Shown verbatim: the complete text as captured from the official page posted by the Hawaii State Legislature, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the first conference draft. The official bill page.
THE SENATE S.B. NO. 2057 THIRTY-THIRD LEGISLATURE, 2026 S.D. 2 STATE OF HAWAII H.D. 2 C.D. 1 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.
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