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Hawaii Immigration Laws

Immigration law is primarily federal, but Hawaii has several state-level protections affecting immigrants. Hawaii is not formally a sanctuary state but has adopted sanctuary-like protections through legislative measures. The state allows undocumented residents to obtain driver's licenses, provides in-state tuition to qualifying undocumented students at the University of Hawaii, and does not mandate E-Verify for most employers.

Last verified: 2026-02-25

Key Hawaii Statutes

Driver's Licenses for All ResidentsHRS § 286-102 (as amended)

Hawaii allows all residents, regardless of immigration status, to obtain a standard driver's license. These licenses are not REAL ID compliant but are valid for driving in Hawaii.

In-State Tuition for Undocumented StudentsHRS § 304A-402

Hawaii law allows the University of Hawaii Board of Regents to offer resident tuition rates to undocumented students who meet residency and educational requirements, including attending a U.S. high school for at least 3 years and graduating.

Wage Protections for Immigrant WorkersHRS § 387-2; HRS § 388-2

Hawaii's wage and hour laws protect all workers regardless of immigration status. Employers cannot use immigration status as a defense against wage theft claims. The minimum wage ($16.00/hour as of January 2026) applies to all covered workers.

Sanctuary-Like ProtectionsVarious legislative measures

Hawaii has adopted multiple legislative and policy measures limiting local law enforcement cooperation with federal immigration enforcement. Children of undocumented immigrants attend public schools without fear of immigration enforcement, and state safety-net programs provide healthcare to undocumented immigrants.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Hawaii State Legislature — Revised Statutes. For advice about your specific situation, consult a licensed attorney.

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