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Home My WebLink AboutCOM 0125.028 2024-2026P / G06A c ids. -N-25 Comm .125 Statement Before The Tuesday, March 18, 2025 9:00 AM West Hawai'i Civic Center & Videoconference — in consideration of RESOLUTION 74-25 AUTHORIZESTHE MAYOR TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH FEDERALAND STATE PARTNERS TO SUPPORTTHEIR CONTINUED COOPERATION WITH THE HAWAI'I POLICE DEPARTMENT FOR THE SAFETY OF THE COUNTY OF HAWAI'I. 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) and one agreement with the Federal Bureau of Investigations relating to the Safe Streets Task Force. TLC is a Hawaii 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.2 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 hospitality, and 19.0% in professional services .4 There are between 41,000 - 50,500 undocumented immigrants in Hawai'i.s Hawaii is the only state where undocumented women (55%) outnumber men.b ' 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://usafacts.org/answers/how-many-immigrants-are-in-the-us/state/hawall/ and https://data.census.gov/profile/Hawaii?g=040XX000S15#populations-and-people (retrieved 1/14/2025). ' See https://www.americanimmigrationcouncil.org/sites/default/files/research/immigrants_in_hawaii.pdf (retrieved 1/14/2025). 4 See https://research,newamericaneconomv.ore/wp-content/uploads/sites/2/2021/08/Hawaii COVID Brief- v8.df (retrieved 2/13/2025). 5 See https://www.civilbeat.org/2024/12/data-dive-hawaf%CA%BBi-deportation-cases-hit-quarter-century-high/ (retrieved 1/14/2025). 6 See https://mchb.tvisdata.hrsa,gov/Narratives/Overview/aOac94cO-8538-417e-85c9-da6ac5cO6603 (retrieved 1/14/2025). Makiki: 1020 South Beretania St., Honolulu, Hawaii 96814 ■ Downtown: 1188 Bishop St., Ste 3209, Honolulu, HI 96813 www.tichawa� 0 (808) 777-7071 ■ fax (808) 930-0969 TLC is particularly concerned with Resolution 74-25 and the two agreements with DHS.7 One problematic agreement, which is not fully executed, is dated November 15, 2024, and provides at para. 5, Partnership and Investigative Responsibilities, that "HSI Honolulu Special Agents will work jointly with police offices of HPD on investigations that fall within the purview of the investigative authorities of HSI." Para. 2, Authority, of the agreement provides that "HSI Honolulu is granted law enforcement authority pursuant to 8 U.S.0 § 1357 ... and HSI Honolulu has jurisdiction to enforce violations listed under, but not limited to. Title 18 and 19 of the United States Code." Emphasis added. 8 U.S.0 § 1357 relates to powers of immigration officers and employees and HSI Honolulu's jurisdiction, under this agreement, is not limited to only enforcing Title 18 and 19 of the United States Code and may be expanded to include other law enforcement duties, such as immigration matters. Consequently, this agreement may result in HPD working "jointly" with HSI on immigration enforcement according to the plain language of the agreement. Further, this agreement states under para. 5 that "HPD will provide a secured space within its facilities for HSI Special Agents and their associated equipment at no cost to HSI, to include an area for secured file cabinets and temporary evidence storage that comports to HSI policy and guidelines governing evidence storage." For the community to observe HSI agents embedded in the HPD office with desk and storage space is highly concerning and could harm community policing. Certain community members may not feel comfortable with HPD, knowing the closeness of the working relationship between HSI and HPD. The agreement dated March 6, 2017 also raises concerns. It states in para. 3, Purpose, that "HSI is not conveying the authority to enforce administrative violations of immigration law." The March 6, 2017 agreement further states that "[t]here may be instances when HSI determines that it is desirable for certain sworn law enforcement employees of the Hawaii Police Department to perform certain HSI duties." HSI duties include immigration enforcement, and, therefore, these provisions are in conflict. The limiting provision — not conveying immigration enforcement authority — does not explicitly provide that it is superseding any other provision to the contrary contained in the document. Given the issues with two DHS agreements, TLC suggests that Resolution 74-25 be deferred until this Committee adopts a plan for oversight, accountability, and transparency by the Hawaii Police Department in the implementation of the agreements, plus periodic, routine public meetings to receive community feedback. TLC understands the need to share resources with the federal government to remove illegal hard drugs from Hawaii County, to stop cybercrime, and fora myriad of other reasons. However, during these times, thoughtful, deliberate engagement and knowing the parameters of duties and responsibilities of HPD is paramount to maintain community trust. The agreement dated January 20, 2015 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. 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, Saud�/ N4 Sandy Ma Community & Policy Advocate The Legal Clinic