SB 2057: State Law Enforcement Agencies; County Law Enforcement Agencies; Law Enforcement Officials; Federal Immigration Authorities; Prohibition; Immigration Enforcement

A BILL FOR AN ACT

RELATING TO LAW ENFORCEMENT.

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

     SECTION 1.  The legislature finds that the State is committed to ensuring that all Hawaii residents are treated equally notwithstanding race, religion, national origin, disability status, sexual orientation, gender, or immigration status.

     The legislature further finds that all Hawaii residents are entitled to live in dignity and without fear.  The legislature also finds that immigrants are valuable and essential members of the community and should be able to live full and productive lives without fear of the government.

     Furthermore, the legislature finds that a relationship of trust between the State's immigrant community and state and county agencies is central to the public safety of the people of Hawaii.  This trust is threatened when state and county agencies are entangled with federal immigration enforcement, with the result that immigrant community members fear going to court, seeking basic health or other services, or pursuing education to the detriment of public safety and the well-being of all residents.

     Therefore, the purpose of this Act is to prohibit:

     (1)  Any state or county law enforcement agency or law enforcement official from entering into an agreement under title 8 United States Code section 1357(g) or any other federal law that permits state or county agencies to engage in immigration enforcement; and

     (2)  State and county law enforcement agencies and law enforcement officials from engaging in certain immigration-related actions, except under limited 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 ENFORCEMENT; PROHIBITIONS

     §   -1  Definitions.  As used in this chapter:

     "Federal immigration authority" means any federal officer, employee, or person performing immigration enforcement functions.

     "Hold request" means a request by any federal immigration authority that a state or county law enforcement agency maintain custody of an individual currently in its custody beyond the time the individual would otherwise be eligible for release in order to facilitate transfer to the federal immigration authority.

     "Immigration enforcement" includes any effort to investigate, enforce, or assist in the investigation or enforcement of:

     (1)  Any federal civil immigration law; or

     (2)  Any federal criminal immigration law that penalizes a person's presence in, entry into, reentry into, or employment in the United States, including but not limited to violations of title 8 United States Code sections 1253, 1304, 1306(a) and (b), 1325, or 1326.

     "Law enforcement agency" means any agency in the State charged with enforcing state or county laws or ordinances, operating correctional facilities or juvenile detention facilities, or maintaining custody of individuals in correctional facilities or juvenile detention facilities.

     "Law enforcement official" means an officer or agent of a law enforcement agency.

     §   -2  Immigration enforcement agreements; prohibited.  No law enforcement agency or law enforcement official shall enter into an agreement under title 8 United States Code section 1357(g) or any other federal law that permits state or county agencies to engage in immigration enforcement.

     §   -3  Prohibited actions by law enforcement agencies or law enforcement officials.  Except as required by federal or state law, no law enforcement agency or law enforcement official shall:

     (1)  Inquire about the citizenship or immigration status of an individual, unless there is a connection between such information and an investigation into a violation of state or county criminal law;

     (2)  Provide information pursuant to notification requests from federal immigration authorities for the purposes of immigration enforcement;

     (3)  Provide non-publicly available personal information to federal immigration authorities about an individual in a noncriminal matter;

     (4)  Allow federal immigration authorities access to interview individuals about federal immigration violations while the individuals are in custody, except as required by law or by court order, unless the individuals consent in writing to be interviewed;

     (5)  Detain an individual on the basis of a hold request;

     (6)  Transfer an individual to federal immigration authorities, unless authorized by a judicial warrant or judicial determination of probable cause; or

     (7)  Otherwise assist or cooperate with or allow time, money, facilities, property, equipment, vehicles, personnel, databases, surveillance technology, communication systems, or other resources to be used to facilitate federal immigration authorities in an operation for the purpose of civil immigration enforcement.

     §   -4  Construction; federal law.  Nothing in this chapter shall be construed to prohibit:

     (1)  A law enforcement official from performing the law enforcement official's duties under state law, including investigating or enforcing state criminal laws;

     (2)  Compliance with a judicial warrant, court order, or subpoena; or

     (3)  The provision of information or assistance expressly required by federal or state law, including any mandatory information-sharing duty, or in accordance with title 8 United States Code sections 1373 and 1644."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

Report Title:

State Law Enforcement Agencies; County Law Enforcement Agencies; Law Enforcement Officials; Federal Immigration Authorities; Prohibition; Immigration Enforcement

Description:

Prohibits any law enforcement agency or law enforcement official from entering into an agreement under federal law that permits state or county agencies to engage in immigration enforcement.  Prohibits law enforcement agencies and law enforcement officials from engaging in certain immigration-related actions, except under limited circumstances.  (CD1)

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

A BILL FOR AN ACT

RELATING TO LAW ENFORCEMENT.

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

     SECTION 1.  Chapter 139, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§139-    Federal law enforcement collaboration; prohibited.  (a)  Except as required by federal or state law, no law enforcement officer shall use any personnel or funds originating in the State to assist or facilitate:

     (1)  Federal immigration agents for the purpose of civil immigration enforcement; or

     (2)  Conduct by federal immigration agents that exceeds their law enforcement duty or authority.

     (b)  Except as required by federal or state law, no law enforcement officer shall assist or cooperate with or allow time, money, facilities, property, equipment, vehicles, personnel, databases, surveillance technology, communication systems, or other resources to be used to facilitate federal immigration agents in an operation for the purpose of civil immigration enforcement or that seeks to identify, arrest, or impose any other criminal or civil penalty on a person or entity for:

     (1)  Activities protected by the First Amendment of the United States Constitution; or

     (2)  Immigration enforcement purposes, including immigration enforcement that occurs at or near a school, health facility, place of worship, or courthouse.

     (c)  Nothing in this section shall be construed to prohibit:

     (1)  A law enforcement officer from performing the law enforcement officer's duties under state law, including investigating or enforcing state criminal laws;

     (2)  Compliance with a judicial warrant, court order, or subpoena; or

     (3)  The provision of information or assistance expressly required by federal or state law, including any mandatory information-sharing duty or in accordance with title 8 United States Code section 1373 and 1644.

     (d)  For the purposes of this section:

     "Activities protected by the First Amendment of the United States Constitution" includes:

     (1)  Nonviolent speech, assembly, and protest, including marches, rallies, vigils, and demonstrations;

     (2)  Recording, photographing, or livestreaming law enforcement activity in a public place; provided that the person does not physically interfere with lawful law enforcement activity; and

     (3)  Verbal criticism of, or speaking to, law enforcement officers, including speech that is impolite, offensive, or profane; provided that the conduct does not constitute a true threat or otherwise fall outside the protections of the First Amendment.

     "Assist" means to provide operational support to a federal immigration agent, including:

     (1)  Helping plan, coordinate, staff, or execute an operation for civil immigration enforcement or that seeks to identify, arrest, or impose any other criminal or civil penalty on a person or entity for activities protected by the First Amendment of the United States Constitution; or

     (2)  For immigration enforcement purposes or activities protected by the First Amendment of the United States Constitution:

          (A)  Providing transportation, detention space, security, perimeter control, or access to nonpublic areas; or

          (B)  Directly participating in questioning, stops, detentions, or arrests.

     "At or near" means within two hundred feet of, or within the boundaries of, a school, health facility, place of worship, or courthouse, including adjacent sidewalks, parking areas, and access routes.  "At or near" includes circumstances where federal immigration agents are positioned to observe, question, stop, detain, or arrest persons entering, leaving, or present at the location.

     "Exceeds their law enforcement duty or authority" means conduct by a federal immigration agent that is outside the scope of authority granted by federal law or not supported by a judicial warrant or court order, including actions that a reasonable law enforcement officer would understand to be inconsistent with applicable constitutional requirements based on objective, articulable facts known at the time.  "Exceeds their law enforcement duty or authority" does not include a requirement that a law enforcement officer make a final determination of federal authority.

     "Facilitate" means to make easier or enable an operation for the purposes of civil immigration enforcement or that seeks to identify, arrest, or impose any other criminal or civil penalty on a person or entity for activities protected by the First Amendment of the United States Constitution by providing or allowing the use of time, money, facilities, property, equipment, vehicles, personnel, databases, surveillance technology, communications systems, or other resources, or by sharing nonpublic information not otherwise available to the public, except as required by federal law.

     "Federal immigration agent" means an officer, agent, or employee of the United States or any federal agency whose duties include the enforcement of federal immigration law, including United States Immigration and Customs Enforcement, United States Customs and Border Protection, and the Department of Homeland Security, and any person acting under their direction.

     "Law enforcement officer" means any employee or official of the State or a county who is authorized by law to enforce criminal or traffic laws, including a police officer, sheriff, deputy sheriff, or conservation and resources enforcement officer, and any other person acting in a law enforcement capacity for the State or a county."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

State Agencies; Law Enforcement; Federal Immigration Agents; Assistance; Prohibition; First Amendment; Immigration Enforcement

Description:

Prohibits law enforcement officers from using any personnel or funds originating in the State to assist or facilitate conduct by federal immigration agents that is for the purposes of civil immigration enforcement or exceeds their law enforcement duty or authority.  Prohibits law enforcement officers from assisting or cooperating with or allowing resources to be used to facilitate federal immigration agents engaged in operations with the purpose of civil immigration enforcement or that target individuals or entities engaged in certain activities.  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.

A BILL FOR AN ACT

RELATING TO LAW ENFORCEMENT.

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

     SECTION 1.  Chapter 139, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§139-    Federal law enforcement collaboration; prohibited.  (a)  Except as required by federal or state law, no law enforcement officer shall use any personnel or funds originating in the State to assist or facilitate:

     (1)  Federal immigration agents for the purpose of civil immigration enforcement; or

     (2)  Conduct by federal immigration agents that exceeds their law enforcement duty or authority.

     (b)  Except as required by federal or state law, no law enforcement officer shall assist or cooperate with or allow time, money, facilities, property, equipment, personnel, or other resources to be used to facilitate federal immigration agents in an operation for the purpose of civil immigration enforcement or that seeks to identify, arrest, or impose any other criminal or civil penalty on a person or entity for:

     (1)  Activities protected by the First Amendment of the United States Constitution; or

     (2)  Immigration enforcement purposes, including immigration enforcement that occurs at or near a school, health facility, place of worship, or courthouse.

     (c)  Nothing in this section shall be construed to prohibit:

     (1)  A law enforcement officer from performing the law enforcement officer's duties under state law, including investigating or enforcing state criminal laws;

     (2)  Compliance with a judicial warrant, court order, or subpoena; or

     (3)  The provision of information or assistance expressly required by federal or state law, including any mandatory information-sharing duty.

     (d)  For the purposes of this section:

     "Activities protected by the First Amendment of the United States Constitution" includes:

     (1)  Nonviolent speech, assembly, and protest, including marches, rallies, vigils, and demonstrations;

     (2)  Recording, photographing, or livestreaming law enforcement activity in a public place; provided that the person does not physically interfere with lawful law enforcement activity; and

     (3)  Verbal criticism of, or speaking to, law enforcement officers, including speech that is impolite, offensive, or profane; provided that the conduct does not constitute a true threat or otherwise violate any law.

     "Assist" means to provide operational support to a federal immigration agent, including:

     (1)  Helping plan, coordinate, staff, or execute an immigration enforcement operation; or

     (2)  For immigration enforcement purposes:

          (A)  Providing transportation, detention space, security, perimeter control, or access to nonpublic areas; or

          (B)  Directly participating in questioning, stops, detentions, or arrests.

     "At or near" means within two hundred feet of, or within the boundaries of, a school, health facility, place of worship, or courthouse, including adjacent sidewalks, parking areas, and access routes.  "At or near" includes circumstances where federal immigration agents are positioned to observe, question, stop, detain, or arrest persons entering, leaving, or present at the location.

     "Exceeds their law enforcement duty or authority" means conduct by a federal immigration agent that is outside the scope of authority granted by federal law or not supported by a judicial warrant or court order, including actions that a reasonable law enforcement officer would understand to be inconsistent with applicable constitutional requirements based on objective, articulable facts known at the time.  "Exceeds their law enforcement duty or authority" does not include a requirement that a law enforcement officer make a final determination of federal authority.

     "Facilitate" means to make easier or enable an immigration enforcement operation by providing or allowing the use of time, money, facilities, property, equipment, vehicles, personnel, databases, surveillance technology, communications systems, or other resources, or by sharing nonpublic information not otherwise available to the public, except as required by federal law.

     "Federal immigration agent" means an officer, agent, or employee of the United States or any federal agency whose duties include the enforcement of federal immigration law, including United States Immigration and Customs Enforcement, United States Customs and Border Protection, and the Department of Homeland Security, and any person acting under their direction.

     "Law enforcement officer" means any employee or official of the State or a county who is authorized by law to enforce criminal or traffic laws, including a police officer, sheriff, deputy sheriff, or conservation and resources enforcement officer, and any other person acting in a law enforcement capacity for the State or a county."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

State Agencies; Law Enforcement; Federal Immigration Agents; Assistance; Prohibition; First Amendment; Immigration Enforcement

Description:

Prohibits law enforcement officers from using any personnel or funds originating in the State to assist or facilitate conduct by federal immigration agents that is for the purposes of civil immigration enforcement or exceeds their law enforcement duty or authority.  Prohibits law enforcement officers from assisting or cooperating with or allowing resources to be used to facilitate federal immigration agents engaged in operations with the purpose of civil immigration enforcement or that target individuals or entities engaged in certain activities.  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.

A BILL FOR AN ACT

RELATING TO LAW ENFORCEMENT.

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

     SECTION 1.  Chapter 139, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§139-    Federal law enforcement collaboration; prohibited.  (a)  Except as required by federal or state law, no law enforcement officer shall use any personnel or funds originating in the State to assist or facilitate:

     (1)  Federal immigration agents for the purpose of civil immigration enforcement; or

     (2)  Conduct by federal immigration agents that exceeds their law enforcement duty or authority.

     (b)  Except as required by federal or state law, no law enforcement officer shall assist or cooperate with; or allow time, money, facilities, property, equipment, personnel, or other resources to be used to facilitate federal immigration agents in an operation with the purpose of civil immigration enforcement or that seeks to identify, arrest, or impose any other criminal or civil penalty on a person or entity for:

     (1)  Activities protected by the First Amendment of the United States Constitution; or

     (2)  Immigration enforcement purposes, including immigration enforcement that occurs at or near a school, health facility, place of worship, or courthouse.

     (c)  Nothing in this section shall be construed to prohibit:

     (1)  A law enforcement officer from performing the officer's duties under state law, including investigating or enforcing state criminal laws;

     (2)  Compliance with a judicial warrant, court order, or subpoena; or

     (3)  The provision of information or assistance expressly required by federal law or state law, including any mandatory information-sharing duty.

     (d)  For the purposes of this section:

     "Activities protected by the First Amendment of the United States Constitution" includes:

     (1)  Nonviolent speech, assembly, and protest, including marches, rallies, vigils, and demonstrations;

     (2)  Recording, photographing, or livestreaming law enforcement activity in a public place; provided that the person does not physically interfere with lawful law enforcement activity; and

     (3)  Verbal criticism of, or speaking to, law enforcement officers, including speech that is impolite, offensive, or profane; provided that the conduct does not constitute a true threat or otherwise violate any law.

     "At or near" means within two hundred feet of, or within the boundaries of, a school, health facility, place of worship, or courthouse, including adjacent sidewalks, parking areas, and access routes, and includes circumstances where federal immigration agents are positioned to observe, question, stop, detain, or arrest persons entering, leaving or present at the location.

     "Assist" means to provide operational support to a federal immigration agent, including:

     (1)  Helping plan, coordinate, staff, or execute an immigration enforcement operation; or

     (2)  For immigration enforcement purposes:

          (A)  Providing transportation, detention space, security, perimeter control, or access to nonpublic areas; or

          (B)  Directly participating in questioning, stops, detentions, or arrests.

     "Exceeds their law enforcement duty or authority" means conduct by a federal immigration agent that is outside the scope of authority granted by federal law or not supported by a judicial warrant or court order, including actions that a reasonable law enforcement officer would understand to be inconsistent with applicable constitutional requirements based on objective, articulable facts known at the time.  The term "exceeds their law enforcement duty or authority" does not include a requirement that a law enforcement officer make a final determination of federal authority.

     "Facilitate" means to make easier or enable an immigration enforcement operation by providing or allowing the use of time, money, facilities, property, equipment, vehicles, personnel, databases, surveillance technology, communications systems, or other resources, or by sharing nonpublic information not otherwise available to the public, except as required by federal law.

     "Federal immigration agent" means an officer, agent, or employee of the United States or any federal agency whose duties include the enforcement of federal immigration law, including United States Immigration and Customs Enforcement, United States Customs and Border Protection, and the Department of Homeland Security, and any person acting under their direction.

     "Law enforcement officer" means any employee or official of the State or a county who is authorized by law to enforce criminal or traffic laws, including a police officer, sheriff, deputy sheriff, or conservation and resources enforcement officer, and any other person acting in a law enforcement capacity for the State or a county."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

Report Title:

State Agencies; Law Enforcement; Federal Immigration Agents; Assistance; Prohibition; First Amendment; Immigration Enforcement

Description:

Prohibits law enforcement officers from using any personnel or funds originating in the State to assist or facilitate conduct by federal immigration agents that is for the purposes of civil immigration enforcement or exceeds their law enforcement duty or authority.  Prohibits law enforcement officers from assisting or cooperating with or allowing resources to be used to facilitate federal immigration agents engaged in operations with the purpose of civil immigration enforcement or that target individuals or entities for activities protected by the First Amendment of the United States Constitution or immigration enforcement operations.  Effective 7/1/2050.  (SD2)

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

A BILL FOR AN ACT

RELATING TO LAW ENFORCEMENT.

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

     SECTION 1.  Chapter 139, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§139-    Federal law enforcement collaboration; prohibited.  (a)  Except as required by federal or state law, no law enforcement officer shall use any personnel or funds originating in the State to assist or facilitate conduct by federal immigration agents that exceeds their law enforcement duty or authority.

     (b)  Except as required by federal or state law, no law enforcement officer shall assist or cooperate with; or allow time, money, facilities, property, equipment, personnel, or other resources to be used to facilitate federal immigration agents in an operation that seeks to identify, arrest, or impose any other criminal or civil penalty on a person or entity for:

     (1)  Activities protected by the First Amendment of the United States Constitution; or

     (2)  Immigration enforcement purposes, including immigration enforcement that occurs at or near a school, health facility, place of worship, or courthouse."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

Report Title:

State Agencies; Law Enforcement; Federal Immigration Agents; Assistance; Prohibition; First Amendment; Immigration Enforcement

Description:

Prohibits law enforcement officers from using any personnel or funds originating in the State to assist or facilitate conduct by federal immigration agents that exceeds their law enforcement duty or authority.  Prohibits law enforcement officers from assisting or cooperating with or allowing resources to be used to facilitate federal immigration agents engaged in operations that target individuals or entities for activities protected by the First Amendment of the United States Constitution or immigration enforcement operations.  Effective 7/1/2050.  (SD1)

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

A BILL FOR AN ACT

relating to Law Enforcement.

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

     SECTION 1.  Chapter 139, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§139-    Federal law enforcement collaboration; prohibited.  (a)  Except as required by federal or state law, no law enforcement shall use any personnel or funds originating in the State to assist or facilitate conduct by federal agents that exceeds their statutory duty or authority.

     (b)  Except as required by federal or state law, no law enforcement officer shall assist or cooperate with; or allow time, money, facilities, property, equipment, personnel, or other resources to be used to facilitate federal agents in an operation that seeks to identify, arrest, or impose any other criminal or civil penalty on a person or entity for:

     (1)  Activities protected by the First Amendment of the United States Constitution; or

     (2)  Immigration enforcement purposes, including immigration enforcement that occurs at or near a school, health facility, place of worship, or courthouse."

     SECTION 2.  New statutory material is underscored.

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

Report Title:

State Agencies; Law Enforcement; Federal Agents; Assistance; Prohibition; First Amendment; Immigration Enforcement

Description:

Prohibits law enforcement agencies from using any personnel or funds originating in the state to assist or facilitate conduct by federal agents that exceeds their statutory duty or authority.  Prohibits law enforcement officers from assisting or cooperating with or allowing resources to be used to facilitate federal agents engaged in operations that target individuals or entities for activities protected by the First Amendment of the United States Constitution or immigration enforcement operations.

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. 3093

Honolulu, Hawaii

RE:     S.B. No. 2057

        S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2057, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LAW ENFORCEMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Prohibit law enforcement officers from using any personnel or funds originating in the State to assist or facilitate conduct by federal immigration agents that exceeds their law enforcement duty or authority; and

     (2)  Prohibit law enforcement officers from assisting or cooperating with or allowing resources to be used to facilitate federal immigration agents engaged in operations that target individuals or entities for activities protected by the First Amendment of the United States Constitution or immigration enforcement operations.

     Your Committee received testimony in support of this measure from the Office of Hawaiian Affairs; one member of the Hawaiʻi County Council; Democratic Party of Hawaiʻi; Fujiwara and Rosenbaum, LLLC; Roots Reborn; ACLU Hawaiʻi; Waipahu Safe Haven Immigrant/Migrant Resource Center; UNITE HERE! Local 5; Hawaiʻi Coalition for Immigrant Rights; and forty-four individuals.

     Your Committee finds that constitutional rights apply to all people, regardless of immigration status.  Freedom of speech, assembly, and participation in civic life are foundational to a functioning democracy.  When residents fear intimidation, retaliation, or surveillance for exercising these rights, democratic legitimacy is undermined, and community trust erodes.  This measure reinforces constitutional norms and ensures public safety institutions operate in a manner consistent with the State's value of fairness, accountability, and respect for civil liberties while maintaining the power and authority of legitimate law enforcement duties.

     Your Committee notes that the Honolulu Police Department's staffing resources are currently strained and that the Department is likely unable, as a practical matter, to meaningfully dedicate personnel to federal civil immigration enforcement operations without impairing core local public safety functions.  Your Committee further notes that clarifying the limits of state and county resource commitments promotes the prioritization of local law enforcement responsibilities and community trust.

     Your Committee has amended this measure by:

     (1)  Specifying that law enforcement officers are prohibited from using any personnel or funds originating in the State to assist or facilitate conduct by federal immigration agents that is for the purposes of civil immigration enforcement;

     (2)  Specifying that law enforcement officers are prohibited from assisting or cooperating with or allowing certain resources to be used to facilitate federal immigration agents engaged in operations with the purpose of civil immigration enforcement;

     (3)  Inserting language clarifying that the prohibitions established by this measure do not prohibit:

          (A)  A law enforcement officer from performing the officer's duties under state law, including investigating or enforcing state criminal laws;

          (B)  Compliance with a judicial warrant, court order, or subpoena; or

          (C)  The provision of information or assistance expressly required by federal law or state law, including any mandatory information-sharing duties;

     (4)  Inserting definitions of:

          (A)  "Activities protected by the First Amendment of the United States Constitution";

          (B)  "At or near";

          (C)  "Assist";

          (D)  "Exceeds their law enforcement duty or authority";

          (E)  "Facilitate";

          (F)  "Federal immigration agent"; and

          (G)  "Law enforcement officer"; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2057, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2057, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 2374

Honolulu, Hawaii

RE:     S.B. No. 2057

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Public Safety and Military Affairs and Energy and Intergovernmental Affairs, to which was referred S.B. No. 2057 entitled:

"A BILL FOR AN ACT RELATING TO LAW ENFORCEMENT,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Prohibit law enforcement agencies from using any personnel or funds originating in the State to assist or facilitate conduct by federal agents that exceeds their statutory duty or authority; and

     (2)  Prohibit law enforcement officers from assisting or cooperating with or allowing resources to be used to facilitate federal agents engaged in operations that target individuals or entities for activities protected by the First Amendment of the United States Constitution or immigration enforcement operations.

     Your Committees received testimony in support of this measure from the Office of the Public Defender, Office of Hawaiian Affairs, Stonewall Caucus of the Democratic Party of Hawaiʻi, Green Party of Hawaiʻi, Democratic Party of Hawaiʻi, Community Alliance on Prisons, Honolulu Hawaii NAACP, League of Women Voters' of Hawaii, Hawaiʻi Coalition for Immigrant Rights, 50501 Hawaii, General Strike Hawaii, UNITE HERE! Local 5, The Legal Clinic, ACLU Hawaiʻi, and ninety individuals.

     Your Committees received testimony in opposition to this measure from three individuals.

     Your Committees received comments on this measure from the Hawaii Police Department.

     Your Committees find ongoing immigration enforcement operations in the State and other jurisdictions have generated widespread fear of law enforcement collaboration with federal authorities.  This fear has a direct and measurable effect on individuals' willingness to access essential services and participate in the justice system.  Many individuals who fear being victimized by immigration enforcement operations are hesitant to cooperate with legal processes, even when they would otherwise comply with the law.  Ultimately, fear of collaboration between local law enforcement and federal immigration enforcement operations not only harms individuals and families, but also undermines public safety and the effective administration of justice.  This measure ensures that the State's resources are not deployed to support federal agents whose conduct falls outside the bounds of their law enforcement duties, thereby supporting the rule of law.

     Your Committees have amended this measure by:

     (1)  Clarifying that law enforcement officers are prohibited from using personnel or funds originating in the State to assist or facilitate conduct by federal immigration agents that exceeds their law enforcement duties or authority;

     (2)  Specifying that law enforcement officers are prohibited from using personnel or funds or cooperating with federal immigration agents engaged in operations that target individuals or entities for activities protected by the First Amendment or immigration enforcement operations; and

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion.

     As affirmed by the records of votes of the members of your Committees on Public Safety and Military Affairs and Energy and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2057, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2057, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Military Affairs and Energy and Intergovernmental Affairs,