The American Civil Liberties Union of Hawai‘i is asking county leaders in the state to commit to not helping the federal government in immigration enforcement.
In a letter to Hawai‘i County’s Mayor Kimo Alameda, Police Chief Ben Moszkowicz, County Chair Holeka Inaba and council members, the nonprofit asks them specifically to not signing any 287(g) agreements with any entities within the Department of Homeland Security.
The letter all asks them to prevent state resources, such as personnel or facilities, from being used for immigration enforcement under any other agreements, like memoranda of understanding, also known as MOUs.
Collaborating with federal immigration efforts is not the domain of the state or counties, the letter states. The ACLU of Hawaiʻi is investigating concerns about how Immigration and Customs Enforcement warrants are executed, potential use of excessive force, and other violations of law.
“Immigrations and Custom Enforcement actions in Hawaiʻi have created a culture of fear in many residents, regardless of their citizenship status,” the letter stated. “Hawaiʻi’s counties and local law enforcement should not join in these unconstitutional and overreaching government actions.”
The letter goes on to say that memorandums of understanding, 287(g) agreements and other forms of informal collaboration may all become weaponized against Hawaiʻi residents. “They are inappropriate and imprudent uses of limited resources.”
Inaba confirmed receiving the letter on Friday and said he appreciated ACLU’s proactiveness and in-depth explanation of the current situation. He also said he has been concerned about the reports of the immigration enforcement on Hawai‘i Island.
“We continue to have open dialogue with our police to ensure that we are in compliance with the existing MOUs and not conducting enforcement activity outside the scope of HPD’s authority,” the council chair said.
Inaba added that he agrees with ACLU and doesn’t think the county should advance any further agreements.
The ACLU letter explains that the 287(g) program, named for a section of the Immigration and Nationality Act, delegates federal authority to carry out certain immigration enforcement activities to participating local law enforcement officers.
“Clarity is necessary in the present moment, especially as our counties have provided conflicting information about their relationship with ICE,” the letter reads. “While some counties believe or claim they do not have MOUs with ICE, the police departments of Honolulu, Maui, Hawaiʻi Island, and Kauaʻi do have MOUs with Homeland Security Investigations.”
Hawai‘i County Police Chief Ben Moszkowicz confirmed the police department has two memorandums of understanding with the Homeland Security Investigations, one that allows them to share office space with two special agents where they work with them on drug and human trafficking cases and the other authorizes the department to have task force officers cross-deputized for specific enforcement relating to drugs and violent crimes.
Moszkowicz clarified that these agreements do not include civil immigration enforcement.
“I have publicly committed that the Hawai‘i Police Department will not sign any 287(g) agreements with the Department of Homeland Security,” Moszkowicz said. “Our commitment remains to keep people safe, protect their rights and provide whatever humanitarian support we can to anyone in Hawai‘i. We have not, do not and will not conduct civil immigration enforcement.”
On Friday afternoon, Hawai‘i County Mayor Kimo Alameda said he hadn’t read the letter from ACLU but said if the federal government is violating the rights of citizens, “we shouldn’t be part of it.”
But he added that detaining illegal immigrants with a history of crime “makes sense.“
“I do understand the federal government’s concern for public safety, but it has to be done in the right way,” the mayor said.
Big Island Now also requested comment from Homeland Security Investigations regarding the letter, but has yet to respond.
This letter, sent on June 2, comes after months of reports of Immigration Customs Enforcement agents going to coffee farms, homes and even a school to detain and deport adults and children in Hawaiʻi.
n May, the Department of Homeland Security announced Immigration and Customs Enforcement detained and removed five criminal illegal aliens in the state, all of whom have a criminal record.
“Homeland Security Investigations agents in Kona have conducted search warrants, unaccompanied minor welfare checks, and a number of targeted enforcement actions,” federal officials stated in a news release in May.
At the time, Big Island Now requested the total number of people who had been arrest by ICE during President Trump’s second term in office, with a breakdown of how many people were arrested in Hawaiʻi County and their criminal history.
Erin Musso, a public affairs liaison with Homeland Security Investigations in Honolulu, provided a link to ICEʻs arrest and detention statistics. But at this site, there does not appear to be any data available for the state of Hawaiʻi.