Should the Honolulu Police Department be involved in federal immigration enforcement?
That's a question Oʻahu voters can weigh in on during the general election this November.
Question 6 of 20 charter amendment proposals on this year's ballot for Oʻahu asks if the Honolulu City Charter should include language requiring HPD to “adopt policies to ensure the constitutional rights of all persons regardless of immigration or citizenship status are protected.”
It would allow officers to “assist federal immigration enforcement activities only when required by statute or court order, and after the requesting agency's identity and authority have been confirmed.”
The question will be posed to residents as immigration raids and arrests have increased around the country — including in Hawaiʻi — during the Trump administration.
A state law passed this year limits local law enforcement agencies from cooperating with federal immigration authorities. Act 141 bans local law enforcement agencies and officials from making agreements that allow county or state participation in immigration enforcement.
Act 161 requires local agencies to notify those in custody of their rights before speaking with federal immigration authorities. The law “clearly provides space” for individuals to decide if they want to consent to those interviews, and can provide relevant information in more than a dozen languages.
The proposed amendment would help align HPD with the new law, proponents say.
“It really sets some clear rules and clear boundaries on when police can participate in immigration enforcement,” said Tina Sablan, the policy director for The Legal Clinic.
One reason the charter amendment could be helpful, even with new state laws in place, is that it can ensure that the City and County of Honolulu's guidance for immigration doesn’t change if state laws change or when new mayors are elected.
“The whole idea behind that is about protecting this relationship of trust between the community and the police, because we want our residents to feel safe reporting crimes,” Sablan said. “If people are afraid that they may be exposed to immigration enforcement, they may not want to talk to the police — and that jeopardizes safety for everybody.”
Honolulu residents can expect to receive their ballots by Oct. 16. Hawaiʻi's general election is on Nov. 3.
Read about all the proposed Honolulu charter amendments on the ballot by clicking here.
