Hawaii State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect immigrants’ daily lives and the services they can access. These rules and regulations vary by state.

In this article, you will find answers to several questions about Hawaii’s immigration laws, including:

• Whether law enforcement officials conduct immigration status checks on arrestees
• Whether Hawaii schools conduct any checks on applicants and students
• E-Verify use and restrictions, and if employers must verify the immigration statuses of workers and job applicants
• What documents immigrants need to get a Hawaii driver’s license
• Immigrant access to public benefits and social services
• How an immigration attorney can help you and where to find one

Immigration rules continue to evolve. Anyone facing an immigration issue in Hawaii should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Hawaii

At one time, a federal program called “Secure Communities” required police to search for arrestees’ immigration status in a database.  But in 2021, the Biden administration revoked the Executive Order former President Trump used to renew the program. It expired in 2017.

The new program only requires that convicts be checked in an immigration status-checking database. The new program is called the “Criminal Apprehension Program.” Information collected in this database is shared with the FBI and the Department of Homeland Security (DHS). It may also be shared with Immigration and Customs Enforcement (ICE).

Employment and Immigration

Refer to federal employment eligibility verification rules and the requirements for Form I-9.

Hawaii E-Verify Requirements

There is no requirement to use E-Verify for checking employees’ status. E-Verify is a program the federal government gives employers to check whether workers are legally allowed to work in the United States. For general information on the E-Verify system, visit FindLaw’s page on the subject. You can also see E-Verify.gov.

Driver’s License/ID Requirements

To obtain a Hawaii driver’s license, you must show proof of citizenship or legal residence, plus a valid Social Security number.

In 2016, Hawaii began offering a Limited Purpose Driver License, which allows immigrants who cannot prove legal presence or provide a Social Security number to get a license to drive within the state. Applicants must still show proof of their legal name, date of birth, and Hawaii residency.

The Limited Purpose License is not REAL ID compliant and cannot be used for federal identification purposes, such as boarding flights.

Public Benefits Restrictions

Under federal law, illegal immigrants are blocked from getting most public benefits. But, they can receive emergency services, health care, and other programs deemed “necessary to protect life and safety.”

Education Checks

Undocumented immigrants receive the same access to in-state tuition benefits as U.S. citizens who are also residents of Hawaii. This also applies to Deferred Action for Childhood Arrivals (DACA) recipients. 

This benefit extends to U visa holders, as well. It provides work authorization in the same way that a green card does. It provides many of the benefits of lawful permanent residency but remains temporary and offers pathways to lawful permanent residency.

U visas are also available to family members of victims of domestic violence. Victims need defense, and this visa can help toward that end. It can also help asylum seekers who have faced persecution in their country of origin. This visa type is available to non-citizens who have been victimized by domestic violence and many other crimes.

Voting ID Rules

Precinct officials may ask for a photo ID, but are not required to. Voters without ID may verify their identity by reciting their birthdate and address.

Housing Ordinances and Immigration

Hawaii landlords and property owners must follow all federal fair housing laws, which prohibit discrimination based on religion, national origin, or ancestry. 

How Can an Immigration Attorney Help?

Dealing with immigration on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues.

An attorney can help you with:

• Pursuing U.S. citizenship and the naturalization process
• Getting an immigrant visa or non-immigrant visa
• Appearing for deportation proceedings before the Board of Immigration Appeals (BIA)
• Facilitating communication with U.S. Citizenship and Immigration Services (USCIS)

The legal resources and legal help that attorneys provide are priceless tools. As legal service providers, they can make your life that much easier. Regardless of your national origin, lawyers can help.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Hawaii. Enter your location—whether Honolulu, Maui, or a neighboring island—for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Free or Low-Cost Legal Help May Be Available

If you can’t afford an attorney for your immigration issue, you may be eligible for free or low-cost legal help. Several nonprofits and legal aid organizations offer legal clinics and other free legal services to eligible immigrants and their families. Some immigration attorneys also work pro bono (for free).

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Hawaii: Related Resources

• Know Your Rights — Guide to protecting yourself and your family during immigration raids (PDF, CASA of Maryland and other organizations)
• Hawaii Immigrant Justice Center — Legal aid and advocacy organization for immigrants in Hawaii
• Legal Aid Society of Hawaii — This nonprofit organization provides free or low-cost legal services to qualified individuals. People who cannot afford legal help, including those who need an immigration attorney, should contact this organization.