Divided Big Island Council signs off on police MOUs with feds
The Hawaiʻi County Council on Wednesday approved a controversial resolution allowing the mayor to sign agreements between the Big Island’s police department and federal law enforcement agencies.
The approval came despite fears that the memorandums of understanding could create a path for local police officers to participate in immigration enforcement operations.
The resolution essentially okays the renewal of three longstanding agreements the department has with the FBI, U.S. Immigration and Customs Enforcement — or ICE — and Homeland Security Investigations, a unit of ICE.
In the weeks leading up to Wednesday’s meeting, the council’s committee on governmental operations and external affairs spent hours discussing the resolution and taking testimony from its opponents. Immigrants and their advocates had said the agreements would make it easier for local police officers to be enlisted in President Donald Trump’s campaign to deport millions of immigrants.
In a sign of how sensitive the issue is, the council’s vote was narrow – 5-4 in favor. And the council added an amendment to the resolution that said nothing in any of the MOUs would “authorize Hawaiʻi Police Department officers or other personnel to take any enforcement action against administrative violations of federal immigration law.”
Hawaiʻi Police Chief Benjamin Moszkowicz said his department worked with council members to craft the amendment. The new language pleased advocates for the immigrant community who had argued the agreements did not clearly enough restrict police officers from joining or assisting federal agents in immigration enforcement actions.
The Hawaiʻi County Council added language to a resolution to help address concerns that the police department’s MOUs with federal agencies could lead to officers becoming involved in immigration enforcement operations.
“It helps clarify for folks involved, because the language of the MOU was pretty vague,” said Liza Ryan Gill, co-coordinator of the Hawaiʻi Coalition for Immigrant Rights, who nonetheless still opposed the resolution. “I think that just helps to give a finer point to it.”
Council members James Hustace, Jenn Kagiwada, Heather Kimball and Rebecca Villegas voted against the resolution. They argued, among other things, that the federal government under Trump is violating constitutional rights and cannot be trusted to honor its agreements, and that even the appearance of local law enforcement cooperation with immigration authorities would further unnerve immigrants already on edge.
“These things kind of create some fractures in the relationship we’re trying to create and build,” Hustace said.
But a majority of the council appeared convinced by assurances that the police department has no interest in and will not participate in enforcing immigration laws, and that the agreements do not give them that authority.
“There is a lot of misunderstanding and concern and fear and we understand that,” said Deputy Corporation Counsel Dakota Frenz. But, she said, “there is no intent to backdoor” a way for Hawaiʻi County police officers to take part in immigration enforcement.
Frenz added: “We’re getting distracted by really very scary times at the national level, but that is not what this MOU is for.”
Moszkowicz noted the MOUs say that either party to the agreement can terminate it with a 30-day notice.
“Without putting myself too far out on the ledge the one thing I do know is that the MOUs, there are escape clauses,” he said.
Council member Villegas said that wasn’t enough, saying that “an escape clause won’t help us escape the ramifications of the agenda of this president.”
But Council member Matt Kaneali’i-Kleinfelder said he was reassured by Frenz and Moszkowicz, and that he hoped the public was, too.
“I hope we’ve assuaged the fears that have been represented,” he said.
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This story was originally published by Honolulu Civil Beat and distributed through a partnership with The Associated Press.