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GOEAC-27 Page 3 March 18, 2025 <br />Chief Moszkowicz then spoke about the MOUs individually. The FBI body camera footage language is being <br />updated, as it was not included in older versions of these agreements. <br />He stated that the first Homeland Security Investigations MOU is to create TFOs authorized under <br />Title 19 of the U.S. Code who can help conduct Federal investigations. The MOU includes language to limit <br />what these powers include and states that HSI is not conveying the authority to enforce administrative <br />violations of immigration law. This means that TFOs do not have Title 8 authority. <br />The final MOU is regarding the use of office space that HSI has had access to over at least the last five years. <br />Two HSI officers spend time and use office space within HPD buildings; they have two desks and a filing <br />cabinet. This MOU keeps that relationship updated and current. <br />Chief Moszkowicz added that all these agreements are subject to a 30-day withdrawal period from either side. <br />Additionally, he added that these MOUs are not authorizing a 287(g) relationship, as some testifiers were <br />concerned about. To do that, it would require an additional agreement that, as Chief, he is not interested in <br />entertaining. <br />Chief Moszkowicz explained that within the framework of the MOU, he sees the role of HPD officers as <br />conducting investigations and making arrests using Titles 19 and 18 of Federal law regarding violations of <br />criminal law, for example, regarding violent crime, robberies, drug trafficking, and human trafficking. Chief <br />Moszkowicz said that within real examples that have played out in our community recently, he sees HPD <br />officers' roles as 1) protect people from injury and violence, 2) protect people's rights, and 3) provide <br />humanitarian assistance in whatever way they can. <br />Member Rebecca Villegas stated that she is not in support of these MOUs because of how the Federal <br />government is behaving regarding upholding the rule of law, not because she does not trust HPD. <br />Member Kimball asked Corporation Counsel Renee Schoen and Deputy Corporation Counsel Cody Frenz for <br />their legal interpretation regarding the last clause on authority, where HSI Honolulu says they are granted <br />enforcement jurisdiction under Titles 18 and 19 of the U.S. Code. Ms. Frenz said in Section 2 of that MOU it is <br />listing what authority HSI Honolulu is granted under Federal statutes. <br />Committee Member James Hustace asked Chief Moszkowicz if he was able to explain what the other counties <br />have agreed to and why our County has the only Department of Homeland Security MOU. Chief Moszkowicz <br />said that the other counties have similar agreements. <br />Member Hustace then asked about the shared space MOU and associated costs that we may not be <br />compensated for. Chief Moszkowicz said that they are not incurring additional costs in allowing these agents <br />to utilize shared HPD space. <br />Member Inaba asked what the difference is between 287(g) enforcement versus Immigration and Customs <br />Enforcement Form 73-001. He said that in reading the forms, it appears to allow for the same type of <br />enforcement. Ms. Frenz stated that if those boxes on the form are not checked, then they are not intending to <br />move forward with those enforcement actions. <br />GOEAC Report No. 27 <br />