Legislation

Limits the maximum term of imprisonment for misdemeanors, or for offenses punishable by up to or not exceeding one year, to three hundred sixty-four days. Allows individuals previously sentenced to a one-year term of imprisonment to apply to the court for a sentence modification to conform to the new limit.

Prohibits any law enforcement agency or law enforcement official from entering into an agreement under title 8 United States Codes section 1357(g) or any other federal law that permits state or county agencies to engage in immigration enforcement. Prohibits law enforcement agencies or law enforcement officials from engaging in certain immigration-related actions, except under limited circumstances.

Appropriates funds to the Office of the Public Defender for one full-time equivalent (1.0 FTE) Deputy Public Defender III position.

Establishes uniform statewide requirements for policies and processes for the issuance of U and T visa certifications for noncitizen victims of crime that are consistent with federal laws and regulations governing U and T visas. Requires each state and county certifying entity to adopt a policy and process for the issuance of U and T visa certifications, consistent with those statewide requirements. Appropriate funds for the Department of the Attorney General to provide training to state and county certifying entities so that the policies and processes comply with all federal requirements. Appropriates funds to the Department of the Attorney General for the training.

Establishes statewide standards for state and county agencies, officers, and employees, and recipients of state funds, to limit participation in civil immigration enforcement in or near protected community locations that provide state-funded services related to education, physical or mental health, social services such as shelter care or food assistance, or access to justice, including schools, health care facilities, libraries, shelters, and places of worship. Requires the Department of Education, State Public Charter School Commission, University of Hawaiʻi, Hawaiʻi Health Systems Corporation, Hawaiʻi State Public Library System, and Hawaiʻi Emergency Management Agency to adopt and post written policies, provide annual staff training, and maintain data privacy protections. Appropriates funds for implementation by the Attorney General.

Requires the Department of Education to develop, establish, and implement a standardized emergency response plan governing immigration enforcement activity at or near public schools.

Establishes provisions regarding state and federal collaboration. Establishes identification and facial coverings standards for state and federal law enforcement officers. Specifies that when federal law enforcement officers arrest a person without a warrant, that it is done so in their personal capacity.

Requires state and county law enforcement agencies to notify an individual in the custody of a state or county law enforcement agency of their rights before any interview with the United States Immigration and Customs Enforcement pertaining to certain matters regarding civil immigration violations can commence. Designates all records relating to United States Immigration and Customs Enforcement access to detained individuals provided by a state or local law enforcement agency as public records. Requires state and county law enforcement agencies that have provided the United States Immigration and Customs Enforcement access to a detained individual within the previous year to hold two public forums per year.

Prohibits with certain exceptions, the use of facial coverings and requires visible identification by law enforcement officers and their vehicles in the performance of their duties. Requires state and county law enforcement agencies to establish policies regarding state and county cooperation with federal civil immigration enforcement. Prohibits law enforcement officers from prolonging a stop to inquire about a person's civil immigration status. Establishes criminal offenses for improper facial coverings, lack of visible identification, and unauthorized civil immigration interrogation.