Vote Smart's Synopsis:

Vote to pass a bill that establishes Hawaii as a sanctuary state, effective July 1, 2050.

Highlights:

• Prohibits any Hawaii law enforcement agency from the following (Sec. 2):

• Stopping, questioning, interrogating, investigating, or arresting an individual based solely upon actual or suspected citizenship status or a civil immigration warrant, administrative warrant, or immigration detainer in the individual’s name, including those identified in the National Crime Information Center database;

• Inquiring about the citizenship status of an individual, including a crime victim, a witness, or an individual who calls or approaches the police seeking assistance, unless it is necessary to investigate criminal activity by that individual; or

• Performing the functions of a federal immigration officer or otherwise engaging in the enforcement of federal immigration law.

• Prohibits Hawaii law enforcement agencies from complying with an immigration detainer from Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP) to detain or transfer an individual for immigration enforcement or investigation, provided that the Hawaii law enforcement agency may respond affirmatively if the detainer request is accompanied by a judicial warrant (Sec. 2).

• Authorizes a Hawaii law enforcement agency to detain an individual for up to 48 hours on a civil immigration detainer request in the absence of a judicial warrant in the following circumstances (Sec. 2):

• The individual has been convicted of a felony; and

• There is probable cause to believe the individual has or is engaged in terrorist activity.

• Prohibits a Hawaii law enforcement agency from complying with an ICE or CBP request for non-public information about an individual, including their release, home address, or work address (Sec. 2).

• Specifies that a Hawaii law enforcement agency may comply with an information request by federal immigration enforcement agencies under the following circumstances (Sec. 2):

• The information request is accompanied by a judicial warrant;

• The individual has been convicted of a felony;

• The individual has been convicted of specified misdemeanors within the last five years;

• The individual has been arrested for a felony and a judge has made a finding of probable cause;

• There is probably cause to believe the individual has or is engaged in terrorist activity;

• There is probable cause to believe the individual has illegally re-entered the U.S. after previous removal or return; or

• The individual is currently registered as a sex offender or other covered offender.

• Prohibits a Hawaii law enforcement agency from delaying bail or the release from custody upon posting of bail solely because of an individual’s citizenship status, a immigration warrant, or an ICE or CBP request for notification about, transfer or, detention of, or interview or interrogation of the individual immigration enforcement purposes. (Sec. 3).

Full Bill Text