HB 440: RELATING TO IMMIGRATION.

A BILL FOR AN ACT

RELATING to immigration.

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 further finds that approximately seven per cent of Hawaii public school students have at least one parent who is an undocumented immigrant.  Education is critically important to the proper acculturation and adaptation to living in Hawaii and the United States.  Schools should be a safe and secure location for students to learn and grow.

     The legislature also finds that the Hawaii health systems corporation is the safety net for acute care on the neighbor islands and long-term care throughout the State.  As a safety net system of hospitals and providers, the Hawaii health systems corporation provides services regardless of whether an individual has health insurance or the ability to pay.  The Hawaii health systems corporation operates eight hundred and forty-seven licensed beds in facilities located on four different islands and is affiliated with three nonprofits on Oahu, Maui, and Hawaii island and plays a critical role in supporting the health care needs of the State's immigrant population.

     The legislature additionally finds that 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, 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 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 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, and because of Hawaii's strong due process and civil rights protections for all, it is essential to ensure that immigrants and migrants are provided due process and civil rights protections in the State's public schools and while receiving care in the State's safety net health care facilities.

     Accordingly, the purpose of this Act is to prohibit certain covered educational entities and Hawaii health systems corporation facilities from collecting information regarding citizenship or immigration status or allowing officers of Immigration and Customs Enforcement to enter certain facilities except under 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

Due Process Immigration status protections in certain educational and health facilities

     §   -1  Definitions.  As used in this chapter:

     "Affiliated facility" means an affiliate of the Hawaii health systems corporation.

     "Charter school" has the same meaning as in section 302D-1.

     "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 detention of an individual suspected of violating civil immigration law.

     "Complex area superintendent" has the same meaning as in section 302A-101.

     "Covered educational entity" means department of education facilities, department schools, and charter schools.

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

     "Department school" has the same meaning as in section 302A-101.

     "Hawaii health systems corporation facility" means any facility owned or operated by the Hawaii health systems corporation or any of its regional system boards or an affiliated facility.

     "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.

     "Superintendent" has the same meaning as in section 302A-101.

     §   -2  Due process in covered educational entity facilities.  (a)  Except as required by federal or state law or judicial warrant or as required to administer a federally or state supported educational program, school officials and employees of a covered educational entity shall not:

     (1)  Collect information or documents regarding citizenship or immigration status of pupils or their family members; or

     (2)  Allow an officer or employee of Immigration and Customs Enforcement to enter a covered educational entity facility for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and receiving approval from the superintendent or the superintendent's designee, complex area superintendent or the complex area superintendent's designee, and principal of the department school or charter school or principal's designee.

     (b)  If an officer or employee of Immigration and Customs Enforcement meets the requirements provided in subsection (a), the covered educational entity shall limit access to facilities where pupils are not present.

     (c)  The superintendent or the superintendent's designee, complex area superintendent or the complex area superintendent's designee, and principal of the department school or charter school or the principal's designee shall immediately report to the board of education or public charter school commission, as applicable, any requests for information or access to a covered educational entity by Immigration and Customs Enforcement for the purpose of enforcing immigration laws, including but not limited to civil immigration detainers, civil immigration warrants, or immigration holds, in a manner that ensures the confidentiality of any potentially identifying information.

     (d)  The covered educational entity shall:

     (1)  Provide information to parents and guardians, as appropriate, regarding their child's right to a free public education, regardless of immigration status; and

     (2)  Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status.

     (e)  This section shall not prohibit the board of education, the public charter school commission, or a covered educational entity from establishing additional standards and protections.

     §   -3  Due process in Hawaii health systems corporation facilities.  (a)  Except as required by federal or state law or judicial warrant, officials and employees of a Hawaii health systems corporation facility shall not:

     (1)  Collect information or documents regarding citizenship or immigration status of patients and visitors; or

     (2)  Allow an officer or employee of Immigration and Customs Enforcement to enter a facility for any purpose without providing valid identification, a written statement of purpose, and a valid judicial warrant, and receiving approval from the president and chief executive officer of the Hawaii health systems corporation or the president and chief executive officer's designee; the regional chief executive officer of the respective Hawaii health systems corporation regional board or the chief administrator of an affiliated facility, as applicable, or their designee; and the attending physician, as applicable.

     (b)  If an officer or employee of Immigration and Customs Enforcement meets the requirements provided in subsection (a), the Hawaii health systems corporation facility shall limit access to areas where patients are not present.

     (c)  The president and chief executive officer of the Hawaii health systems corporation or the president and chief executive officer's designee; the regional chief executive officer of the respective Hawaii health systems corporation regional board or the chief administrator of an affiliated facility, as applicable, or their designee; and the attending physician shall immediately report to the board of directors of the Hawaii health systems corporation any requests for information or access to a Hawaii health systems corporation facility by Immigration and Customs Enforcement for the purpose of enforcing immigration laws, including but not limited to civil immigration detainers, civil immigration warrants, or immigration holds, in a manner that ensures the confidentiality and privacy of any potentially identifying information.

     (d)  This section shall not prohibit the Hawaii health systems corporation or any of its regional system boards or an affiliated facility from establishing additional standards and protections."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

Filipino Caucus; Immigration Status; Citizenship Status; Due Process; Immigration and Customs Enforcement; Public Schools; Charter Schools; Hawaii Health Systems Corporation

Description:

Prohibits certain covered educational entities and Hawaii Health Systems Corporation facilities from collecting information regarding citizenship or immigration status or allowing officers of Immigration and Customs Enforcement to enter certain facilities, except under 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.