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GM 1262

Informing the Legislature that on June 25, 2026, the Governor signed the following bill into law: HB1839 HD2 SD2 CD1 (ACT 161).

2026 Regular Session

The bill requires written, multilingual informed consent before any civil immigration interview, ensures access to counsel, logs every request, and treats related records as public

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WeVote Research Nonpartisan
Bill Summary · GM 1262

Summary of HB1839 CD1 (Act 161) — Hawaii 2026 Immigration Related Bill

  • Speaker/judicial note: The bill was signed into law on June 25, 2026 (Act 161). This summary reflects the enacted provisions as of that date.

Purpose and intent

  • The bill aims to protect due process and civil rights for individuals in state or county custody who may be subject to civil immigration interviews conducted by federal authorities.
  • It acknowledges Hawaii’s immigrant communities and constitutional protections against discrimination, and clarifies the interaction between state/local law enforcement and federal immigration enforcement.

Key provisions and changes

  1. Written consent and due process before civil immigration interviews

    • Before any civil immigration interview between a federal immigration authority and an individual in custody (regarding civil immigration violations), the law enforcement agency must provide a written consent form.
    • The form must explain:
      • The individual’s Fifth Amendment rights (including right to remain silent and to have an attorney present)
      • That the interview is voluntary
      • Options to either decline the interview or proceed with the interview with an attorney present
    • The individual must be able to indicate:
      • Consent to the interview
      • Consent to the interview with an attorney present
      • Do not consent

  2. Language accessibility

    • The consent form must be provided at no cost and available in multiple languages, including but not limited to Chinese (Mandarin/Cantonese), Chuukese, English, Ilokano, Japanese, Korean, Olelo Hawaii, Marshallese, Samoan, Spanish, Tagalog, Thai, Vietnamese, and Visayan.
    • If translations are unavailable in a required language, other accommodations must be provided.

  3. Documentation and retention

    • Law enforcement must provide copies of signed consent forms to the individual (or their attorney/designated representative) and retain copies of each form.

  4. Access to counsel and communication

    • Upon request, the agency must provide reasonable access to a telephone and allow the individual to consult with their attorney before the civil immigration interview.
    • Juveniles in custody must also have a reasonable opportunity to contact a parent, guardian, or legal custodian.

  5. Logging and transparency of civil immigration interview requests

    • Agencies must log each civil immigration interview request, including:
      • Date/time of the request
      • Whether the consent form was provided
      • Language used on the form
      • Whether consent was given
      • If consent was given, whether counsel was present
      • If consent was given, the date/time of the interview

  6. Notifications regarding federal immigration actions

    • When the agency receives an immigration hold, notification, or transfer request, it must:
      • Provide a copy of the request to the individual and inform whether it will comply
      • If notifying release details, provide timely written notice to the individual and their attorney/designated representative within two business days

  7. Public records and privacy

    • All records relating to a federal immigration authority’s access to a detained individual, including communications, shall be public records under Hawaii’s public records law (chapter 92F), with personal identifying information redacted.
    • Records must include logs, the date the federal authority was provided access, and the method of access (hold notification, transfer, etc.).

  8. Complaints and enforcement

    • The Attorney General, county prosecutors, or other enforcement authorities may receive and investigate complaints, issue findings, and issue corrective orders for violations.

  9. Remedies

    • Individuals in custody who allege violations may bring actions for injunctive or declaratory relief and may be awarded reasonable attorneys’ fees against noncompliant law enforcement agencies.

  10. Definitions

    • The bill provides clear definitions for “civil immigration interview,” “federal immigration authority,” “immigration hold,” and “law enforcement agency” (excluding federal agencies).

Who is affected

  • State and county law enforcement agencies and their custody facilities (including juvenile facilities) in Hawaii.
  • Individuals in the custody of these agencies who could be subject to civil immigration interviews.
  • Attorneys and designated representatives of detainees.
  • The Hawaii Department of Attorney General and county prosecutors (enforcement and oversight).

Procedural and timeline aspects

  • Effective date: The act takes effect upon approval (June 25, 2026).
  • Compliance requirements begin immediately upon enactment, including:
    • Providing written consent forms prior to civil immigration interviews
    • Ensuring access to counsel and language accommodations
    • Logging interview requests and maintaining public records
    • Notifying individuals of federal immigration actions within specified timelines

Notes

  • The bill emphasizes due process, civil rights protections, and transparency in interactions between state/local authorities and federal immigration authorities.
  • It treats records of federal access as public records, with redaction of personal identifiers to balance transparency and privacy.

If you’d like, I can provide a one-page quick reference or a side-by-side comparison with prior Hawaii law on immigration-related interviewing and holds.

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

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