Lawmakers advance ‘sanctuary’ bill akin to California

A bill to prohibit Hawaii law enforcement agencies from honoring most federal immigration holds or sharing certain types of information with immigration authorities has won preliminary approval from state Senate and House committees.

Modeled after so-called sanctuary laws in California and other jurisdictions, Senate Bill 2290 and House Bill 1994 would generally prohibit local police from stopping, questioning or arresting anyone based solely on an immigration hold, or detainer, or an immigration warrant.

The Senate measure would allow local police to hold people for up to 48 hours at the request of immigration authorities only when the detainers are accompanied by federal arrest warrants, or when those being targeted have felony convictions or are believed to have engaged in terrorist activities.

The House version of the “Ho‘okipa Welcoming Policy Act” would allow police to cooperate with immigration authorities in a wider range of cases, including some instances when the subject of a detainer is arrested for a felony, or when the person has been convicted of a misdemeanor in the past five years.

Federal law does not require local law enforcement agencies to cooperate with Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP).

Sen. Clarence Nishihara, chairman of the Senate Committee on Public Safety, Intergovernmental and Military Affairs, said he sees the bill as “a response to what the president has been doing,” a reference to President Donald Trump’s hard line on immigration.

“We have a different view about this immigration issue, that we believe that immigration is good,” said Nishihara (D, Waipahu-Pearl City). As for prohibiting police from honoring immigration detainers in many cases, Nishihara said he advanced the bill to allow his Senate colleagues to decide if that would be a good policy.

“We wouldn’t be the first state to enact such a measure, so I think it’s something that should be thoroughly considered,” said House Public Safety Committee Chairman Gregg Takayama (D, Pearl City-Waimalu-Pacific Palisades).

The Maui County police and prosecutor’s office oppose both bills, with Maui Assistant Police Chief Victor K. Ramos reminding lawmakers that the police are sworn to support and defend the state and federal constitutions.

“I urge the Legislature to abstain from meddling into the affairs of federal, state and county law enforcement,” Ramos said in written comments. “Please keep partisan politics out.”

Nathalie Rita, a doctoral student at the University of Hawaii at Manoa, said immigration enforcement has severed the trust between the police and undocumented immigrants.

“Undocumented immigrants are now reluctant to report crimes or suspected crimes to the police, and they are reluctant to come forth as witnesses to crimes,” she wrote. “As a result, our communities are less safe for everyone.”

She said studies show women immigrants are less likely to report to the police that they have been victims of sexual assault because they fear deportation, and said SB 2290 “helps to maintain community safety and the vibrancy of Hawaii’s immigrant heritage.”

Carl Bergquist, executive director of the Drug Policy Forum of Hawaii, described himself as “a father, spouse, law student, nonprofit worker and immigrant, and I welcome this Ho‘okipa bill with open arms.” He said it is “long established” that immigrants of all kinds are less likely to commit crimes after they arrive than the native-born population.

“Hawaii should join the ranks of other sanctuary jurisdictions, and shield immigrant families from the arbitrary and cruel whims of the federal deportation machine,” he wrote.

Not everyone agrees, and nearly three dozen people submitted testimony Tuesday opposing the senate bill.

Honolulu resident Gordon Caluya argued in written testimony: “This is a nation of laws, and we need to protect our citizens. There is nothing to be gained by protecting illegal aliens.”

He added, “The fact that their first action coming here was illegal is a strong indicator of what their future actions would be.”

Ryan Lizama’s wife and her family “all went through the legal process of becoming citizens and had great faith in our system,” he said in written testimony. “The very ones who are supposed to uphold the integrity of the law of our country should assist in any way to uphold that law.”

That includes requiring local law enforcement to assist federal immigration authorities in apprehending people who have entered the county illegally, Lizama wrote.

Aiea resident Jeff Ball remarked: “A bill that state law enforcement should break the law to protect lawbreakers? Oh the irony.”

The bills now advance to the House and Senate Judiciary committees for further consideration.