library System, and Hawaii Emergency Management Agency to adopt and post written policies, provide annual staff training, and maintain data privacy protections; and
(3) Appropriate funds to the Attorney General for implementation of this measure.
Your Committee received testimony in support of this measure from the Hawaiʻi State Public Library System; two members of the Hawaiʻi County Council; Hawaiʻi Coalition for Immigrant Rights; Pacific Gateway Center; Hawaiʻi Alliance of Nonprofit Organizations; Honolulu Hawaii NAACP; Wesley United Methodist Church; Healthcare Association of Hawaii; Hawaiʻi Children's Action Network Speaks!; The American College of Obstetricians and Gynecologists, Hawaii Section; American Civil Liberties Union; Pride at Work Hawaiʻi; League of Women Voters of Hawaii; The Legal Clinic; Hawaii State Coalition Against Domestic Violence; Hawaii Appleseed Center for Law & Economic Justice; Hawaiʻi Alliance for Progressive Action; Imua Alliance; Roots Reborn; HULI PAC; Green Party of Hawaiʻi; American Civil Liberties Union of Hawaiʻi; University of Hawaii Professional Assembly; and numerous individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Education; University of Hawaiʻi System; Hawaiʻi Emergency Management Agency; and State Public Charter School Commission.
Your Committee finds that schools, health care facilities, libraries, shelters, and places of worship must remain safe and accessible to all residents seeking essential services. Your Committee further finds that in January 2025, the United States Department of Homeland Security rescinded prior guidance regarding protecting sensitive or protected locations, which has created uncertainty and may deter individuals from accessing critical public services. This measure helps ensure that nonprofits, schools, health care facilities, churches, and other community locations can continue to function as trusted, safe spaces where people can seek help without fear.
Your Committee has amended this measure by:
(1) Expanding the definition of "immigration detainer" to include requests to county agencies;
(2) Expanding the definition of "protected community location" to include any facility operated by the State or a county;
(3) Amending the definition of "state actor", adding a definition for "state contractor", and expanding all references to state actors to include state contractors;
(4) Requiring all state and county agencies that operate protected community locations to adopt and post written policies by January 1, 2027;
(5) Amending the required contents of the written policies;
(6) Requiring the attorney general to adopt policies regarding complaints, investigations, findings, and penalties;
(7) Deleting the civil penalties, private right of action, and retaliation prohibition;
(8) Removing a provision related to the recission of federal immigration enforcement policies;
(9) Changing its effective date to July 1, 3000, to encourage further discussion; and
(10) 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 an appropriation amount of $500,000.
Your Committee notes that other than the appropriation section, the intended implementation date of this measure is January 1, 2027.
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. 1870, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1870, 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,
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____________________________ GREGGOR ILAGAN, Chair |
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Date
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Testimony PDF
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| Apr 7, 2026 | HB1870_SD1_TESTIMONY_WAM-JDC_04-08-26_.PDF |
| Mar 19, 2026 | HB1870_HD2_TESTIMONY_GVO-PSM_03-19-26_.PDF |
| Mar 5, 2026 | HB1870_HD2_TESTIMONY_FIN_03-05-26_.PDF |
| Feb 13, 2026 | HB1870_HD1_TESTIMONY_JHA_02-13-26_.PDF |
| Feb 6, 2026 | HB1870_TESTIMONY_ECD_02-06-26_.PDF |
Discussed in Hearing
24SEC
Senate Floor
3MIN
Conference Committee
1MIN
Conference Committee
1MIN
Conference Committee
30SEC
Senate Standing Committee on Ways and Means
30SEC
Senate Standing Committee on Judiciary
18MIN
Senate Standing Committee on Public Safety and Military Affairs
3MIN
