Bill Text: HI HB438 | 2025 | Regular Session | Introduced
Bill Title: Relating To Due Process Protections.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (N/A) 2025-01-17 - Pending introduction. [HB438 Detail]
Download: Hawaii-2025-HB438-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
438 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to due process protections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaiʻi is home to a diverse population, with a significant portion of its residents being immigrants or individuals from mixed-status families. According to the United States Census Bureau, approximately eighteen per cent of Hawaii's population is foreign-born. According to the American Immigration Council, nearly eight per cent of Hawaii's population are United States-born residents living with at least one immigrant parent.
The legislature further finds that many foreign-born residents face challenges navigating complex immigration proceedings in immigration court without legal representation. Language barriers, financial constraints, and the lack of accessible legal resources exacerbate these challenges.
The legislature also finds that individuals facing deportation or other immigration-related proceedings in immigration court lack the right to government-funded legal representation, leaving them to navigate complex legal systems alone unless they retain costly counsel or other assistance on their own. Unaccompanied minors and deferred action for childhood arrivals (DACA) immigrants, which are the most vulnerable, face immigration proceedings in immigration court often without representation. Studies have shown that individuals with legal representation are significantly more likely to achieve favorable outcomes in immigration proceedings in immigration court, including relief from deportation or the ability to remain with their families.
The purpose of this Act is to establish a program to provide access to legal representation for individuals in the State facing immigration-related proceedings in immigration court, assuring due process and promoting family unity, community stability, and economic security.
SECTION 2. Chapter 601, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . Due process in immigration proceedings program
§601- Due process in immigration proceedings program; establishment. (a) There is established the due process in immigration proceedings program within the judiciary. The program shall be administered by the judiciary.
(b) The purpose of the due process in immigration proceedings program shall be to provide legal representation to individuals residing in the State who are facing immigration-related proceedings in immigration court, regardless of their ability to pay.
(c) The judiciary may contract with nonprofit organizations, legal service providers, and other entities to implement the due process in immigration proceedings program.
§601- Powers and duties. In the administration of the due process in immigration proceedings program, judiciary shall:
(1) Provide legal representation to individuals in immigration-related proceedings in immigration court, including but not limited to deportation defense, asylum applications, and other immigration relief processes;
(2) Prioritize services for individuals who are detained, at risk of deportation, or otherwise vulnerable due to their immigration status;
(3) Partner with community-based organizations and legal service providers to ensure culturally and linguistically appropriate services;
(4) Conduct outreach and education to inform impacted communities about the availability of legal representation and related resources; and
(5) Collect and report data on the program's outcomes, including the number of individuals served, types of cases handled, length of time each case has been pending, and success rates, while maintaining confidentiality and protecting sensitive information.
§601- Eligibility. The judiciary shall establish eligibility criteria for the program, which shall include:
(1) The individual is a resident of the State; and
(2) The individual's income is at or below two hundred fifty per cent of the federal poverty level for Hawaii; provided that an exception may be made for individuals facing extraordinary circumstances.
§601- Annual report. (a) The judiciary shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session.
(b) The annual report shall include:
(1) The number of individuals served by the due process in immigration proceedings program;
(2) The types of cases handled;
(3) The outcomes of the cases;
(4) The length of time each case has been pending; and
(5) Recommendations for improving access to legal representation for individuals in immigration-related proceedings in immigration court."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment and administration of the due process in immigration proceedings program, including funding for legal service providers, outreach efforts, and administrative costs.
The sums appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 4. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
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Report Title:
Filipino Caucus; Due Process in Immigration Proceedings Program; Judiciary; Appropriation
Description:
Establishes the Due Process in Immigration Proceedings Program within the Judiciary to provide legal representation to individuals in immigration-related proceedings in immigration court. Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
