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Committee approves HD1 for HB 457 to require custody warnings and redaction protections before ICE access

2174929 · January 30, 2025
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Summary

The House Committee on Economic Development and Technology on Jan. 29 passed HB 457 with amendments requiring law-enforcement agencies to provide oral or recorded custody warnings in the detainee’s language before ICE access and to redact personally identifiable information from reports.

The House Committee on Economic Development and Technology approved HB 457 as HD1, adopting amendments to require law-enforcement agencies to provide warnings to detained individuals before Customs and Border Protection/ICE access and to protect personally identifiable information in required reporting.

Supporters described the measure as ensuring detained individuals understand their rights. Lesley (Liza) Ryan Gill of the Hawaii Coalition for Immigrant Rights said these are analogous to Miranda-type warnings, noting, “You have the right to remain silent. You have the right to have an attorney or one provided to you.” Sandy Ma of the Legal Clinic said the Honolulu Police Department raised a practical issue that written warnings may not be readable by all detainees; the Legal Clinic’s suggested amendment — adopted by the committee — is to allow oral provision or recorded warnings in the detainee’s language.

The HD1 package also added language to require redaction of personally identifiable information in reports and an exception that, when disclosure would identify a specific individual, only aggregate counts should be reported. The committee adopted technical edits and consistency changes; the chair announced the recommendation to pass with amendments was adopted.

Why it matters: Proponents said oral or recorded warnings in the detainee’s language and redaction requirements will improve due process, particularly for people with limited English proficiency. The measure seeks to clarify the interaction between local law enforcement and immigration authorities and to protect detainee privacy.

Committee action: HB 457 advanced with HD1, which included oral/recorded warnings in language, redaction protections, and reporting exceptions to avoid identifying individuals.