Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Immigration Enforcement topic
No spam. Unsubscribe anytime.
Committee advances HB 22 allowing brief detention on civil immigration detainers
Summary
The House Committee on Economic Development and Technology voted to pass HB 22 as introduced, a bill authorizing state or local law enforcement to detain individuals for up to 48 hours on civil immigration detainers under specified conditions; supporters urged changes to probable-cause language and constitutional protections during testimony.
The House Committee on Economic Development and Technology on Jan. 29 voted to pass HB 22 as introduced, a bill that would allow a state or local law enforcement agency to detain an individual for up to 48 hours on the basis of a civil immigration detainer if the person has a felony conviction within five years or if there is probable cause to believe the person engaged in terrorist activity.
Supporters and civil-rights groups who testified urged narrowing or removing some provisions. “We respectfully request that the probable probable cause provision be stricken,” said Sandy Ma of the Legal Clinic. Sunny Ganaden, deputy public defender, said the bill should not “abrogate the state constitution” and urged deletion of what he identified as “section b 2,” arguing the bill should not remove the warrant requirement.
Nathan Lee of the ACLU of Hawaii testified that states have leeway to set their immigration cooperation policies, saying, “the 10th amendment prevents the federal government from commandeering the state to force it to institute its immigration policy.” Lee also emphasized due-process rights for residents regardless of citizenship status.
Committee discussion noted an existing provision in the bill allowing counties to adopt stronger standards; the chair said that language was already included and therefore no additional amendment on that point was needed. The committee chair recommended passing the bill “as is.”
The committee vote recorded the chair and vice chair voting aye, followed by Representatives Holt, Tam, Templo, Todd and Matsumoto; the chair announced the recommendation was adopted.
Why it matters: Supporters said HB 22 balances public-safety concerns and constitutional protections, while critics warned that removing warrant requirements or leaving broad probable-cause language could risk civil-rights protections and increase fear in immigrant communities. The committee advanced the bill to the next stage of the legislative process.
Votes at decision: The committee adopted the chair’s recommendation to pass HB 22 as introduced.
