Committee postpones action on Resolution 74-25 after immigrant-rights and policing concerns

The Committee on Government Operations and External Affairs postponed action on Resolution 74-25 on Feb. 18, 2025, after hours of public testimony and follow-up questioning by council members about immigration enforcement, deputization and transparency.

The measure, introduced at the request of Chair Jen Kaguada, would authorize the mayor to enter intergovernmental agreements with federal and state partners to "support their continued cooperation with the Hawaii Police Department for the safety of Hawaii County," and would authorize the Hawaii Police Department to enter two agreements with the Department of Homeland Security and one agreement with the Federal Bureau of Investigation. Assistant Chief Sherry Byrd (Hawaii Police Department) told the committee the announced MOUs "have been in place for many years already" and that the proposal is intended to formalize an annual renewal process. Byrd said HPD does not practice "bias based policing" and that officers must have an "articulable" reason to contact someone.

Community advocates said the existing arrangement — and the language now before the committee — risk undermining trust between immigrant communities and local police. "What exactly does that mean?" asked Rose Bautista, an immigration attorney testifying during the public-comment period. Patty Cook, a Waimea resident, urged a deferral, saying the county public notice did not include exemplar MOUs referenced in the packet and asking the council to provide time for public review. Sandy Ma of the Legal Clinic told the committee the past MOUs "permit ICE to be embedded into the Hawaii Police Department and to allow Hawaii Police Department employees to be deputized to carry out immigration functions," and warned that would chill crime reporting in immigrant communities.

Council members pressed HPD and corporation counsel on the operational details. Councilmember Galimba asked whether embedded federal agents would be limited to nonimmigration, felony-focused investigations; Assistant Chief Byrd said federal partners provide investigative resources for serious offenses, and that immigration investigations continue to be a federal responsibility. Councilmember Villegas said the committee should seek explicit "firewalls" in the language to prevent local police from being used for mass deportation operations and to preserve community trust.

After discussion the committee voted to postpone consideration until March 18, 2025, directing HPD and corporation counsel to work with the chair on clarifying language, to address questions about deputization, public posting of MOUs and reimbursement for county resources when federal partners rely on local investigation. The motion to postpone was carried and the clerk recorded nine votes in favor.

What happens next: The committee will take up the measure again March 18. Committee members and public advocates asked the chair to coordinate HPD, corporation-counsel staff and community stakeholders to propose amendments that specify the scope of cooperation, transparency provisions (posting of MOUs) and protections intended to preserve community policing and reporting.