Hawaiʻi can’t control ICE. Here’s what lawmakers want to do instead

Immigration Bills Gain Momentum in Hawai’i Legislature Amid Federal Crackdown

Rising national tensions over federal immigration enforcement have breathed new life into protective legislation in Hawai’i, with multiple bills advancing through the state legislature that were rejected just a year ago.

As the 2026 legislative session reaches its crucial midpoint, lawmakers are pushing forward measures designed to shield immigrants and limit cooperation between state agencies and federal immigration authorities. The shift represents a significant change from last year, when similar legislation died early in the session.

“We had a year to see what this Trump administration was going to do, and it was clear that our more wait-and-see attitude wasn’t really going to work,” explained state Sen. Karl Rhoads. “We needed to be more aggressive if we were going to protect the rights of our citizens here in Hawai’i.”

Advocates strategically introduced over 25 bills related to immigrant rights this session, creating multiple pathways to ensure some protections would survive the legislative process. While about half these bills have been eliminated, those remaining still carry substantial protective measures.

Several key bills advancing through committees would prohibit law enforcement from wearing masks in most circumstances, bar police from questioning people about immigration status, and require authorities to advise individuals in custody of their rights before federal immigration interviews.

“We have a bill that is still alive, still moving through the process in every single category in our immigrant justice package,” said Tina Sablan, community and policy advocate at The Legal Clinic in Honolulu, which serves the immigrant community.

Lawmakers cite aggressive immigration enforcement actions in cities like Chicago and Los Angeles as catalysts for their changed perspective. The January incident in Minnesota, where federal agents shot and killed two U.S. citizens observing an immigration operation, particularly influenced legislators.

“Minnesota was a pretty crystallizing event,” noted Rhoads, who chairs the Senate Judiciary Committee. His committee recently passed three immigration bills, including one prohibiting local law enforcement from helping federal agents exceed their authority or suppress First Amendment activities during immigration operations.

House Bill 1870 would prevent local officials from cooperating with most immigration enforcement around state-funded facilities such as schools, social service agencies, and healthcare providers. This legislation responds to the Trump administration’s January 2025 rescission of the “sensitive places” policy that had limited ICE operations in such locations since 2011.

House Bill 1768 aims to bar state and local law enforcement agencies from entering agreements with federal authorities that would allow them to participate in immigration enforcement. Meanwhile, House Bill 1886 would restrict how local police departments could work with federal law enforcement agencies, prohibiting participation in task forces that could result in civil immigration detention or deportation proceedings.

Currently, police departments in all four Hawai’i counties have agreements with federal agencies including Homeland Security Investigations and the FBI. While department officials maintain these agreements don’t allow their officers to participate in immigration enforcement, advocates argue stronger legal protections are necessary.

“It has become abundantly clear that the Department of Homeland Security is no longer an agency that abides by constitutional norms,” said Liza Ryan Gill, co-coordinator of the Hawai’i Coalition for Immigrant Rights. “This package of bills is meant to protect Hawai’i from being dragged down into the unconstitutional actions of a rogue agency.”

Governor Josh Green expressed support for fast-tracking these measures following a January rally honoring those who died in ICE detention centers and the Minnesota protesters. His spokesperson confirmed this remains his position.

Senate Bill 2203, which makes it a criminal offense for law enforcement officers to wear facial coverings except in specific circumstances like undercover operations, has already crossed over to the House. Similar “No Secret Police” laws have been enacted in other states, including California.

While advocates hope for swift passage, they acknowledge the need for careful deliberation to ensure the legislation can withstand potential legal challenges from the federal administration.

Representative David Tarnas, chair of the House Judiciary and Hawaiian Affairs Committee, emphasized thoroughness over speed: “This is very complicated, and I want to make sure that we work closely with the Attorney General’s Office and with immigration lawyers to make sure the language is solid—that it is protecting states’ rights and does not inappropriately limit federal agents in carrying out their assigned responsibilities.”