SB 854: 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 the State is home to a diverse population, with a significant portion of its residents being immigrants or individuals from mixed-status families.  According to the United States Census Bureau, approximately eighteen per cent of the State's population is foreign-born, and many residents face challenges navigating complex immigration proceedings without legal representation.  As such, language barriers, financial constraints, and the lack of accessible legal resources may prevent individuals from achieving successful outcomes in immigration proceedings.

     The legislature further finds that individuals facing deportation or other immigration-related proceedings often lack the right to government-funded legal representation, forcing immigrant applicants to understand and navigate the complex legal system without counsel.  Studies have shown that individuals with legal representation are significantly more likely to achieve favorable outcomes in immigration proceedings, including relief from deportation or the ability to remain with their families.

     Accordingly, the purpose of this Act is to establish a universal representation in immigration proceedings program to provide access to individuals undergoing immigration-related proceedings.

     SECTION 2.  Chapter 371K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§371K-    Universal representation in immigration proceedings program; established.  (a)  There is established the universal representation in immigration proceedings program to be administered by the office of community services.  The purpose of this program shall be to provide access to legal representation for individuals residing in the State who are facing immigration-related proceedings, regardless of their ability to pay.

     (b)  The program shall:

     (1)  Provide legal representation to individuals in immigration-related proceedings, including but not limited to deportation defense, asylum applications, and other immigration relief processes;

     (2)  Prioritize services for individuals who are detained, at risk of deportation, or otherwise vulnerable due to their immigration status;

     (3)  Partner with community-based organizations and legal service providers to ensure culturally and linguistically appropriate services;

     (4)  Conduct outreach and education to inform impacted communities about the availability of legal representation and related resources; and

     (5)  Collect and report data on the program's outcomes including the number of individuals served, types of cases handled, and success rates, while maintaining confidentiality and protecting sensitive information.

     (c)  The office of community services shall establish criteria to determine eligible applicants, including:

     (1)  Residency in the State; and

     (2)  Income at or below one hundred fifty per cent of the federal poverty level; provided that exceptions may be made for individuals on a case-by-case basis who are facing extenuating circumstances.

     (d)  The office of community services may contract with nonprofit organizations, legal service providers, and other entities to implement the program.

     (e)  The office of community services shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session.  The report shall include:

     (1)  The number of individuals served by the program;

     (2)  The types of cases handled;

     (3)  The outcomes of cases; and

     (4)  Recommendations for improving access to legal representation for individuals in immigration-related proceedings."

     SECTION 3.  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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of the universal representation for immigration proceedings program established pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2025.

Report Title:

DLIR; Office of Community Services; Universal Representation in Immigration Proceedings Program; Immigration; Legal Representation; Reports; Appropriations

Description:

Establishes a Universal Representation in Immigration Proceedings Program within the Department of Labor and Industrial Relations Office of Community Services to provide access to legal representation, under certain conditions.  Requires annual reports to the Legislature.  Appropriates funds.

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