A resolution urging city and county police to refuse to help federal agencies deport illegal immigrants was approved by a key House committee Thursday, but the leading sponsor of the measure said it isn’t meant to make Hawaii a “sanctuary” state.
House Judiciary Committee Vice Chairwoman Joy San Buenaventura said she introduced House Concurrent Resolution 125 at the request of a group called Hawaii J20+, which has been lobbying lawmakers to make Hawaii a “hookipa” or welcoming state for immigrants.
The resolution asks the city and counties in Hawaii to refrain from spending any state or local funds under any agreement that would make local law enforcement a partner with U.S. Immigration and Customs Enforcement (ICE) for the purposes of immigration enforcement.
It also urges local law enforcement authorities to refuse to engage in any other law enforcement activities “that collaborate with ICE or any other federal law enforcement agency in connection with the deportation of undocumented immigrants who have not been convicted of committing a violent crime.”
The House Judiciary Committee approved the measure with little discussion, and only Rep. Bob McDermott voted against it.
“I am concerned that this is nothing but a thinly veiled poke in the president’s eye about being a sanctuary city,” said McDermott (R, Ewa Beach-Iroquois Point). “We are a welcoming state, we welcome everybody, but they gotta come here legally. There’s a rule of law.”
President Donald Trump on Jan. 25 issued an executive order that would punish local jurisdictions that refuse to help with immigration enforcement by withholding federal funding. Under the order, those so-called “sanctuary” jurisdictions are ineligible to receive federal grants except those that are necessary for law enforcement purposes.
At least 34 cities and counties are now suing the Trump administration in an effort to block that order.
Use of state resources
The Hawaii resolution that was approved Thursday contends it would be an “injustice to Hawaii’s residents” if state or local government were to spend money enforcing federal immigration policies instead of providing needed housing, education, medical care and other services to state residents.
San Buenaventura said she amended the resolution to make it clear that under the 10th Amendment of the U.S. Constitution, the federal government cannot require the state to use its funds to enforce immigration laws.
“We don’t want to expend state and local resources to … collaborate with the immigration offices regarding the deportation of immigrants who are not convicted of violent crimes,” she said. “We are a state of immigrants … and we bring in family. Sometimes people overstay their visas. Why should local and state resources be used to break up families?”
San Buenaventura said the resolution “walks a fine line” but stops short of designating Hawaii as a sanctuary state, and will not result in punishment for the state.
“It is a policy. We haven’t actually done anything in furtherance of that, other than to say this is what we believe the policy of the state of Hawaii should be,” she said.
A spokeswoman for the Honolulu Police Department said in a written statement the department wants the public to know its officers do not actively participate in immigration enforcement, and the department does not keep immigration data.
“All HPD arrests are based on suspected criminal activity, not immigration violations,” according to the statement. “However, there are occasions when federal authorities, such as the Immigration and Customs Enforcement, will request that an individual who has been arrested by HPD be transferred to federal custody. This occurs infrequently as immigration enforcement is primarily a federal function, but we do honor specific requests when made by federal authorities.”
Hawaii island police Maj. Sam Thomas said in an interview he believes the resolution is “somewhat shortsighted.” Thomas cited the case of undocumented immigrant Juan Francisco Lopez-Sanchez, who allegedly shot 32-year-old Katie Steinle on a San Francisco pier in 2015.
John Kawamoto of Hawaii J20+ said immigration enforcement is a federal function, and cooperation by local police is voluntary.
Kawamoto said more than 600 cities, counties and states already limit their local law enforcement authorities’ cooperation with federal immigration authorities, and the resolution is designed to do the same in Hawaii.
Amy Agbayani, chairwoman of the Filipino- American Advocacy Network, argued that “we should not use state or city resources to help enforce federal laws that are based on hate and discrimination.”
The measure now goes to the full House for further consideration.
