HawaiiHawaii agencies must explain rights before immigration interviews
State and county agencies must explain interview rights to people in custody and make records about federal immigration access public, with personal identifying information removed.
What it does
Before federal immigration authorities interview someone in state or county custody about a civil immigration matter, the agency must give them a free form explaining their rights and choices.
Agencies must log interview requests, give people copies of federal immigration requests and say whether they plan to comply, and make access records public with identifying details removed.
State officials may investigate complaints and order corrections. A person harmed by a violation of the written-form rules may ask a court for relief and reasonable attorney fees.
Argument forPeople in custody could make a more informed choice about an immigration interview after learning their rights and getting a chance to speak with a lawyer.
Argument againstPublic records about federal access could expose details of agency communications and practices, even though the detained person’s identifying information must be removed.
More detail
State and county law enforcement agencies must give people in their custody a written form explaining their rights before a civil immigration interview. This applies before federal authorities interview someone held by a state or county law enforcement agency about civil immigration matters. The form must explain that the interview is voluntary, describe the right to remain silent and the right to have a lawyer present if represented, and let the person record whether they consent. The form must be free and available in languages served by the state language access office; agencies must make other arrangements when those translations are unavailable. If asked, the agency must provide reasonable phone access and time to consult a lawyer; juveniles must also have a reasonable chance to contact a parent, guardian, or legal custodian. The form must be provided before the interview can begin. This section takes effect upon approval.
Law enforcement agencies must document interview requests, provide people copies of federal immigration requests, and make records about federal access public. These requirements cover state and county law enforcement agencies and their records about federal immigration authorities’ access to people they hold. The agency must tell the person whether it intends to comply with an immigration hold, notification, or transfer request. If the agency tells federal authorities when a person will be released, it must promptly send that notice in writing to the person and their lawyer or designated representative within two business days. Public records include interview logs and communications about federal access, including access through a hold, notification, or transfer. The agency must remove the detained person's identifying information before disclosure. The written release notice is due within two business days when the agency tells federal authorities a person's release date. This section takes effect upon approval.
Specified state officials may investigate complaints and issue findings or corrective orders; an aggrieved person may seek court relief and reasonable attorney fees for violations of the written-form requirements. The attorney general, county prosecutors, or an agency with separate enforcement authority may investigate complaints. A person who is or was in custody and harmed by a violation may bring the court action. The court action is limited to violations of the written-form requirements. This section takes effect upon approval.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 26Act 161, 06/25/2026 (Gov. Msg. No. 1262).Latest
- Jun 26Act 161, on 06/25/2026 (Gov. Msg. No. 1262).Became Law
- May 8Received notice of passage on Final Reading in House (Hse. Com. No. 888).Minor
- May 7Transmitted to Governor.
- May 6Passed Final Reading, as amended (CD 1). Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, Fevella). Excused, 0 (none).Major
- Vote recorded Passed Final Reading, as amended (CD 1). Result: pass.Upper
- Vote recorded Passed Final Reading as amended in CD 1. Result: pass.Lower
- May 6Passed Final Reading as amended in CD 1 with Representative(s) Kila, Shimizu voting aye with reservations; Representative(s) Alcos, Garcia, Kong, Pierick voting no (4) and none excused (0).Major
- May 6Received notice of Final Reading (Sen. Com. No. 816).Minor
- May 1The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Fukunaga, Wakai, Rhoads, Lee, C.; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
- May 1The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 5 Ayes: Representative(s) Ilagan, Tarnas, Hussey, Tam, Gedeon; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
- May 1Reported from Conference Committee (Conf Com. Rep. No. 187-26) as amended in (CD 1).
- May 1Forty-eight (48) hours notice Wednesday, 05-06-26.
- May 1Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 187-26).
- May 148 Hrs. Notice (as amended CD 1) 05-06-26
- Apr 30Conference committee meeting to reconvene on 05-01-26 3:30PM; Conference Room 016.
- Apr 29Conference committee meeting to reconvene on 04-30-26 3:30PM; CR 016.
- Apr 28Conference committee meeting scheduled for 04-29-26 3:30PM; Conference Room 016.
- Apr 27Received notice of Senate conferees (Sen. Com. No. 760).Minor
- Apr 24Senate Conferees Appointed: Fukunaga Chair; Wakai, Rhoads, Lee, C. Co-Chairs.
- Apr 20Re-referred to ECD, JHA, FIN, referral sheet 30Minor
- Apr 20House Conferees Appointed: Ilagan, Tarnas, Hussey Co-Chairs; Tam, Gedeon.
- Apr 20Received notice of appointment of House conferees (Hse. Com. No. 786).Minor
- Apr 17Received notice of disagreement (Hse. Com. No. 780).Minor
- Apr 16House disagrees with Senate amendment (s).Minor
- Apr 14Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). Transmitted to House.Passed Senate
- Vote recorded Report Adopted; Passed Third Reading, as amended (SD 2). Result: pass.Upper
- Apr 14Returned from Senate (Sen. Com. No. 627) in amended form (SD 2).
- Apr 10Reported from JDC/WAM (Stand. Com. Rep. No. 3776) with recommendation of passage on Third Reading, as amended (SD 2).
- Apr 1048 Hrs. Notice 04-14-26.
- Apr 8The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai; Aye(s) with reservations: none ; 1 No(es): Senator(s) Fevella; and 0 Excused: none.Minor
- Vote recorded The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Apr 8The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none.Minor
- Apr 6The committee(s) on JDC/WAM will hold a public decision making on 04-08-26 10:15AM; Conference Room 211 & Videoconference.
- Mar 30Reported from PSM/EIG (Stand. Com. Rep. No. 3294) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM.
- Mar 30Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM.Minor
- Mar 23The committee(s) on EIG recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EIG were as follows: 3 Aye(s): Senator(s) Wakai, Chang; Aye(s) with reservations: Senator(s) Richards ; 2 No(es): Senator(s) DeCoite, Fevella; and 0 Excused: none.Minor
- Vote recorded The committee(s) on EIG recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Vote recorded The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Mar 23The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in PSM were as follows: 3 Aye(s): Senator(s) Fukunaga, Lee, C., Hashimoto; Aye(s) with reservations: none ; 1 No(es): Senator(s) DeCorte; and 1 Excused: Senator(s) Inouye.Minor
- Mar 16The committee(s) on PSM/EIG has scheduled a public hearing on 03-23-26 3:00PM; Conference Room 016 & Videoconference.
- Mar 12Received from House (Hse. Com. No. 295).Minor
- Mar 12Passed First Reading.Minor
- Mar 12Referred to PSM/EIG, JDC/WAM.Minor
- Mar 10Passed Third Reading as amended in HD 2 with Representative(s) Gedeon, Kila, Matsumoto voting aye with reservations; Representative(s) Alcos, Garcia, Kong, Muraoka, Shimizu voting no (5) and Representative(s) Pierick excused (1). Transmitted to Senate.Passed House
- Vote recorded Passed Third Reading as amended in HD 2. Result: pass.Lower
- Mar 6Reported from JHA (Stand. Com. Rep. No. 1122-26) as amended in HD 2, recommending passage on Third Reading.
- Mar 6Forty-eight (48) hours notice Tuesday, 03-10-26.
- Feb 25The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Cochran, Hashem, Kahaloa, Sayama, Takayama; Ayes with reservations: none; 2 Noes: Representative(s) Garcia, Shimizu; and 1 Excused: Representative(s) Belatti.Minor
- Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 23Bill scheduled to be heard by JHA on Wednesday, 02-25-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
- Feb 17Reported from ECD (Stand. Com. Rep. No. 335-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
- Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA. Result: pass.Lower
- Feb 17Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; Representative(s) Alcos, Garcia, Pierick voting no (3) and Representative(s) Cochran, Lee, M., Poepoe excused (3).Minor
- Feb 6The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Ilagan, Hussey, Holt, Tam, Templo, Yamashita, Gedeon; Ayes with reservations: none; Noes: none; and Excused: none.Minor
- Vote recorded The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 2Bill scheduled to be heard by ECD on Friday, 02-06-26 8:30AM in House conference room 423 VIA VIDEOCONFERENCE.
- Jan 26Referred to ECD, JHA, referral sheet 1Minor
- Jan 23Introduced and Pass First Reading.Minor
- Jan 22Pending introduction.Introduced
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