Relating To Due Process Protections.
SB816 establishes a new “Due process in immigration proceedings program” within the Hawaii Judiciary to provide legal representation to residents facing immigration-related proceedings in immigration court. The bill states that the program is intended to help individuals navigate deportation defense, asylum applications, and other immigration relief matters, with a focus on people who are detained, at risk of deportation, or otherwise vulnerable. It also directs the Judiciary to contract with nonprofit organizations, legal service providers, and other entities to operate the program, and to use requests for proposals to select providers.
The bill requires the program to include outreach, culturally and linguistically appropriate services, training for law students and legal practitioners, and data collection on outcomes such as number served, case types, case duration, and success rates. It also requires an annual report to the Legislature with program statistics and recommendations for improving access to representation. The bill appropriates unspecified general funds for fiscal years 2025-2026 and 2026-2027 to cover program administration, legal services, outreach, and related costs, and it amends Chapter 601 of the Hawaii Revised Statutes by adding a new part for the program and re-designating existing sections as part I.
SB816 would create a new state-funded legal services program for immigration court matters and place administration with the Hawaii Judiciary. It would add a new statutory framework in Chapter 601, Hawaii Revised Statutes, governing program establishment, eligibility, contracting, reporting, and oversight. The bill would affect low-income Hawaii residents facing immigration proceedings, particularly detained individuals, asylum seekers, and others seeking immigration relief, by expanding access to counsel that is not otherwise guaranteed in immigration court.
The available voting history suggests strong support for the bill in committee. It passed the Senate Judiciary Committee 4-0 and the Senate Ways and Means Committee 13-0, both with amendments, indicating broad bipartisan or at least unanimous committee approval. The bill’s findings and purpose language frame it as a due process and family unity measure, which likely contributed to favorable consideration.
The main policy issue underlying the bill is whether the State should use public funds to provide legal representation in federal immigration proceedings. Supporters appear to view the program as a due process, equity, and family-stability measure for immigrants and mixed-status families, especially vulnerable populations such as detained individuals and minors. Potential concerns, though not reflected in recorded committee testimony here, would typically involve the cost of the program, the scope of eligibility, and whether state resources should be used for immigration defense; the bill addresses cost and oversight by limiting eligibility to residents at or below 250% of the federal poverty level, allowing exceptions for extraordinary circumstances, and requiring annual reporting.