HB1870 establishes statewide requirements for state and county agencies that operate “protected community locations,” a term defined to include facilities operated by the State or a county. The bill is aimed at schools, health care settings, libraries, shelters, places of worship, and similar public-serving spaces, with the stated purpose of keeping them safe and accessible regardless of immigration status. It responds to the January 2025 change in federal immigration-enforcement guidance by directing state and county operators to adopt policies that limit cooperation with immigration enforcement in these settings.
By January 1, 2027, covered agencies must adopt and post written policies identifying nonpublic areas, setting procedures for warrant verification and staff response, prohibiting collection of immigration-status data unless required by law, requiring annual staff training, and providing multilingual notices stating that services are available regardless of immigration status. The bill also requires the attorney general to publish model policies for state and county agencies, while allowing voluntary adoption by private education and health providers and private places of worship. It further clarifies that the University of Hawaii is not restricted from complying with mandatory federal contractor certifications or other federal funding conditions.
Impact
The bill creates new administrative duties for state and county agencies that operate public facilities, but it does not create a new criminal offense or directly alter immigration law. Instead, it requires agency-level policies and training, and it standardizes how covered facilities handle access, warrants, data collection, and public notices. The measure also directs the attorney general to issue model policies, which may influence implementation across agencies and potentially private institutions that choose to adopt them. Its effect is statewide and expressly framed as a matter of statewide concern under the Hawaii Constitution.
Sentiment
The legislative history suggests generally favorable support for the bill, as it advanced through multiple Senate committees and conference with mostly positive votes and ultimately became Act 162. The bill’s findings and structure indicate a policy goal of protecting access to essential services and reducing fear among immigrant communities. The lack of recorded committee transcripts limits insight into detailed debate, but the repeated passage with amendments suggests broad agreement on the general concept, paired with some refinement of the language during the process.
Contention
The main point of contention appears to be the balance between protecting access to public services and limiting cooperation with federal immigration enforcement. Supporters emphasize safe, trusted community spaces and the need for clear rules for staff, warrant verification, and data handling. Potential concerns likely centered on implementation burdens for agencies, the scope of nonpublic areas, and possible tension with federal immigration enforcement or federal funding requirements. The bill addresses one such concern directly by stating that it does not restrict the University of Hawaii from meeting mandatory federal contractor certifications or other federal funding conditions.
A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.
Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 88th Legislature to other Acts of that legislature.