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Home My WebLink AboutCOM 0125.007 2024-2026Statement Before The Tuesday, February 18, 2025 9:00 AM West Hawaii Civic Center & Videoconference in consideration of RESOLUTION 74-25 AUTHORIZES THE MAYOR TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH FEDERAL AND STATE PARTNERS TO SUPPORT THEIR CONTINUED COOPERATION WITH THE HAWAI'I POLICE DEPARTMENT FOR THE SAFETY OF THE COUNTY OF HAWAI'1. Chair KAGIWADA, Vice Chair KANEALI'I-KLEINFELDER, and Members of the Committee on Governmental Operations and External Affairs The Legal Clinic (TLC) is testifying with comments and concerns on Resolution 74-25, which authorizes the Police Department to enter into two agreements with the Department of Homeland Security (DHS) relating to immigration and customs enforcement and one agreement with the Federal Bureau of Investigations relating to the Safe Streets Task Force. TLC is a Hawai'i nonprofit, nonpartisan organization. TLC is a direct legal services provider, representing those in Hawaii who meet income eligibility guidelines without regard to immigration status, national origin, ethnic background, race, religion, ideology, gender identity, sexual orientation, age, or disability. TLC works alongside immigrants so they can attain authorization to work and live with dignity, reunite with their families after years of separation and escape horrific violence to find refuge in the United States. TLC recognizes that every person needs and deserves to feel a sense of trust, welcome, and belonging. According to the 2020 U.S. Census, Hawaii is the most diverse state in the nation.' In 2023, Hawaii had about 256,000 immigrants, which is approx. 18% of the State population.' The top countries of origin for immigrants were the Philippines (45 percent of immigrants), China (9 percent), Japan (8 percent), Korea (6 percent), and the Pacific Island Nations (4 percent).3 In Hawaii County, there are approximately 21,800 immigrants with 28.9% working in the agricultural industry, 20.7% in tourism, recreation, and ' See https://thehill.com/homenews/state-watch/567625-hawaii-california-and-nevada-are-most-diverse-states- in-the-us-census/ (retrieved 1/14/2025). 2 See https:Husafacts.org/answers/how-many-immigrants-are-in-the-us/state/hawaii/ and https://data.census.gov/profile/Hawaii?g=040XX000515#populations-and-people (retrieved 1/14/2025). 3 See https://www.americanimmigrationcouncil.org/sites/default/files/research/immigrants_in_hawaii.pdf (retrieved 1/14/2025). Makiki: 1020 South Beretania St., Honolulu, Hawai'i 96814 ■ Downtown: 1188 Bishop St., Ste 3209, Honolulu, HI 96813 www.tichawaii.org 0 (808) 777-7071 ■ fax (808) 930-0969 hospitality, and 19.0% in professional services.' There are between 41,000 - 50,500 undocumented immigrants in Hawai'i.' Hawai'i is the only state where undocumented women (55%) outnumber men.' TLC is particularly concerned with Resolution 74-25 and the two agreements with the Department of Homeland Security (DHS) relating to immigration and customs enforcement.' If the two DHS agreements are similar to the ones from 2016 and 2017, then they are highly problematic, as they permit ICE to be imbedded in the Hawaii Police Department and allow Hawaii Police Department employees to be "deputized" to carry out DHS immigration functions. These agreements are in essence 287(g) agreements. Section 287(g) of the Immigration Nationality Act allows the federal government to enter into formal written agreements (Memoranda of Agreement or MOAs) with state or local law enforcement agencies that deputize selected state law enforcement officers to perform certain functions of federal immigration agents. There is a real concern over the impact of the 287(g) program on immigrants and police -community relations. Local law enforcement is not trained in immigration enforcement, and 287(g) agreements only provide local law enforcement officials with limited training in immigration enforcement. Thus, stereotypes and discriminatory tactics are often employed to detain individuals suspected of being in the county without authorization, resulting in civil rights violations. Further, local law enforcement is under resourced and immigration enforcement is not a core function. This means that local law enforcement enforcing federal immigration laws is not an efficient use of limited resources. Additionally, 287(g) agreements do not result in localities being compensated by the federal government for immigration enforcement activities.$ As a result, several jurisdictions have had to terminate their 287(g) agreements.9 Currently, there are no 287(g) agreements in effect in Hawai'i. Resolution 74-25 would change this and change the dynamic between the Hawaii Police Department and local communities. Presently, there is a positive, cooperative relationship between the Hawaii Police Department and local communities, which may likely be altered if ICE is embedded within the police or police are deputized for immigration functions. TLC notes there is now much fear among foreign -born residents with the federal administration's bombastic rhetoric and actions around immigrations, and Resolution 74-75 may likely exacerbate the situation. ' See https://research.newamericaneconomy.org/wp-content/uploads/sites/2/`2021/08/Hawaii COVID Brief- v8.pdf (retrieved 2/13/2025). 5 See https://www.civilbeat.org/2024/12/data-dive-hawai%CA%BBi-deportation-cases-hit-quarter-century-high/ (retrieved 1/14/2025). 'See https:Hmchb.tvisdata.hrsa.gov/Narratives/Overview/aOac94cO-8538-417e-85c9-da6ac5cO6603 (retrieved 1/14/2025). ' The agreement with the Federal Bureau of Investigations relating to the Safe Streets Task Force (SSTF) may also be problematic as the federal government is taking a "whole of government" approach to immigration. Therefore, the SSTF agreement — with its reference to violence to gangs -- may also coopted be an immigration enforcement tool to the detriment of the Hawaii Police Department and the community, as the federal administration often likens immigrants to violent gangs. a See https://www.americanimmigrationcouncii.org/research/287g-program-immigration (retrieved 2/14/2025). 9 See https://www.americanimmigrationcouncil.org/research/287g-program- mmi ration: :text=Once°1�20a%720287()%20agreement anv`%20timelo20bv".t20either%20pap rty. (retrieved 2/14/2025). TLC suggests that Resolution 74-25 be deferred until the actual agreements are provided for review, given the serious concerns raised. TLC also suggests that this Committee adopts a plan for oversight, accountability, and transparency by the Hawai'i Police Department in the implementation of the agreements, if Resolution 74-25 moves forward, plus periodic, routine public meetings to receive community feedback. Thank you for the opportunity to provide comments with serious concerns as to Resolution 74-25. If you have any questions of me, please contact me at sma@tichawaii.org. Very respectfully yours, .54a4 7&4 Sandy Ma Community & Policy Advocate The Legal Clinic