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GM 1242

Informing the Legislature that on June 24, 2026, the Governor signed the following bill into law: SB2057 SD2 HD2 CD1 (ACT 141).

2026 Regular Session

Prohibits state and county law enforcement from aiding federal immigration enforcement, including data sharing, holds, transfers, and noncriminal inquiries, to protect immigrant tr

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Bill Summary · GM 1242

Overview

  • Bill: SB2057, SD2, HD2, CD1 (Act 141)
  • Jurisdiction: Hawaii
  • Session: 2026
  • Status: Enacted into law (signed by Governor June 24, 2026)
  • Title: Relating to Law Enforcement
  • Purpose: Prohibit certain immigration enforcement actions by state and county law enforcement agencies and officials, reinforce trust with immigrant communities, and limit cooperation with federal immigration authorities except under limited circumstances.

Main purpose and intent

  • The Act aims to ensure equal treatment of Hawaii residents regardless of race, religion, national origin, disability, sexual orientation, gender, or immigration status.
  • It seeks to protect the rights and safety of immigrant residents by preventing entanglement between Hawaii state/county agencies and federal immigration enforcement.
  • It emphasizes that trust between immigrant communities and state/county agencies is essential to public safety and that fear of government enforcement can deter people from seeking essential services, health care, education, or legal remedies.

Key provisions and changes

  • Prohibition on immigration enforcement agreements

    • Section 2 creates a new chapter governing immigration enforcement prohibitions.
    • Prohibits any state or county law enforcement agency or official from entering into agreements under 8 U.S.C. § 1357(g) (familiar “safe‑court” or “FMU”-style federal immigration enforcement arrangements) or any other federal law permitting state or county agencies to engage in immigration enforcement.

  • Prohibited actions by law enforcement (Section 3)

    • Inquiries about citizenship or immigration status, unless directly related to investigating a state or county criminal violation.
    • Providing information to federal immigration authorities in noncriminal matters in a non-public form.
    • Providing non-public personal information to federal immigration authorities about individuals in noncriminal matters.
    • Allowing federal immigration authorities access to interview individuals in custody about federal immigration violations unless required by law or with written consent from the individuals.
    • Detaining individuals on the basis of a hold request from federal authorities.
    • Transferring individuals to federal immigration authorities without a judicial warrant or probable cause determination.
    • Assisting or coordinating resources (time, money, facilities, personnel, databases, etc.) to facilitate civil immigration enforcement.

  • Construction and interpretation (Section 4)

    • The act does not prohibit:
    • Law enforcement from performing duties under state law (police powers, investigations, enforcement of state criminal laws).
    • Compliance with judicial warrants, court orders, or subpoenas.
    • Providing information or assistance required by federal or state law (including mandatory information sharing) or under federal immigration statutes (e.g., 8 U.S.C. §§ 1373 and 1644).

  • Definitions (Section 1)

    • Federal immigration authority: any federal officer/employee carrying out immigration enforcement functions.
    • Hold request: a request by federal authorities to keep a person in custody beyond release time for transfer purposes.
    • Immigration enforcement: efforts to investigate or enforce federal civil or criminal immigration laws (examples include certain Title 8 U.S.C. provisions).
    • Law enforcement agency: any state or county agency enforcing state laws, operating correctional facilities, or maintaining custody of individuals.
    • Law enforcement official: an officer or agent of a law enforcement agency.

  • Effective date

    • The Act takes effect upon approval (immediately upon signing).

Who and what is affected

  • State and county law enforcement agencies and officials in Hawaii.
  • The statute restricts relations with federal immigration authorities, limiting hold requests, transfers, inquiries, data sharing, and general cooperation with civil immigration enforcement.
  • Individuals interacting with law enforcement in Hawaii (including immigrants and noncitizens) are affected in terms of rights to privacy, information sharing, and fear reduction when engaging with law enforcement.

Procedural and timeline aspects

  • Enactment: Passed by both chambers (Senate and House) in May 2026 and signed by the Governor on June 24, 2026.
  • Effective date: Immediate upon signing (no separate effective date required).

Potential impact and considerations

  • Public safety and trust: Aims to enhance trust between immigrant communities and state/county agencies, encouraging individuals to seek essential services and participate in public life without fear of immigration enforcement.
  • Operational constraints: Law enforcement agencies lose certain tools and authorities to participate in federal immigration enforcement, including hold requests, transfers, and routine data sharing for immigration purposes.
  • Legal alignment: The policy aligns with broader state protections regarding immigration enforcement and civil rights, while preserving compliance with mandatory legal processes (e.g., warrants, subpoenas) and federal or state laws when required.

If you’d like, I can provide a side-by-side comparison with prior Hawaii law or a plain-language summary for a quick briefing.

Compiled from official sources — confirm details with the bill’s official record.

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