SB 3322

THE SENATE
S.B. NO.
3322
THIRTY-THIRD LEGISLATURE, 2026
S.D. 2
STATE OF HAWAII
H.D. 2
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, according to the
American Immigration Council, Hawaii is home to approximately 258,000
immigrants, comprising eighteen per cent of the State's population.� About thirty thousand of these foreign-born
individuals are believed to be undocumented.�
The legislature recognizes that the State is justifiably proud of its
rich immigrant heritage, which is reflected in a valued tapestry of races,
ancestral groups, religions, cultures, and languages from people throughout the
world.� Accordingly, it is necessary to
establish clear policies and limits on federal immigration enforcement
occurring within the State.� This
includes upholding due process and judicial oversight standards; restricting
immigration enforcement activity from occurring in sensitive places such as
schools, health care facilities, and places of worship; and prohibiting state
law enforcement agencies and officers from engaging in certain immigration
enforcement activities.
���� Accordingly, the purpose of this Act
is to:
���� (1)� Establish provisions limiting state and
federal collaboration for purposes of immigration enforcement operations;
���� (2)� Require state and county law enforcement
agencies to establish and publicly post written policies regarding civil
immigration enforcement;
���� (3)� Prohibit law enforcement officers from
initiating or prolonging a stop, detention, or arrest of a person for the
purpose of determining the person's civil immigration status, except under
certain circumstances;
���� (4)� Prohibit state and county involvement in civil
immigration enforcement activity in certain locations; and
���� (5)� Require the department of law enforcement to
assist state and county agencies in maintaining compliance with the civil
immigration enforcement policy.
���� SECTION 2.� The Hawaii Revised Statutes is amended by
adding a new chapter to be appropriately designated and to read as follows:
"Chapter
state and federal collaboration
���� �   -1� Definitions.� As used in this chapter:
���� "Federal authorities"
means any federal agency or department.
���� "Federal law enforcement
officer" means any employee of the United States government authorized to
arrest a person for civil or criminal violations of federal law and who is
authorized to carry a firearm in the performance of their official duties.
���� "Immigration enforcement
operation" means any operation that has as its main objective the
identification or apprehension of a person or persons for purposes of civil
immigration detention, removal or deportation proceedings, or criminal prosecution
for offenses related to immigration status.
���� "Law enforcement agency"
has the same meaning as in section 139-1.
���� "Law enforcement officer"
has the same meaning as in section 139-1.
���� "Legal assistance" means
legal advice or representation provided by an attorney or an individual under
the direct supervision of an attorney.
���� "Personal information"
means any information that is linked or reasonably linkable, alone or in
combination with other information, to an identified or identifiable
individual, or a device that identifies or is linked or reasonably linkable to an
individual, including geolocation.
���� "Public employee" means
any nominated, appointed, or elected officer or employee of the State or any
county, including the political subdivisions and agencies thereof, any employee
under contract with the State or any county, and any probationary or
provisional employee of the State or county.
���� �   -2� Limitation
on state and federal collaboration; constitutionally protected activity; immigration
enforcement.� (a)�
Except as provided by federal or state law, no state department or
agency shall use funds appropriated by the legislature or state public funds to
assist or facilitate federal authorities or federal law enforcement officers in
conduct that exceeds the statutorily enumerated duties and authority of the federal
authorities or federal law enforcement officers.
���� (b)�
Except as required by federal or state law, no public employee acting in
their official capacity shall assist or cooperate with, or allow any time,
money, facilities, property, equipment, personnel, or other resources to be
used to assist, cooperate with, or facilitate any operation executed in whole
or part by federal authorities or out-of-state authorities that seeks to identify,
arrest, or otherwise impose:
���� (1)� A
penalty or civil or criminal liability upon a person or entity based on their
participation in activities protected by the First Amendment of the United
States Constitution or state constitution; or
���� (2)� A
penalty upon a person for purposes of federal immigration enforcement,
including an immigration enforcement operation occurring at or near a school,
early-learning site, institution of higher education, including a university of
Hawaii campus, health care facility, emergency or domestic violence shelter,
courthouse, or place of worship.
���� �   -3� Limitation on state deputization.� A public employee or law enforcement officer
shall not request assistance from a federal law enforcement officer for the
enforcement of state laws regarding check points, screenings, or motor vehicle
traffic stops.
���� �   -4� Agreements for criminal law enforcement.� (a)� If
a law enforcement agency enters into an agreement with federal authorities for
the purpose of criminal law enforcement, the agreement shall be in writing and
shall not authorize the participation of federal law enforcement officers or federal
authorities in checkpoints, screenings, or motor vehicle traffic stops
conducted at the direction, or with the assistance, of a law enforcement agency
or law enforcement officer.
���� (b)�
Any agreement under subsection (a) shall not exceed two years and shall
include a requirement for the training of involved federal law enforcement
officers on state constitutional and statutory civil rights protections.� Any agreement shall be subject to review and
approval by the attorney general.
���� �   -5� Task force; prohibition.� (a)� No
public employee, law enforcement agency, or law enforcement officer shall take
part in or seek to enter an agreement with federal authorities or out-of-state
authorities for the purposes of collecting personal information or providing
assistance with surveillance, investigations, or prosecution or an immigration
enforcement operation, including a joint federal-state operation such as a
federal Department of Homeland Security task force, fusion center, or joint
terrorism task force, if the public employee, law enforcement agency, or law
enforcement officer has reason to believe the agreement would result in:
���� (1)� Conduct
that amounts to a violation of individual liberties and rights guaranteed under
the United States Constitution or Hawaii State Constitution, including racial
profiling, unlawful surveillance or investigation, excessive use of force, or
unlawful detention;
���� (2)� Conduct
that seeks to identify, apprehend, arrest, or impose civil or criminal
liability or other penalties upon a person or entity for:
��������� (A)� Engaging
in protected activities, including assembly, petitioning, and speech;
��������� (B)� The
provision of humanitarian assistance, legal assistance, or other aid to benefit
an individual;
��������� (C)� Civil
immigration detention, removal, or deportation proceedings;
��������� (D)� Offenses
related to immigration status; or
��������� (E)� Nonfederal
misdemeanors and violations, including motor vehicle offenses and traffic
violations; or
���� (3)� An
attempt to obtain data from a law enforcement agency, conduct surveillance, or
investigate domestic terrorism and organized political violence in furtherance
of the objectives of National Security Presidential Memorandum-7.
���� (b)�
Before the renewal or establishment of a new agreement, the law
enforcement agency shall seek and receive written approval from the attorney
general that the agreement is in compliance with applicable state laws.
���� �   -6� Safe harbor; good faith compliance.� No public employee or law enforcement
officer shall be subject to discipline, retaliation, or civil liability for an
act or omission taken in good faith when attempting to comply with this chapter
or when responding to perceived federal authority."
���� SECTION 3.� Chapter 139, Hawaii Revised Statutes, is
amended by adding a new part to be appropriately designated and to read as
follows:
"Part
   .� civil immigration
enforcement
���� �139-A�
Civil immigration enforcement; written policy.� (a)� By July 1, 2027, each law enforcement agency
shall establish and publicly post on its website a written policy regarding
civil immigration enforcement in the State.
���� (b)�
The policy shall provide that:
���� (1)� Civil
immigration enforcement activity involving state or county participation or
facilities shall proceed only on the basis of documented, reviewable legal
authority that prioritizes due process and judicial oversight;
���� (2)� Civil
immigration enforcement activity involving state or county participation shall
not be conducted at schools, early-learning sites, institutions of higher
education, including university of Hawaii campuses, health care facilities,
emergency or domestic violence shelters, courthouses, or places of worship,
except in compliance with narrowly tailored procedures for unavoidable civil
immigration actions;
���� (3)� State
and county agencies shall adopt clear limits on the collection, retention, and
sharing of immigration‑related personal data except as required by law,
and any interagency data exchanges shall operate under agreements;
���� (4)� Each
state or county agency shall periodically report and make publicly available
aggregate data on civil immigration requests to or from the agency;
���� (5)� Threats
to report a person's immigration status, or the misuse of immigration-status
verification, shall be treated as prohibited retaliation in workplaces and in
the provision of public services pursuant to federal and state law; and
���� (6)� When
notified of United States Immigration and Customs Enforcement activity, each
state and county law enforcement agency shall require any officer who is
already present at the scene at the time of the notification to use a body-worn
camera to monitor the United States Immigration and Customs Enforcement agents'
interactions with the public.
���� �139-B� Civil
immigration status inquiries; documentation; limitations.� (a)� No
law enforcement officer shall initiate or prolong a stop, detention, or arrest
of a person for the purpose of determining the person's civil immigration
status unless the officer has reasonable suspicion, based on specific and
articulable facts, that the person is unlawfully present in the United States
and the inquiry is otherwise authorized by state law and the agency's written
policy.
���� (b)� Reasonable suspicion
under subsection (a) shall not be based solely on race, color, ethnicity,
national origin, ancestry, language, accent, religion, manner of dress,
presence in a particular location, or the exercise of rights protected by the
United States Constitution."
���� SECTION 4.� Chapter 353C,
Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:
���� "�353C-   � Restrictions on voluntary consent for
entry relating to constitutionally protected activity and civil immigration
enforcement; compliance assistance.�
(a)� No state or county employee or agent shall provide voluntary
consent permitting a law enforcement agent to enter a nonpublic area of a school,
early learning site, institution of higher education, including a university of
Hawaii campus, health care facility, emergency or domestic violence shelter,
courthouse, or place of worship for the purpose, or in furtherance, of an
operation executed in whole or part by federal authorities or out-of-state authorities
that seeks to:
���� (1)� Identify
or impose civil or criminal liability upon a person or entity based on their
participation in activities protected by the First Amendment of the United
States Constitution or state constitution; or
���� (2)� Identify,
arrest, or otherwise impose a penalty upon a person for purposes of federal
immigration enforcement, including an immigration enforcement operation.
���� (b)� The department shall assist state and county agencies in maintaining compliance with
this section and the civil immigration enforcement policy provisions under section 139-A(b)(1) and (2).
���� (c)� This section shall not prevent compliance
with a valid judicial warrant authorizing entry or entry under exigent
circumstances."
���� SECTION 5.�
Chapter 139, Hawaii Revised Statutes, is amended by designating sections
139-1 to 139-13 as part I, entitled "General Provisions".
���� SECTION 6.� In codifying the new sections added by
section 3 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.
���� SECTION 7.� If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.
���� SECTION 8.� New statutory material is underscored.
���� SECTION
9.� This Act shall take effect on July 1,
3000.
Report Title:
DLE;
State and Federal Collaboration; Civil Immigration Enforcement; Law Enforcement
Officers; Law Enforcement Agencies; Written Policies; Detention; Civil
Immigration Status
Description:
Establishes
provisions limiting state and federal collaboration for purposes of immigration
enforcement operations.� Requires state
and county law enforcement agencies to establish and publicly post written
policies regarding civil immigration enforcement.� Prohibits law enforcement officers from
initiating or prolonging a stop, detention, or arrest of a person for the
purpose of determining the person's civil immigration status, except under
certain circumstances.� Prohibits state
and county involvement in civil immigration enforcement activity in certain
locations.� Requires the Department of
Law Enforcement to assist state and county agencies in maintaining compliance
with the civil immigration enforcement policy.�
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.