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Hawaii County Council narrowly adopts amended MOUs allowing continued cooperation between HPD and federal agencies

2866331 · April 2, 2025
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Summary

The Hawaii County Council adopted an amended resolution on April 2 authorizing memoranda of understanding with Homeland Security Investigations and the FBI that continue task‑force cooperation with the Hawaii Police Department, while adding language that the agreements do not authorize local officers to enforce administrative immigration violations.

The Hawaii County Council adopted an amended resolution on April 2 that authorizes the mayor and the Hawaii Police Department to enter or continue intergovernmental agreements with federal partners, including Homeland Security Investigations (HSI) and the Federal Bureau of Investigation, "to support their continued cooperation with the Hawaii Police Department for the safety of the County of Hawaii." The measure passed after council members added language clarifying that the agreements do not authorize local officers to enforce administrative violations of federal immigration law.

Why it matters: The measure and the day-long public discussion that preceded it touched on a major local policy fault line — whether local police should collaborate more closely with federal immigration and criminal investigators. Opponents said deeper cooperation could chill reporting and harm immigrant communities; supporters and police leaders said targeted task-force arrangements help the county investigate serious federal crimes and improve public safety.

Council debate and amendment: Councilmember Kaguada introduced the resolution and later withdrew an initial motion before reoffering it; Councilmember Kagiwara moved an amendment that the council ultimately adopted. That amendment added a new whereas clause stating, in part, that "none of the agreements…authorize Hawaii Police Department officers or other personnel to take any enforcement action against administrative violations of federal immigration law," and required that material changes to the agreements return to the council for reconsideration. Kagiwara said the language was intended to clarify county intent in response to public concerns.

Police and legal counsel response: Chief Bruce Moskowitz of the Hawaii Police Department told the council the department could "definitely work within the constraints of the amendments," adding that the language matches longstanding practice in HPD task-force agreements. He also described existing administrative safeguards for task-force officers and said that task-force officers are authorized to wear body cameras under HPD policy when equipped.

Deputy Corporation Counsel Cody Frens told the council the HSI agreement language and the related ICE Form 73‑001 explicitly disallow the conveyance of authority to enforce administrative immigration violations. "HSI is not conveying the authority to enforce administrative violations of immigration law," Frens said, characterizing the amendment's text as making that restriction explicit in the county's record.

Public testimony and council concerns: Dozens of residents from across the island and remote testimony sites addressed the council during the public-comment period. Opponents — including immigrant-rights groups, attorneys, social workers and religious leaders — argued that any perceived collaboration with federal immigration authorities would erode trust between immigrant communities and local police, discourage crime reporting and risk family separations. Several speakers urged the council to reject the MOUs outright. Supporters, including representatives of police-affiliated youth and community programs, described benefits of federal partnerships for tackling large criminal investigations and recovering evidence that the county alone could not handle.

Operational details discussed: Chief Moskowitz said HPD currently has a small number of task-force officers (TFOs) assigned to federal partnerships — he estimated five officers in total, with "about 2 part-time and 3 who are effectively full time" on federal tasking while remaining HPD employees. The chief said overtime and some TFO operational costs are reimbursed by federal partners, and that individual TFO agreements include the checks that prevent administrative immigration enforcement by county officers.

Vote and outcome: After extended discussion, amendment and a roll-call vote, the council adopted the resolution as amended. The amendment to the resolution passed earlier in the meeting by a recorded 7‑0 (two members excused). On final adoption of the amended resolution the council recorded the motion and roll call; the presiding officer announced the measure had carried and directed staff to proceed with the administrative steps authorized by the vote.

What the resolution does and does not do: The council-recorded language and the amendment require HPD and the mayor to return to the council for any substantive changes to the agreements. The adopted documents, as amended, and HPD officials’ statements make clear that the MOUs are framed to support criminal-task‑force cooperation on federal crimes (Title 18 and Title 19 matters cited by HPD) and to exclude county enforcement of administrative immigration violations. The amendment also explicitly attaches the existing MOUs as exhibits and instructs the department to seek council review for material updates.

Looking ahead: Council members and administration officials said they will monitor implementation and expect HPD to raise any operational issues with the mayor’s office and the council. Managing Director Brillante said the administration’s position is that public safety is a priority and that the county must balance community concerns with the operational benefits of federal cooperation. Deputy Corporation Counsel and HPD promised to provide follow-up reports and to work on communications to address community fears.