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HomeMy WebLinkAboutRES 399 Draft 02 2024-2026COUNTY OF HAWAI`I STATE OF HAWAI`I RESOLUTION NO. 399 2S (DRAFT 2) A RESOLUTION URGING THE STATE OF HAWAI°I TO PROTECT INDIVIDUALS AGAINST UNCONSTITUTIONAL ACTS COMMITTED BY FEDERAL IMMIGRATION AGENCIES. WHEREAS, on January 20, 2025, President Donald J. Trump issued Executive Order 14159, "Protecting the American People Against Invasion", which revoked prior immigration enforcement guidelines that prioritized public safety and humanitarian considerations, called for the expansion of state and local cooperation agreements with the federal government under Section 287(g) of the Immigration and Nationality Act, and directed a nationwide surge in immigration arrests, detentions, and removals, including the expanded use of expedited removals that bypass due process hearings; and WHEREAS, on January 20, 2025, the Trump Administration revoked the 2021 "Guidelines for Enforcement Actions in or Near Protected Areas", a long-standing directive that discouraged federal immigration enforcement in community spaces such as schools, healthcare facilities, places of worship, and disaster relief areas, thereby allowing federal immigration agents to conduct operations in sites that were previously safe for all residents; and WHEREAS, recent national and local events targeting immigrants and peaceful dissenters have underscored the importance of reaffirming the State's commitment to upholding constitutional rights for all residents, and remaining dedicated to justly enforcing laws, protecting individuals from government overreach or discrimination, and maintaining public trust; and WHEREAS, the Constitution of the United States and the Constitution of the State of Hawaii guarantee fundamental and due process rights to every individual, which the State of Hawaii must uphold and enforce; and WHEREAS, the Department of Homeland Security, (hereinafter, "DHS") and its component agencies, including Immigration and Customs Enforcement (hereinafter, "ICE") and Customs and Border Protection have dramatically escalated enforcement operations nationwide, including nearly tripling the number of detentions and removals in Hawaii from the previous year, leading to heightened fear in immigrant communities, family separations, and workplace disruptions; and WHEREAS, the 2023 U.S. Census Bureau's American Community Survey found that in the State of Hawaii, one out of five residents is an immigrant, totaling more than 255,000 people, over one-third of whom are noncitizens, including nearly half of Hawaii County's 25,000 foreign -born residents; and WHEREAS, Resolution No. 320-25, Draft 2, adopted by this body on October 22, 2025, recognized the importance of ensuring that the constitutional rights of all residents and our values as a multicultural society are protected; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that this body hereby urges the State of Hawaii to ensure the health and safety ofHawai`i Island residents by: 1. Prohibiting immigration enforcement officers —including ICE, DHS, and any federal agents detailed to immigration operations —from concealing their identities or wearing nonmedical masks that obscure their faces during public -facing enforcement operations, except during undercover investigations relating to criminal activity or when required due to emergency health concerns or environmental hazards; 2. Requiring state law enforcement agencies to inform any individual in custody of their rights in their preferred language when ICE requests an interview or issues a detainer; 3. Protecting sensitive community spaces from civil immigration enforcement and barring state agencies and contractors from assisting civil immigration enforcement without a judicial warrant; 4. Prohibiting State law enforcement and administration from providing privileged or confidential information, including but not limited to immigration status, to ICE or DHS; 5. Prohibiting fulfillment of detainer requests on behalf of ICE or DHS for civil matters; 6. Requiring that all immigration officers clearly identify themselves during public - facing enforcement operations, including displaying their agency and badge name and number, except during undercover investigations relating to criminal activity; 7. Prohibiting unmarked vehicles from being used for civil enforcement of ICE or DHS business; and 8. Prohibiting law enforcement agencies from entering into a memorandum of agreement with the Federal government pursuant to Section 287(g) of the Immigration and Nationality Act. 2 BE IT FURTHER RESOLVED that the County of Hawaii urges the Hawaii State' Legislature to support and enact legislation that upholds the values of the Constitution of the United States and the Constitution of the State of Hawaii regarding due process and immigrant rights. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable C, Kimo Alameda, Mayor of the County of Hawaii; the Honorable Joshua B. Green, M.D,, Governor of Hawaii; all members of the Hawaii State Legislature; and Anne E. Lopez, Attorney General, Dated at Kona , Hawai`i, this 17th day of December , 2025 , INTRODUCED BY: CO CIL M BER, COUNTY OF HAWAI`I COUNCIL MEMBP R, COUNTY OF HAWAPI COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on December 17, 2025 ATTEST: QCOT LERK CHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX GALIMBA x HUSTACE X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X 9 a 0 0 RESOLUTION C-625.2/GOEAC-84 11 . )C (DRAFT '2) 3