HB 22: RELATING TO COLLABORATION WITH THE FEDERAL GOVERNMENT.

A BILL FOR AN ACT

relating to collaboration with the federal government.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that according to a report published by the American Immigration Council in 2020, Hawaii is home to 266,147 immigrants, including forty-five thousand undocumented immigrants.  The legislature further finds that Hawaii is justifiably 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 also finds that while immigration is a federal function, state and local agencies have significant discretion regarding whether and how to respond to requests for collaboration and assistance from federal immigration authorities.  The enforcement of immigration law is carried out by Immigration and Customs Enforcement and Customs and Border Protection, both of which are agencies of the United States Department of Homeland Security.  Federal law does not require state and local entities to collect or share information with Immigration and Customs Enforcement and 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 additionally finds that the federal government should not shift the financial burden of federal civil immigration enforcement, including personnel time and costs relating to notification and detention, onto local law enforcement by requesting that local law enforcement agencies continue detaining persons based on non-mandatory civil immigration detainers or cooperating and assisting with requests to notify Immigration and Customs Enforcement that a person will be released from local custody.  Furthermore, the legislature does not believe this is a wise and effective use of valuable, limited state and local resources at a time when vital services are already overburdened.

     Moreover, the legislature finds that civil immigration detainers are issued by immigration officers without judicial oversight, and the federal regulation authorizing civil immigration detainers provides no minimum standard of proof for their issuance.  As a result, there are serious questions concerning their constitutionality.  Unlike criminal warrants, which must be supported by probable cause and issued by judges, no such requirements exist for the issuance of a civil immigration detainer.  Several federal courts have ruled that because civil immigration detainers and other Immigration and Customs Enforcement "Notice of Action" documents are issued without probable cause of criminal conduct, they do not meet the Fourth Amendment requirements for state or local law enforcement officials to arrest and hold an individual in custody.  Complying with non-mandatory civil immigration detainers frequently raises due process concerns.

     In addition, the legislature finds that because Hawaii is home to people of diverse ethnic, racial, and national backgrounds, including immigrants who are valuable and important members of our community, it is essential to the public safety of all residents that there is a relationship of trust and cooperation among all members of the community, including immigrants, migrants, and the local law enforcement community.  This relationship, which is essential to community policing, is undermined when local law enforcement agencies voluntarily act at the request of federal immigration officials to enforce federal immigration laws.

     Therefore, the purpose of this Act is to permit state and county law enforcement agencies to collaborate with the federal government for immigration purposes only in limited, specific circumstances.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

IMMIGRATION; COLLABORATION WITH FEDERAL GOVERNMENT

     §   -1  Definitions.  As used in this chapter, unless the context otherwise requires:

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

     "Customs and Border Protection" means United States Customs and Border Protection, a component of the United States Department of Homeland Security.

     "Hawaii law enforcement agency" means any agency of the State or a county, or any officer of those agencies, that 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 juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities.

     "Immigration and Customs Enforcement" means United States Immigration and Customs Enforcement, a component of the United States Department of Homeland Security.

     "Judicial warrant" means a warrant based on probable cause and issued by a federal judge or a federal magistrate judge appointed under Article III of the United States Constitution who authorizes federal immigration authorities to take into custody the individual who is the subject of the warrant. "Judicial warrant" shall not include a civil immigration warrant, administrative warrant, or other document signed only by Immigration and Customs Enforcement or Customs and Border Protection officials.

     §   -2  Prohibition against honoring detainer requests; exceptions.  (a)  No Hawaii law enforcement agency shall comply with a civil immigration detainer from Immigration and Customs Enforcement or Customs and Border Protection to detain or transfer an individual for immigration enforcement or investigation purposes; provided that the Hawaii law enforcement agency may respond affirmatively if the detainer request is accompanied by a judicial warrant or as provided in subsection (b).

     (b)  A Hawaii law enforcement agency may detain an individual for up to forty-eight hours on a civil immigration detainer request in the absence of a judicial warrant in the follow circumstances:

     (1)  The individual has been convicted of a felony within five years prior to the date of the official request; or

     (2)  There is probable cause to believe that the individual has or is engaged in terrorist activity.

     §   -3  Prohibition against requests for information; exceptions.  (a)  No Hawaii law enforcement agency shall comply with any request from Immigration and Customs Enforcement or Customs and Border Protection for non-public information about an individual, including but not limited to information about an individual's release, home address, or work address, except as provided in subsection (b).

     (b)  A Hawaii law enforcement agency may comply with an information request in the following circumstances:

     (1)  The information request is accompanied by a judicial warrant;

     (2)  The individual has been convicted of a felony within five years prior to the date of the official request;

     (3)  The individual has been arrested for a felony and a judge has made a finding of probable cause pursuant to section 805-7; or

     (4)  The individual has been convicted as a repeat offender of any misdemeanor specified in section 706-606.5(5) within three years prior to the date of the request.

     (c)  A Hawaii law enforcement agency shall limit the information collected from individuals concerning immigration or citizenship status to that information necessary to perform the duties of the agency.

     (d)  Nothing in this section shall prohibit a Hawaii law enforcement agency from:

     (1)  Sharing and receiving from any federal, state, or county agency information regarding an individual's country of citizenship or a statement of the individual's immigration status pursuant to title 8 United States Code section 1373;

     (2)  Disclosing information where disclosure of that information is otherwise required by state law or pursuant to subpoena or court order; or

     (3)  Disclosing information about an individual's juvenile arrests or delinquency or youthful offender adjudications, where disclosure of that information about the individual is otherwise required by law or pursuant to subpoena or court order.

     §   -4  Counties; stronger standards and protections.  Nothing in this chapter shall be construed to prohibit any county from establishing stronger standards and protections than those provided by this chapter."

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Immigration; Collaboration with Federal Government; Law Enforcement Agencies

Description:

Allows state and county law enforcement agencies to collaborate with the federal government for immigration purposes in only limited, specific circumstances.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  250

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 22

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. 22 entitled:

"A BILL FOR AN ACT RELATING TO COLLABORATION WITH THE FEDERAL GOVERNMENT,"

begs leave to report as follows:

     The purpose of this measure is to allow state and county law enforcement agencies to collaborate with United States Immigration and Customs Enforcement and Customs and Border Protection for immigration purposes in only limited, specific circumstances.

     Your Committee received testimony in support of this measure from the Office of the Prosecuting Attorney of the County of Kauaʻi; Office of the Public Defender; one member of the Hawaiʻi County Council; one member of the Honolulu City Council; IATSE Local 665; The Legal Clinic; Indivisible Hawaii; Hawaiʻi Coalition for Immigrant Rights; Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; HCANSpeaks!; Fujiwara & Rosenbaum, LLLC; COFACAN; North Hawaii Community Action Network; ACLU Hawaiʻi; Hawaiʻi Friends of Civil Rights; UNITE HERE Local 5; Filipino Chamber of Commerce Hawaii; Roots Reborn; Hawaii State AFL-CIO; Tagnawa; Catholic Charities Hawaiʻi; Imua Alliance; Education Caucus of the Democratic Party of 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 one individual.

     Your Committee finds that several federal courts have ruled that civil immigration detainers are unconstitutional.  Your Committee further finds that federal law does not require state and local entities to collect or share information with Immigration and Customs Enforcement and Customs and Border Protection.  This measure allows state and county law enforcement agencies to collaborate with Immigration and Customs Enforcement and Customs and Border Protection for immigration purposes in only limited, specific circumstances.

     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. 22 and recommends that it pass Second Reading and be referred to your Committee on Judiciary & Hawaiian Affairs.

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