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HomeMy WebLinkAboutCOM 0516.051 2024-2026Fujrwara& W9sen6auny rLrC .Nakfa Corporate Tower iiomfakFa St:, IFE 20, Suite B Monolufi4 ?fawaff 96813 G N l tJt October 20, 2025 N To: Holeka Goro Inaba, Chair Dennis "Fresh" Onishi, Vice Chair Members of the Hawai'i County Council-25, 0 Re: Res.320-25 Draft 01 2024-2026, Expresses Support for.Due Process and the o Protection of Constitutional Rights for All Residents of the County of Hawai'i and Affirms the County's Commitment to Multiculturalism and Its Immigrant Heritage, SUPPORT 25th Session: Wednesday, October 22, 2025, 9 a.m. Hilo Council Chambers, Rm. 1401 From: Elizabeth Jubin Fujiwara, Senior Partner As a civil rights attorney since 1986 and, as importantly, a Volcano resident I offer this analysis to assist our Council in further understanding the profound State constitutional foundations that support this resolution. My testimony addresses how Resolution No. 320-25 aligns with, and advances core principles enshrined in our Hawai'i State Constitution, statutory law, and our state's foundational values. CONSTITUTIONAL ANALYSIS I. Alignment with the Hawai'i Constitution's Foundational Principles Resolution No. 320-25 stands firmly rooted in the constitutional bedrock of our state. The Hawai'i Constitution's Preamble establishes our commitment to governance "with an understanding and compassionate heart toward all the peoples of the earth."' This foundational principle directly supports the resolution's affirmation of the County's commitment to multiculturalism and protection of constitutional rights for all residents. The resolution's request that the Mayor review existing, and potential agreements with public and private partners to ensure constitutional rights of residents are protected directly implements the constitutional mandate for compassionate governance toward all peoples. U. Due Process and Equal Protection Guarantees The resolution's emphasis on due process protection finds explicit constitutional support in Article I, Section 5 of the Hawai'i Constitution, which guarantees both due process and equal protection." This provision requires that all persons within the state's jurisdiction receive fair treatment under law, regardless of immigration status. The resolution's specific request that the Hawai'i Police Department limit its involvement with Immigration and Customs Enforcement to cases involving criminal activity serves as a crucial safeguard ensuring that civil immigration violations do not become pretexts for circumventing due process protections guaranteed to all residents. ' 1101 Comm. V Ref. To: Ref. Date 0 T 2 2 2025 Telephone:(808)203-5436 0 Emaik ef@frlawhicom 0 `Weftite: www.fdaw6icom - III. Cultural Preservation and Diversity Mandates Article IX, Section 9 of the Hawaii Constitution explicitly grants the State power to "preserve and develop the cultural, creative and traditional arts of its various ethnic groups." Resolution No. 320-25's affirmation of the County's commitment to multiculturalism and its immigrant heritage directly advances this constitutional mandate by protecting the diverse communities that contribute to Hawai'i's rich cultural tapestry. The resolution recognizes that protecting immigrant communities from excessive federal enforcement actions preserves the cultural diversity that our Constitution explicitly values and protects. IV. The Law of the Splintered Paddle and Public Safety Article IX, Section 10 enshrines the Law of the Splintered Paddle (mamala-hoe kanawai) as "a unique and living symbol of the State's concern for public safety," decreeing that "every elderly person, woman and child lie by the roadside in safety.""' This ancient law, established by Kamehameha I in 1797, mandates protection for all vulnerable persons. The Hawai'i Supreme Court has reaffirmed that this principle requires that "all people, including the elderly, women and children, could lie by the pathways in safety" and that "equality before the law has long been a guiding principle in Hawai'i."iv Resolution No. 320-25 advances this constitutional principle by ensuring that immigrant families, including vulnerable elderly persons, women, and children, can access essential services and interact with local government without fear of immigration enforcement actions unrelated to criminal activity. V. The Aloha Spirit Statute as Constitutional Guidance The Aloha Spirit Statute (HRS §5-7.5) provides constitutional guidance for governmental decision -making. The statute defines "Aloha Spirit" as "the coordination of mind and heart within each person" and establishes that "each person must think and emote good feelings to others." The statute specifically provides that those "using their power" in government "may contemplate and reside with the life force and give consideration to the 'Aloha Spirit."'v The Hawai'i Supreme Court has recognized that the Aloha Spirit law "establishes that 'aloha means mutual regard and affection in which each person is important to every other person"' and that "these words define the shared vision for our state that we adopted as a people."' Resolution No. 320-25 embodies the Aloha Spirit by ensuring that all residents —regardless of immigration status —are treated with the mutual regard and affection that our constitutional framework demands. LEGAL IMPLICATIONS AND PRECEDENTS I. Historical Context and Constitutional Imperative The constitutional importance of this resolution gains particular urgency when viewed against Hawai'i's historical experience with discriminatory federal enforcement actions. As documented "after the Empire of Japan attacked Pearl Harbor on December 7, 1941, 2 FDR ordered the internment of the Japanese Americans, regardless of their citizenship" through Executive Order 9066"" The historical record shows that "these prisoners were never even charged with a crime, let alone convicted. Two-thirds of them were U.S. citizens, born in the U.S." In Hawai'i specifically, "the U.S. government interned 2,270 people of Japanese ancestry" with "military personnel and local authorities collaborating on arrests."°"' This historical precedent demonstrates the constitutional necessity of local governments establishing clear boundaries regarding cooperation with federal enforcement actions that may violate due process rights. IL Contemporary Constitutional Concerns Current federal immigration enforcement policies raise similar constitutional concerns. Recent analysis warns that "America is now poised to allow a new version of the same profound injustice" with plans to "begin rounding up as many as 20 million immigrants — including U.S. citizens born here and granted birthright citizenship." ix The Hawai'i Supreme Court has recently reaffirmed its commitment to constitutional principles, stating: "We reject any suggestion that programs that seek to welcome all people into our courtrooms, and support all members of our workforce, are in any way inconsistent with our national and Hawai'i state civil rights laws. Rather, they protect against bias, allow each individual to be judged on their merits, strengthen our community, and enable us to live up to the promise of equal justice for all."x III. Federal -State Constitutional Balance Resolution No. 320-25 appropriately balances federal immigration enforcement authority with state constitutional obligations. By limiting local cooperation to cases involving criminal activity, the resolution maintains appropriate law enforcement cooperation while protecting the due process and equal protection rights guaranteed by the Hawai'i Constitution. The resolution does not interfere with federal immigration enforcement authority but rather ensures that local resources and authority are not used in ways that violate state constitutional protections for residents. REASONS for ADOPTION Based on this constitutional analysis, I strongly recommend that the Council adopt Resolution No. 320-25 for the following reasons: 1. Constitutional Compliance The resolution directly implements multiple provisions of the Hawai'i Constitution, including due process and equal protection guarantees, cultural preservation mandates, and the Law of the Splintered Paddle's protection for vulnerable persons. 2. Historical Responsibility Given HawaiTs experience with discriminatory federal enforcement actions during World War II, the resolution represents a constitutional commitment to preventing similar violations of residents' rights. 3 3. Community Safety and Trust By ensuring that local law enforcement focuses on criminal activity rather than civil immigration violations, the resolution promotes community safety by encouraging all residents to cooperate with law enforcement and access essential services without fear. 4. Aloha Spirit Implementation The resolution embodies the Aloha Spirit's mandate for mutual regard and affection toward all persons, implementing this constitutional principle in practical governance. 5. Judicial Alignment The resolution aligns with the Hawaii Supreme Court's recent reaffirmation of principles supporting equal justice for all and rejection of discriminatory enforcement practices. ADDRESSING POTENTIAL COUNTERARGUMENTS Some may argue that immigration enforcement is exclusively a federal matter. However, this resolution does not interfere with federal authority but rather ensures that local government actions comply with state constitutional requirements. The Tenth Amendment to the U.S. Constitution and principles of federalism support states' authority to establish constitutional protections for their residents that exceed federal minimums. Others may contend that limiting cooperation with federal immigration enforcement compromises public safety. However, the resolution specifically maintains cooperation in cases involving criminal activity while protecting the due process rights that enhance community safety by encouraging all residents to report crimes and cooperate with law enforcement. CONCLUSION Resolution No. 320-25 represents a constitutional imperative rooted in the foundational principles of the Hawai'i Constitution. The resolution's protection of due process rights, affirmation of multiculturalism, and limitation of immigration enforcement cooperation to criminal matters directly implements constitutional mandates including due process and equal protection guarantees, cultural preservation requirements, the Law of the Splintered Paddle's protection for vulnerable persons, and the Aloha Spirit's call for mutual regard and affection toward all people. The resolution honors Hawai'i's constitutional commitment to governance "with an understanding and compassionate heart toward all the peoples of the earth" while learning from our historical experience with discriminatory federal enforcement actions. I respectfully urge the Council to adopt Resolution No. 320-25 as a necessary implementation of our state's constitutional principles and values. The resolution strengthens our community by ensuring that all residents can access essential services, cooperate with law enforcement, and contribute to our diverse cultural heritage without fear of immigration enforcement actions unrelated to criminal activity. Thank you for your consideration of this constitutional analysis and for your continued commitment to protecting the rights and dignity of all Hawaii County residents. Il ' PREAMBLE: "We, the people of Hawaii, grateful for Divine Guidance, and mindful of our Hawaiian heritage and uniqueness as an island State, dedicate our efforts to fulfill the philosophy decreed by the Hawaii State motto, 'Ua mau ke ea o ka aina i ka pono.' We reserve the right to control our destiny, to nurture the integrity of our people and culture, and to preserve the quality of life that we desire. We reaffirm our belief in a government of the people, by the people and for the people, and with an understanding and compassionate heart toward all the peoples of the earth, do hereby ordain and establish this constitution for the State of Hawaii." " HRS Const. Art. I, § 5: "No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry." "'HRS Const. Art IX, § 10: "The law of the splintered paddle, mamala-hoe kanawai, decreed by Kamehameha I — Let every elderly person, woman and child lie by the roadside in safety — shall be a unique and living symbol of the State's concern for public safety. "The State shall have the power to provide for the safety of the people from crimes against persons and property." 'vStatement by the Hawaii Supreme Court Affirming Principles of Equal Justice for All (March 5, 2025): "These principles of justice and servant leadership run deep in Hawaii. In 1797, King Kamehameha I decreed the Law of the Splintered Paddle: Ke Kanawai Mamalahoe, that people great and humble should be respected alike, and that all people, including the elderly, women and children, could lie by the pathways in safety. Equality before the law has long been a guiding principle in Hawaii. It seeks to elevate all people by recognizing their common humanity and eliminating the barriers that keep them from fully participating in society. It is a message that remains as important today as it was in 1797, and will always continue to guide the work we do at the Hawai'i State Judiciary." v HRS § 5-7.5 --Aloha Spirit. (a) "Aloha Spirit" is the coordination of mind and heart within each person. It brings each person to the self. Each person must think and emote good feelings to others. In the contemplation and presence of the life force, "Aloha", the following unuhi laula loa may be used: "Akahai", meaning kindness to be expressed with tenderness; "Lokahi", meaning unity, to be expressed with harmony; "Oluolu", meaning agreeable, to be expressed with pleasantness; "Haahaa', meaning humility, to be expressed with modesty; "Ahmmi", meaning patience, to be expressed with perseverance. These are traits of character that express the charm, warmth and sincerity of Hawai'i's people. It was the working philosophy of native Hawai'ians and was presented as a gift to the people ofHawai'i. "Aloha" is more than a word of greeting or farewell or a salutation. "Aloha" means mutual regard and affection and extends warmth in caring with no obligation in return. "Aloha" is the essence of relationships in which each person is important to every other person for collective existence. "Aloha" means to hear what is not said, to see what cannot be seen and to know the unknowable. (b) In exercising their power on behalf of the people and in fulfillment of their responsibilities, obligations and service to the people, the legislature, governor, lieutenant governor, executive officers of each department, the'chief justice, associate justices, and judges of the appellate, circuit, and district courts may contemplate and reside with the life force and give consideration to the "Aloha Spirit". v' Statement by the Hawaii Supreme Court Affirming Principles of Equal Justice for All (March 5, 2025): "We strive to ensure that all people receive fair and respectful consideration in our court rooms. We are guided in this work by the Aloha Spirit law, Hawai'i Revised Statutes § 5-7.5, which establishes that `aloha means mutual regard and affection ...in which each person is important to every other person.' These words define the shared vision for our state that we adopted as a people." v'' After the Empire of Japan attacked Pearl Harbor on December 7, 1941, FDR ordered the internment of the Japanese Americans, regardless of their citizenship two months later. Executive Order 9066. The War Relocation Authority (WRA) was established on March 18ih to organize their removal. "These prisoners were never even charged with a crime, let alone convicted. Two-thirds of them were U.S. citizens, born in the U.S.-the remainder could not have become citizens because at that time people of Asian origin were prohibited from naturalization." https://www.hawaiiintemment.orp-/untold-story/resources [Emphasis added]. See also Removed by Force: Tile Eviction ofHawai`i's Japanese Americans Durine WWII [Removed by Force, directed by Ryan Kawamoto and produced by Hawai'i attorney Bill Kaneko, is a full-length documentary which describes the untold story of 1,500 Americans of Japanese ancestry in Hawaii who were unlawfully evicted from their homes during WWII. These cases were separate and apart from the unlawful incarceration of 120,000 Japanese American incarcerated on the West Coast and Hawai'i. The film is based on the research and writings about the legal cases spearheaded by the Honolulu JACL which resulted in $30M in redress compensation from the US Department of Justice]; Michi Weglyn's landmark Years of Infamy. The Untold Story of America's Concentration Camps, and the NBC -produced documentary "Guilty by Reason of Race." v"' Fueled by suspicions of disloyalty with military personnel and local authorities collaborating on arrests, the U.S. government interned 2,270 people of Japanese ancestry in Hawaii. The "internees" were at first confined to the local internment camps, with most being sent to O'ahu's U.S. Immigration station before being transferred to internment camps on the mainland. ix America is now poised to allow a new version of the same profound injustice that nearly destroyed the Japanese in America. Donald Trump has vowed that he will move immediately to begin rounding up as many as 20 million immigrants — including U.S. citizens born here and granted birthright citizenship - - and deport them. "If he achieves his goal, approximately one in 16 people living in America could be imprisoned and deported over the next four years. The time between President Roosevelfs executive order and the first arrival to the Manzanar War Relocation Center was 30 days." A Racist Purge Almost Destroyed My Family. Another One Is Coming. Timothy Soseki Kudo, hgps://www.nvtimes.com/2025/01/18/opinion/immigration-trump-ww2-Japanese- intemment.html " Statement by the Hawaii Supreme Court Affirming Principles of Equal Justice for All (March 5, 2025).