Immigration, bail reform, and protecting gender-affirming care will be the top priorities for the American Civil Liberties Union of Hawaiʻi this legislative session.
ACLU of Hawaiʻi Executive Director Salmah Rizvi explained that working on strengthening state and local laws is one way to push back against the federal administration.
“ACLU of Hawaiʻi has determined this session to build state veils to combat what we are seeing happening at the federal level. And we know that local law enforcement agencies do have jurisdiction to hold federal government and its agents accountable when they commit crimes that are in our jurisdiction,” she said.
“We have the power to ensure that Hawaiʻi remains a beautiful, diverse, and open society we all enjoy. Specifically, we are going to ensure that Immigration and Customs Enforcement agents are not allowed to operate with impunity. And we know that the community is with us, telling our legislators that we want no secret police in our streets.”
State Sen. Karl Rhoads is working with the organization to introduce a “no secret police” bill that would bar state, local and federal law enforcement from concealing their identity by wearing masks or covering their badges.
“The general rule would be no masks. Visible and legible name and badge or ID number, and the employing agency would be required,” he said.
“There would be no immigration enforcement in sensitive places. Sensitive places would include schools, preschools, health facilities, or places of worship — which is actually a reversion to what the … enforcement did before this administration.”
Violators would be charged with a misdemeanor.
The bill does contain exceptions for officers who are under cover, motorcycle helmets, or need to wear a mask for medical reasons. Last year, California passed a similar law, which went into effect on Jan. 1.
Rhoads and the ACLU of Hawaiʻi were not sure whether a “no secret police” law would hold up against a legal challenge, since it would be enforcing state law on federal agents. But Rhoads emphasized that states have the right and responsibility to pass criminal law.
“It very well might be upheld, and even if it's not upheld, it certainly sends the message that we in Hawaiʻi do not believe that police under normal circumstances should be masked,” he said.
The legislative session starts on Jan. 21.
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