ACLU of Hawai‘i asks county leaders not to collaborate with Immigration and Customs Enforcement

The American Civil Liberties Union (ACLU) of Hawaiʻi is urging county leaders in the state to refrain from assisting the federal government with immigration enforcement.

Specifically, the nonprofit organization requests that they do not enter into any 287(g) agreements with any entities within the Department of Homeland Security.

The letter also urges them to prevent state resources, such as personnel or facilities, from being used for immigration enforcement under any other agreements, like memoranda of understanding.

“Collaborating with federal immigration efforts is not the responsibility of the state or counties,” the letter states. The ACLU of Hawaiʻi is investigating concerns about how Immigration and Customs Enforcement (ICE) warrants are executed, potential use of excessive force, and other violations of law.

“ICE actions in Hawaiʻi have created a culture of fear among many residents, regardless of their citizenship status,” the letter stated. “Hawaiʻi’s counties and local law enforcement should not participate in these unconstitutional and overreaching government actions. They are an improper and imprudent use of limited resources.”

The letter further states that memoranda of understandings, 287(g) agreements, and other forms of informal collaboration might all be used against Hawaiʻi residents.

Hawaiʻi County Council Chairman Holeka Inaba confirmed receiving the letter on Friday and expressed appreciation for the ACLU’s proactive approach and detailed explanation of the current situation. He also noted his concerns about the reports of immigration enforcement on Hawaiʻi Island.

“We continue to have open dialogue with our police to ensure that we are complying with the existing MOUs and not conducting enforcement activities outside the Hawaiʻi Police Department’s authority,” Inaba said.

Inaba added that he aligns with the ACLU’s stance and doesn’t think the county should pursue 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 local law enforcement officers to carry out certain immigration enforcement activities.

“Clarity is necessary at this moment, especially as our counties have provided conflicting information about their relationship with ICE,” the letter states. “While some counties believe or claim they do not have memoranda of understandings with ICE, the police departments of Honolulu, Maui, Hawaiʻi Island, and Kauaʻi do have memoranda of understandings with Homeland Security Investigations.”

Hawaiʻi County Police Chief Ben Moszkowicz confirmed the police department has two memoranda of understandings with Homeland Security Investigations, one that allows them to share office space with two special agents working on drug and human trafficking cases, and the other authorizes task force officers to be cross-deputized for specific enforcement related to drugs and violent crimes.

This letter, sent on June 2, follows months of reports of ICE agents visiting coffee farms, homes, and even a school to detain and deport adults and children in Hawaiʻi.

In May, the Department of Homeland Security announced that ICE detained and removed five criminal illegal aliens in the state, all of whom have a criminal record.

“Homeland Security Investigations agents have conducted search warrants, unaccompanied minor welfare checks, and several targeted enforcement actions,” federal officials stated in a news release in May.

Erin Musso, a public affairs liaison with Homeland Security Investigations in Honolulu, provided a link to ICE’s arrest and detention statistics; however, there does not appear to be any data available for the state of Hawaiʻi.