Committees back HB 438 to establish state-funded access to counsel in immigration proceedings with amended training language

Honolulu — House Bill 438 HD1, a measure to create a due-process and immigration proceedings program to provide legal representation to low-income people in immigration court, was advanced by the House Committee on Judiciary & Hawaiian Affairs on Feb. 7 after extensive testimony for and against the proposal.

Supporters argued the bill protects due process for people facing deportation. Nathan Lee of ACLU Hawaii said legal representation dramatically improves outcomes: “people who had legal representation were four times more likely to be released from detention” and “twice as likely to obtain immigration relief,” testimony that the ACLU and legal clinics used to press for passage. Danica Ramos of the William S. Richardson School of Law Refugee and Immigration Clinic supported funding for counsel and suggested a technical amendment to replace a specific reference to the University of Hawai‘i Law School with broader language authorizing training and education by entities capable of delivering it.

Opponents urged caution about the use of state funds. Jamie Detwiler, representing Hawaiian Islands Republican Women, told the committee the group “stand[s] in strong opposition” and argued taxpayers should not fund counsel for people in the country unlawfully. Other opposition speakers characterized the bill as a taxpayer burden and urged pro-bono or privately funded alternatives.

Committee action and amendments: The committee adopted an amendment reflecting the law clinic’s suggestion: language that authorizes training and education by entities capable of providing those services, rather than naming the University of Hawai‘i William S. Richardson School of Law directly. Members also asked the finance committee to address a drafting inconsistency noted during questioning about income thresholds and the bill’s stated purpose. The bill was reported out with the HD1 and the committee moved it forward with the recommended amendment.

Vote and outcome: The committee voted to pass HB 438 HD1 with the proposed amendment and to forward it for further action. The record shows Representative Garcia voting no and Representative Shimizu recorded as voting “with reservations;” the recommendation was adopted.

Why it matters: Supporters said the measure would help ensure access to counsel in high-stakes immigration proceedings, where outcomes can include separation from family and deportation. Opponents argued that state-funded representation is not an appropriate use of taxpayer money for people unlawfully present and urged private or pro-bono solutions.

What’s next: The measure advances with committee amendments; the finance committee or floor may consider appropriations, eligibility thresholds, and the amended training language.