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COM 0125.001 2024-2026
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COM 0125.001 2024-2026
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Last modified
3/12/2025 8:34:02 AM
Creation date
2/13/2025 12:02:27 PM
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Communications
Communications - Type
COM
Communications - Council Term
2024-2026
Communication
0125
Point
001
Author
Jennifer Kagiwada, Council Member
Communications - Referred To
GOEAC
Document Relationships
AGE GOEAC 2025-03-18 2024-2026
(Related)
Path:
\Council Records\Agendas\2024-2026\Governmental Operations and External Affairs Committee (GOEAC)
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MEMORANDUM OF UNDERSTANDING <br />between <br />U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT <br />HOMELAND SECURITY INVESTIGATIONS <br />and <br />HAWAII POLICE DEPARTMENT <br />regarding <br />THE DESIGNATION OF HAWAII POLICE DEPARTMENT EMPLOYEES <br />AS CUSTOMS OFFICERS (EXCEPTED) <br />1. PARTIES. The Parties to this Memorandum of Understanding (MOU) are U.S. Immigration and Customs <br />Enforcement (ICE) Homeland Security Investigations (HSI) and the Hawaii Police Department <br />2. AUTHORITY. T`die 19. United States Code (U.S.C.), Section 1401(i);19 U.S.C. § 1589a. This MOU is also <br />authorized under the provisions Of the Homeland Security Act of 202 (Pub. L. No. 107-296) <br />3. PURPOSE. The Parties agree that effective enforcement of the laws relating to HSI jurisdiction requires close <br />cooperation and coordination between the hvb Parties. The Parties have therefore entered into this MOU to govern <br />the use of HSI designations by certain employees of the Hawaii Police Department <br />Pursuant to section 401(1), Tariff Act of 1930, as amended (19 U.S.C. § 1401(1)), the Secretary of Homeland Security <br />is authorized to designate persons as Customs Officers (Excepted) to perform the dugs of a Customs Officer. <br />Within ICE, this authority has been delegated to the HSI Special Agents in Charge. Pursuant to 19 U.S.C. § I689a, <br />customs officers are authorized to enforce the full range of federal offenses. However. In designating Customs <br />Officers (Excepted), HSI is not conveying the authority to onfarce administrative viofations of immigration iayv. <br />There may be instances when HSI determines that it is desirable for certain sworn taw enforcement enployees of <br />the Hawaii Police Department to perform certain HSI duties. This MOU sets forth <br />the agreement and relationship between the Parties with respect to this determination. <br />4. RESPONSIBILITIES. <br />The Parties agree as follows: <br />a. Designate certain employees of the Hawail Police Department as Customs <br />Officers (Excepted), without additional compensation, to perform the duties as noted on the 'Designation, <br />Customs Officer (Excepted) - Title 19 Task Force Officer (ICE Form 73-001). This form is attached and is <br />hereby made part of this MOU; <br />b. issue a'Designation. Customs Officer (Excepted) -Title 19 Task Force Officer (ICE Form 73-001) to each <br />qualified and designated employee; <br />C. Provide appropriate training in taws, policies, and procedures to each designated employee; <br />ICE Form 73-M (6114) Page 1 of 3 <br />
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