HB 2540 Hawaii House · 2026 Regular Session

RELATING TO LAW ENFORCEMENT.

Summary

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 use of a mask or facial covering by a law enforcement officer, lack of visible identification, and unauthorized civil immigration arrest or detention. Effective 3/22/2075. (SD2)

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Apr 2026

House Passage

Mar 2026

Senate Passage

Apr 2026

Governor

Introduced Jan 28, 2026 Last action Apr 17, 2026

Maddy AI version diff · 4 comparisons

What changed between versions

HB2540_SD1 → HB2540_SD2 · 7 edits

MODERATE

This bill significantly restricts state and county law enforcement from participating in civil immigration enforcement, removing broad discretion and requiring judicial warrants or specific legal mandates for such actions. It also clarifies that the department cannot enter private facilities for immigration purposes without a warrant and prohibits the use of facial coverings except in limited safety or undercover scenarios. Additionally, the bill removes 'interrogation' from the list of criminalized actions, focusing penalties only on unauthorized arrests or detentions.

Scope change

The bill narrows the scope of state and county law enforcement involvement in immigration matters, shifting from a policy of cooperation to one of strict non-participation unless legally compelled.

REQUIREMENT

Removed the requirement for law enforcement to establish their own policies regarding civil immigration enforcement, replacing it with authorization for the state department to assist with compliance.

Changed the mandate for civil immigration enforcement from a general requirement to proceed only with legal authority to a strict prohibition unless required by state/federal law or a judicial warrant.

Deleted the requirement that civil immigration enforcement cannot occur at schools, shelters, or places of worship, replacing it with a prohibition that applies only when no judicial warrant is present.

Added a new requirement for the department to adopt internal procedures governing requests for assistance from federal immigration authorities and access to nonpublic areas.

Expanded the exceptions for wearing facial coverings to include active tactical operations, occupational safety requirements, and identity protection during prosecution.

ENFORCEMENT

Removed 'interrogation' from the list of criminal offenses, leaving only 'arrest or detention' as the punishable unauthorized civil immigration action.

DEFINITION

Narrowed the definition of 'law enforcement agency' to explicitly list state and county agencies while maintaining inclusion of federal agencies.

HB2540_HD2 → HB2540_SD1 · 7 edits

MODERATE

This bill was significantly rewritten to shift its primary focus from restricting state cooperation with federal immigration enforcement to regulating law enforcement officer conduct, specifically prohibiting the use of masks and requiring visible identification. The new version adds criminal offenses for officers who wear masks or fail to display their badges while on duty and for unauthorized civil immigration interrogations. While the original bill focused heavily on limiting joint operations with federal agencies, the revised version retains some limits on immigration enforcement in sensitive locations but places much stronger emphasis on officer transparency and accountability.

Scope change

The bill's scope expanded from primarily limiting state-federal collaboration to explicitly regulating individual officer behavior regarding facial coverings and identification, while also adding specific criminal penalties for unauthorized immigration status inquiries.

REQUIREMENT

Added a requirement for all law enforcement agencies to adopt written policies by July 1, 2027, regarding the use of facial coverings, badge visibility, and vehicle markings.

Modified the policy on sensitive locations to remove 'early-learning sites' and 'institutions of higher education' from the list of places where immigration enforcement is prohibited, narrowing the scope of protected areas compared to the original draft.

Removed the original Section 2 provisions that broadly limited state and federal collaboration, task force participation, and agreements for criminal law enforcement.

ENFORCEMENT

Created new criminal offenses for law enforcement officers who wear masks or facial coverings that obscure their identity while interacting with the public.

Created a new misdemeanor offense for officers who interrogate, arrest, or detain individuals solely to determine their civil immigration status without reasonable suspicion of unlawful presence.

TIMELINE

Changed the effective date of the Act from July 1, 3000, to March 22, 2075.

DEFINITION

Added specific definitions for 'facial covering' and 'mask' to clarify that medical masks, weather gear, and tactical equipment are exempt from the new mask ban.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 16, 2026

Amended

House disagrees with Senate amendment (s).

lower

Apr 14, 2026

Introduced

Returned from Senate (Sen. Com. No. 700) in amended form (SD 2).

lower

Apr 14, 2026

Upper · Passed

Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 22; Aye(s) with reservations: none. Noes, 3 (Senator(s) Awa, DeCorte, Fevella). Excused, 0 (none). Transmitted to House.

upper

Apr 7, 2026

Upper · Passed

The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.

upper

Apr 1, 2026

Upper · Passed

The committee(s) on JDC will hold a public decision making on 04-07-26 10:15AM; Conference Room 016 & Videoconference.

upper

Mar 30, 2026

Upper · Passed

Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.

upper

Mar 30, 2026

Committee

Reported from PSM/EIG (Stand. Com. Rep. No. 3239) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.

upper

Mar 23, 2026

Upper · Passed

The committee(s) on PSM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in PSM were as follows: 3 Aye(s): Senator(s) Fukunaga, Lee, C., Hashimoto; Aye(s) with reservations: none ; 1 No(es): Senator(s) DeCorte; and 1 Excused: Senator(s) Inouye.

upper

Mar 23, 2026

Upper · Passed

The committee(s) on EIG recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EIG were as follows: 3 Aye(s): Senator(s) Wakai, Chang; Aye(s) with reservations: Senator(s) Richards ; 2 No(es): Senator(s) DeCoite, Fevella; and 0 Excused: none.

upper

Mar 16, 2026

Upper · Passed

The committee(s) on PSM/EIG has scheduled a public hearing on 03-23-26 3:00PM; Conference Room 016 & Videoconference.

upper

Mar 12, 2026

Committee

Referred to PSM/EIG, JDC.

upper

Mar 12, 2026

Introduced

Received from House (Hse. Com. No. 434).

upper

Mar 10, 2026

Lower · Passed

Passed Third Reading as amended in HD 2 with Representative(s) Kila voting aye with reservations; Representative(s) Alcos, Garcia, Gedeon, Kong, Matsumoto, Muraoka, Shimizu voting no (7) and Representative(s) Pierick excused (1). Transmitted to Senate.

lower

Feb 25, 2026

Lower · Passed

The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Cochran, Hashem, Kahaloa, Sayama, Takayama; Ayes with reservations: none; 2 Noes: Representative(s) Garcia, Shimizu; and 1 Excused: Representative(s) Belatti.

lower

Feb 18, 2026

Committee

Reported from ECD (Stand. Com. Rep. No. 428-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

lower

Feb 6, 2026

Lower · Passed

The committee on ECD recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Ilagan, Hussey, Holt, Tam, Templo, Yamashita; Ayes with reservations: Representative(s) Gedeon; Noes: none; and Excused: none.

lower

Feb 2, 2026

Committee

Referred to ECD, JHA, referral sheet 6

lower

Jan 28, 2026

Introduced

Introduced and Pass First Reading.

lower

10 primary · 0 co-sponsors