HomeMy WebLinkAboutRES 399 Draft 02 2024-2026
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 Hawai‘i guarantee fundamental and due process rights to every individual, which the State of Hawai‘i
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 Hawai‘i 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 Hawaiʻi, 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 Hawai‘i 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 Hawaiʻi to ensure the health and safety of Hawaiʻi 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.
BE IT FURTHER RESOLVED that the County of Hawai‘i urges the Hawai‘i 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 Hawai‘i 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 Hawai‘i; the Honorable Joshua B. Green,
M.D., Governor of Hawai‘i; all members of the Hawaiʻi State Legislature; and Anne E. Lopez, Attorney General.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
GALIMBA
HUSTACE
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KAGIWADA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
ATTEST:
KIMBALL
ONISHI
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.