The URL can be used to link to this page

Home My WebLink AboutCOM 0125.084 2024-2026V / Counci l lq-a'5 cow.1205 Statement Before the Hawai'i County Council Wednesday, April 2, 2025 at 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 HAWAIA POLICE DEPARTMENT FOR THE SAFETY OF THE COUNTY OF HAWAIA Chairman Dr. Inaba, Vice Chair Onishi, and Councilmembers: The Legal Clinic (TLC) is testifying with comments and concerns on Resolution 74-25, which authorizes the Hawaii Police Department (HPD) 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 Hawaii nonprofit, nonpartisan organization with a mission to ensure justice for low-income immigrants and migrants in Hawai'i through high -quality direct legal services, education, and advocacy. TLC works alongside immigrants so they can attain authorization to work and live with dignity, reunite with theirfamilies afteryears 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 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.3 There are between 41,000 - 50,500 undocumented immigrants in Hawai'i.4 TLC is particularly concerned with Resolution 74-25 and the proposed agreements with DHS that allow ICE to be embedded in the Hawaii Police Department and that allow HPD employees to be "deputized" to carry out DHS immigration functions. There is a real concern over the impact of such cooperative agreements on immigrants and police -community relations. Such 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 underresourced 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, such agreements do result in localities being adequately compensated by the federal government for immigration enforcement activities.5 As a result, several jurisdictions have had to terminate similar agreements.6 Presently, there is a positive, cooperative relationship between HPD and local communities, which may likely be altered if ICE is embedded within the police or police are deputized for immigration functions. ' See https:Hthehill.com/homenews/state-watch/567625-hawaii-california-and-nevada-are-most-diverse-states- in-the-us-census/ (retrieved 1/14/2025). ' See https:Husafacts.org/answers/how-many-immigrants-are-in-the-us/state/hawaii/ and https:Hdata.census.gov/profile/Hawaii?g=040XX000S15#populations-and-people (retrieved 1/14/2025). 'See https://research.newamericaneconomy.org/wp-content/uploads/sites/2/2021/08/Hawaii COVID Brief- vv8.pdf (retrieved 2/13/2025). 4 See https://www.civiIbeat.org/2024/12/data-dive-hawai%CA%BBi-deportation-cases-hit-quarter-century-high/ (retrieved 1/14/2025). 5 See hops://www.americanimmigrationcouncil.org/researchJ287g program -immigration (retrieved 2/14/2025). e See https://www.americanimmigrationcouncii.org/research/287g-program- immigration#::text=Once%20a%20287(g)%20agreement,any%20time%20by%20either%20party. Makiki: 1020 South Beretania St., Honolulu, Hawaii 96814 ■ Downtown: 1188 Bishop St., Ste 3209, Honolulu, HI 96813 www.tichawaii.org 0 (808) 777-7071 ■ fax (808) 930-0969 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. This is further compounded by the police department sharing office or meeting space with DHS/ICE; the optics of co -location are troubling. TLC suggests that Resolution 74-25 be deferred until review and adoption of proposed guardrails and monitoring stipulations such as those below are considered. TLC also suggests that this Committee adopts a plan for oversight, accountability, and transparency in the implementation of the agreements, if Resolution 74-25 moves forward, plus routine public meetings to receive community feedback. The Legal Clinic (TLC) urges that the following provisions be considered for monitoring and management of any cooperative agreement between local law enforcement and the federal Homeland Security Investigations/ICE agencies. These guardrails were drawn from statutes in other jurisdictions, with assistance from the Immigration Law & Resource Center (CA). These provisions would protect the rights and security of Hawai'i County residents, ensure transparency for Hawaii Police Department activities, and protect limited local resources. Suggested Guardrails for Hawai' County Cooperating Agreements between HPD & HSI Transparency and accountability for activities conducted under the HPD agreements with federal law enforcement agencies • Hawai'i County law enforcement must make public all Homeland Security Investigations (HIS) or ICE forms and agreements that delegate authority to any HPD officers, including the specific authorities delegated, to whom, and the time period for which they have been authorized. • HPD, with oversight from the Hawaii County Council, shall identify a complaint procedure to address any question of noncompliance or when a complaint is lodged alleging noncompliance or problems associated with such a federal -local a cooperative agreement program. HPD shall track and report on joint activities with HSI, including age, gender, primary language, cultural/ethnic background, and other non -identifying demographic data on residents who are investigated or arrested; the location of stops and arrests; data on any criminal or civil charges and outcomes; and respective roles of HPD and HSI officers. Reporting shall include any and all incidents and complaints of noncompliance or problems with the program, community safety issues, and any unanticipated budgetary costs. Reporting data shall be made available to the Council and the community on a quarterly basis. • HPD shall disseminate information to the community in various languages to explain the nature and purpose of the program and how the agreement with HSI will be implemented. • Hawai'i County Council must review the impacts of any signed agreement annually and request community stakeholder input in order to better gauge any fear or real experience that immigrant and COFA residents are having re ICE, HSI, and HPD cooperating activities. • HPD officers participating in the agreement shall be identified by age, gender, language(s) spoken, cultural/ethnic background, and other pertinent demographic data; special training received; officer safety issues; and years as a police officer. Reporting data shall be made available to the Council and the community on a quarterly basis. • The agreement between HPD and HSI shall have an end date one year following the date it becomes effective. Sixty (60) days prior to the termination date, HPD shall report publicly to the Hawaii County Council on the activities and effectiveness of the program, any collateral harms or arrests, and the costs incurred. Members of the community shall be notified in advance of the Council meeting and shall have the opportunity to submit written and/or in -person testimony. The Council shall determine whether or not to renew the agreement. Protection of limited local resources • The agreement between HPD and HSI shall specify budgetary responsibilities for activities conducted in connection with the agreement, including overtime pay, training costs, liability for injuries sustained by officers or members of the public, official vehicle use, and other costs. • HPD shall not assist ICE/HSI in immigration enforcement, and shall not conduct joint patrols, workplace or home raids, or random traffic stops for the purpose of immigration enforcement. • No use of Hawai'i County funds or other resources shall be permitted under this agreement, except as specified for personnel time within the agreement or as required under state or federal law. Overtime costs incurred as a result of the agreement shall not be the responsibility of Hawai'i County. See sample funding limitation language in the proposed resolution of the North Dakota Minot Police Department which includes details about the reimbursement in the actual commissioners' resolution, along with a separate MOU about funding. https://www.dothan.org/ARendaCenter/ViewFile/Item/7953?filelD=15877 • HPD shall track and report to the Hawai'i County Council on any and all unanticipated budgetary costs that result from the agreement. Protection of the rights, security, and privacy of members of the immigrant community • HPD officers shall not question people about their citizenship, immigration status, country of origin, or place of birth. • HPD officers shall not initiate or prolong stops forthe purpose of enforcing civil immigration matters, such as suspicion of undocumented status, nor shall they prolong stops for the purpose of allowing federal immigration authorities to conduct such investigation. • HPD shall state what the protocol is if someone doesn't have ID at the time of citation, questioning, or arrest, and how and how often law enforcement officers are advised of this protocol. • Witnesses and victims shall not be interrogated as to immigration status, country of origin, or other personal information not directly related to the crime(s) they are reporting. Every effort shall be made to ensure their comfort and safety, and to secure an interpreter if needed. • ICE/HSI officers or agents shall not be given access to Hawai'i County jail facilities, information about detainees or their release dates, or computer or written files unless ICE/HSI has a judicial warrant. If an ICE officer is allowed on jail complex premises, the officer must wear a uniform or badge that clearly identifies the officer by name and agency. • No detainee shall be questioned by ICE/HSI without a judicial warrant, and then only if the detainee has access to an attorney. If ICE agents wish to speak with a detainee in Hawaii County custody, the person shall first be advised, in writing, that federal immigration agents want to interrogate them, and they may choose to accept or decline, or accept only with a lawyer present. • Hawai'i Police Depatment police or sherriff/county shall not detain an individual solely on an ICE hold if the person is otherwise due to be released. 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 director@tichawaii.org. Very respectfully yours, Bettina Mok Executive Director The Legal Clinic