1. What is Hawaii’s state and local policy regarding notifying Immigration and Customs Enforcement (ICE) about undocumented immigrants?

Hawaii has strict state and local policies in place regarding the notification of Immigration and Customs Enforcement (ICE) about undocumented immigrants:

1. Hawaii is considered a “sanctuary state,” meaning that local law enforcement agencies are limited in their cooperation with federal immigration authorities. This includes restrictions on sharing information about undocumented immigrants with ICE.
2. The state’s current policy discourages local law enforcement agencies from inquiring about or recording an individual’s immigration status during routine interactions, such as traffic stops or arrests. This policy is aimed at fostering trust between immigrant communities and law enforcement.
3. Hawaii also limits the resources that state and local law enforcement agencies can use to enforce federal immigration laws, further distancing themselves from ICE activities.

Overall, Hawaii’s state and local policy strives to protect the rights and safety of undocumented immigrants and prioritize community trust and collaboration over aggressive enforcement measures targeting immigration status.

2. Are Hawaii law enforcement agencies required to cooperate with ICE?

No, Hawaii law enforcement agencies are not required to cooperate with ICE (U.S. Immigration and Customs Enforcement) under state law. In fact, Hawaii has state laws in place that limit the extent to which local law enforcement agencies can collaborate with federal immigration authorities. For example, Hawaii has adopted policies that prohibit police officers from inquiring about an individual’s immigration status during routine interactions. Additionally, the state has laws that restrict the use of state and local resources to enforce federal immigration laws. These policies are aimed at fostering trust between immigrant communities and law enforcement agencies, as well as ensuring that individuals feel safe reporting crimes and seeking assistance without fear of immigration repercussions.

3. Do Hawaii cities or counties have sanctuary policies in place to protect undocumented immigrants from ICE enforcement?

As of September 2021, Hawaii does not have any official statewide sanctuary policies in place to protect undocumented immigrants from Immigration and Customs Enforcement (ICE) enforcement at the state level. However, it is worth noting that individual municipalities or counties within Hawaii may have their own local policies or practices that limit cooperation with federal immigration authorities, similar to sanctuary cities in other parts of the United States. These local policies may vary in scope and enforcement, and it is recommended to consult with specific city or county governments in Hawaii for more detailed information on their respective stances towards ICE enforcement and protections for undocumented immigrants within their jurisdictions.

4. Is there a specific protocol for how and when Hawaii authorities must notify ICE about detained individuals?

In Hawaii, there is no specific law or protocol mandating when and how state or local authorities must notify Immigration and Customs Enforcement (ICE) about detained individuals. However, the state does cooperate with ICE through the Secure Communities program, which allows for information sharing between local law enforcement and federal immigration authorities. Under this program, fingerprints taken during the booking process are shared with ICE, which may prompt the agency to issue a detainer request for individuals suspected of being removable aliens. Despite this cooperation, in 2018, Hawaii enacted laws limiting state and local law enforcement’s cooperation with federal immigration authorities, particularly when it comes to detainer requests. These laws require ICE to obtain a judicial warrant before state or local law enforcement will comply with a detainer request, except in certain circumstances, such as when an individual has been convicted of certain crimes. These policies aim to protect the rights of immigrants in Hawaii and limit unnecessary entanglement with federal immigration enforcement.

1. Secure Communities program allows for information sharing between local law enforcement and federal immigration authorities.
2. Hawaii has laws limiting state and local law enforcement’s cooperation with federal immigration authorities regarding detainer requests.
3. ICE must obtain a judicial warrant before state or local law enforcement will comply with a detainer request in Hawaii, except in certain circumstances.
4. These policies aim to protect the rights of immigrants in Hawaii and limit unnecessary entanglement with federal immigration enforcement.

5. Are there any exceptions to Hawaii’s policy of notifying ICE about undocumented immigrants?

Yes, there are exceptions to Hawaii’s policy of notifying ICE about undocumented immigrants.

1. One major exception is when an individual is a victim or witness of a crime. In such cases, law enforcement agencies in Hawaii may choose not to notify ICE in order to encourage cooperation from undocumented individuals in reporting crimes and assisting with investigations.

2. Another exception is related to public safety concerns. If an individual poses a threat to public safety or national security, Hawaii law enforcement agencies may choose to notify ICE regardless of the individual’s immigration status.

3. Additionally, Hawaii’s policy may allow for exceptions in cases where the individual is a minor or has certain medical or humanitarian considerations that warrant special treatment.

Overall, while Hawaii generally has a policy of notifying ICE about undocumented immigrants, there are exceptions based on the circumstances of each case to ensure public safety and support victims of crimes.

6. What repercussions can Hawaii law enforcement face for failing to notify ICE about undocumented immigrants?

In Hawaii, law enforcement agencies can face several repercussions for failing to notify ICE about undocumented immigrants. These repercussions can include:

1. Legal consequences: Law enforcement agencies in Hawaii may face legal repercussions for failing to comply with federal immigration laws. This could result in lawsuits, fines, or other legal action taken against the agency.

2. Loss of federal funding: Non-compliance with ICE notification policies could lead to a loss of federal funding for the law enforcement agency. This loss of funding could impact the agency’s ability to effectively carry out its duties and provide services to the community.

3. Public backlash: Failing to notify ICE about undocumented immigrants could lead to public backlash and damage the reputation of the law enforcement agency. This could result in a loss of trust and support from the community.

Overall, the repercussions for Hawaii law enforcement agencies failing to notify ICE about undocumented immigrants can be significant and have far-reaching consequences. It is essential for these agencies to understand and comply with relevant policies to avoid facing these repercussions.

7. Are there any advocacy groups or organizations in Hawaii working to change the state’s policy on notifying ICE?

Yes, there are advocacy groups and organizations in Hawaii dedicated to changing the state’s policy on notifying ICE. One prominent group is the American Civil Liberties Union (ACLU) of Hawaii, which actively works to protect the rights of immigrants and advocates for more humane immigration policies. Another organization is the Hawaii Coalition for Immigrant Rights, which focuses on advocating for policies that support and protect immigrants in Hawaii. Additionally, community grassroots organizations such as the Hawaii J20+ and the Aloha DREAM Team also work towards changing the state’s ICE notification policies through advocacy, education, and community organizing efforts. These groups collaborate with lawmakers, engage in public awareness campaigns, and provide support to individuals impacted by immigration enforcement policies.

8. How do Hawaii’s policies on notifying ICE compare to other states with similar immigrant populations?

Hawaii’s policies on notifying ICE differ from those of many states with similar immigrant populations. In Hawaii, state law prohibits law enforcement agencies from complying with ICE detainer requests unless certain conditions are met, such as a judicial determination of probable cause. This contrasts with the policies of some other states, where collaboration between local law enforcement and ICE is more common.

Furthermore, Hawaii has taken steps to protect the rights of undocumented immigrants through legislation such as the Hawaii State Immigration Enforcement Act, which prohibits state and local law enforcement agencies from inquiring about an individual’s immigration status unless required by law. This sets Hawaii apart from other states where local law enforcement may proactively collaborate with ICE agents in immigration enforcement efforts.

Overall, Hawaii’s policies prioritize protecting the rights of immigrants and limiting collaboration with ICE, in contrast to some states with similar immigrant populations that may have more cooperative relationships with federal immigration authorities.

9. Is there public support for Hawaii’s policy of notifying ICE about undocumented immigrants?

Regarding Hawaii’s policy of notifying ICE about undocumented immigrants, there is not a clear consensus on public support for this approach. It is essential to recognize that opinions on immigration vary widely among communities and individuals. Factors such as cultural background, personal experiences, and political beliefs can influence one’s perspective on the issue. While some residents may support the policy as a means to uphold immigration laws and enhance public safety, others may view it as promoting fear and distrust within immigrant communities. Additionally, the potential impact on families and individuals facing deportation can also sway public opinion on the matter. Surveys or polls specific to Hawaii would be needed to accurately gauge the level of public support for the state’s policy of notifying ICE about undocumented immigrants.

10. What data is available regarding the number of undocumented immigrants in Hawaii who have been reported to ICE?

As an expert in State and Local Notify ICE Policies, I can provide insight into the data available regarding the number of undocumented immigrants in Hawaii who have been reported to ICE. However, it is important to note that specific data on this topic may be limited due to privacy concerns and the sensitivity of immigration enforcement operations.

1. Hawaii, like other states, may not publicly disclose detailed information on the number of undocumented immigrants reported to ICE to protect individuals’ privacy rights.

2. ICE itself also does not always provide state-specific data on enforcement actions unless it is part of a larger nationwide report or initiative.

3. Data on undocumented immigrants reported to ICE may be confidential and not readily available to the public.

4. Some local jurisdictions may have their own reporting mechanisms in place to track and monitor interactions with ICE, but the specific details of these policies may vary.

Overall, obtaining accurate and up-to-date information on the number of undocumented immigrants in Hawaii who have been reported to ICE may be challenging due to the complex nature of immigration enforcement and privacy considerations.

11. Have there been any legal challenges to Hawaii’s policy on notifying ICE?

Yes, there have been legal challenges to Hawaii’s policy on notifying Immigration and Customs Enforcement (ICE). In 2017, the state of Hawaii passed legislation that limited the cooperation between state and local law enforcement agencies and federal immigration authorities, including ICE. The law prohibited police officers from inquiring about an individual’s immigration status or enforcing federal immigration laws.

However, this policy faced legal challenges from opponents who argued that it went against federal immigration laws and undermined public safety. In 2018, a federal judge partially blocked the implementation of Hawaii’s law, ruling that the state could not continue to bar the sharing of certain immigration information with federal authorities.

The legal battle over Hawaii’s policy on notifying ICE continues to unfold, highlighting the complex interactions between state and federal immigration enforcement efforts.

12. Are there any proposed bills or legislation in Hawaii that could impact the state’s policy on notifying ICE?

Yes, there have been proposed bills and legislation in Hawaii that could potentially impact the state’s policy on notifying ICE. One such bill is Senate Bill 2755, introduced in the Hawaii State Legislature in 2021. This bill aimed to prohibit state and local law enforcement agencies from cooperating with federal immigration enforcement efforts, including refusing to honor ICE detainers except in certain circumstances such as when there is a judicial warrant. This proposed legislation would significantly impact how and when Hawaii law enforcement agencies notify ICE about individuals in their custody or otherwise interact with federal immigration authorities. Additionally, there have been discussions and proposals for other bills related to immigration enforcement and cooperation with ICE in Hawaii, highlighting the ongoing debate and potential changes in the state’s policies regarding notifying ICE.

13. How does Hawaii’s policy on notifying ICE impact immigrant communities in the state?

Hawaii has a policy that restricts state and local law enforcement agencies from cooperating with federal immigration authorities like ICE, except in certain circumstances where required by law. This means that Hawaii generally does not honor ICE detainer requests or conduct immigration enforcement actions on behalf of the federal government.

This policy has a significant impact on immigrant communities in the state in several ways:

1. Improved trust and cooperation: Immigrant communities may feel more comfortable engaging with local law enforcement and accessing essential services without fear of potential immigration consequences.

2. Increased sense of security: Knowing that state and local authorities are less likely to collaborate with ICE can provide a sense of security for undocumented immigrants and their families living in Hawaii.

3. Reduced risk of deportation: By limiting interactions between local law enforcement and immigration enforcement agencies, Hawaii’s policy may decrease the likelihood of immigrants being detained and deported.

Overall, Hawaii’s policy on notifying ICE serves to protect and support immigrant communities by fostering a more trusting environment and reducing the fear of deportation.

14. What training do Hawaii law enforcement officers receive regarding the state’s policy on interacting with undocumented immigrants and notifying ICE?

Hawaii law enforcement officers receive training on the state’s policy regarding interacting with undocumented immigrants and notifying ICE as part of their standard training curriculum. This training typically covers the following aspects:

1. Understanding the state’s laws and policies related to immigration enforcement.
2. Recognizing the rights of individuals regardless of immigration status.
3. Knowing the limitations on local law enforcement’s involvement in federal immigration enforcement activities.
4. Proper procedures for interacting with undocumented immigrants to ensure their safety and rights are respected.
5. Guidelines for when and how to communicate with ICE, if necessary, in accordance with state and local policies.

The training aims to equip officers with the knowledge and skills needed to navigate situations involving undocumented immigrants while upholding state laws and respecting individuals’ rights.

15. Are there any specific guidelines for when Hawaii authorities must verify an individual’s immigration status and contact ICE?

Hawaii has specific guidelines in place for when authorities must verify an individual’s immigration status and contact ICE. These guidelines are outlined in the state’s “Sanctuary Policy,” which limits the circumstances under which state and local law enforcement agencies can collaborate with federal immigration authorities. According to this policy, Hawaii authorities are only allowed to verify an individual’s immigration status and contact ICE if the individual has been arrested for a felony offense, has a prior criminal record involving violence or sexual abuse, or if ICE presents a judicial warrant. Any other requests from ICE to local authorities for cooperation in immigration enforcement are generally not honored. The goal of these guidelines is to promote trust and cooperation between local law enforcement and immigrant communities, as well as to ensure that state resources are focused on public safety rather than immigration enforcement.

16. How does Hawaii’s policy on notifying ICE impact public safety and trust in law enforcement within immigrant communities?

Hawaii has a policy that restricts state and local law enforcement agencies from notifying or cooperating with Immigration and Customs Enforcement (ICE) unless required by law or a court order. This policy serves to bolster public safety and enhance trust within immigrant communities in the state.

1. Improved Public Safety: By not engaging in immigration enforcement activities, Hawaii’s policy allows law enforcement to focus on their primary public safety duties, such as preventing and solving crimes. This ensures that immigrant communities can report crimes, seek help, and cooperate with law enforcement without fear of being targeted for their immigration status. This, in turn, helps in creating a safer environment for all residents, including immigrants.

2. Enhanced Trust in Law Enforcement: Hawaii’s policy promotes trust between immigrant communities and law enforcement by signaling that local police are not acting as immigration agents. When immigrants feel safe to interact with law enforcement without the fear of deportation, they are more likely to report crimes, provide information, and cooperate with investigations. This trust is crucial for effective policing and community safety.

Overall, Hawaii’s policy of limiting ICE notifications contributes to public safety by allowing law enforcement to focus on their core duties and strengthens trust between immigrant communities and law enforcement agencies, leading to safer communities for all residents.

17. Do Hawaii authorities work in collaboration with ICE on certain enforcement actions or operations?

In Hawaii, state authorities do not work in collaboration with ICE on immigration enforcement actions or operations. The state has taken steps to limit its cooperation with federal immigration authorities, including passing legislation to restrict the involvement of state and local law enforcement in immigration enforcement activities. Hawaii’s policies prioritize building trust and cooperation between law enforcement and immigrant communities to ensure public safety and protect the rights of all residents, regardless of immigration status. The state’s stance on immigration enforcement reflects its commitment to upholding the values of inclusivity, diversity, and respect for all individuals within its borders.

18. Are there any limitations to ICE’s jurisdiction and authority in Hawaii?

In Hawaii, there are limitations to ICE’s jurisdiction and authority due to several factors:

1. State and Local Laws: Hawaii has enacted laws and policies that limit cooperation with ICE, particularly in terms of immigration enforcement. The state has declared itself a sanctuary state, meaning that local law enforcement agencies are restricted in their collaboration with federal immigration authorities like ICE. This can hinder ICE’s ability to carry out enforcement actions within the state.

2. Resource Allocation: Due to the geographical isolation of Hawaii and the limited resources available to ICE in the state, the agency may face challenges in conducting comprehensive enforcement operations. This could impact the scope and effectiveness of ICE activities in Hawaii.

3. Public Opinion: There is a strong sentiment in Hawaii against aggressive immigration enforcement tactics, with many residents and local officials expressing support for immigrant communities. This could serve as a barrier to ICE’s operations in the state, as public resistance may impede the agency’s activities.

Overall, these limitations contribute to a more restricted jurisdiction and authority for ICE in Hawaii compared to other parts of the country.

19. What role does the federal government play in enforcing immigration laws in Hawaii?

The federal government plays a significant role in enforcing immigration laws in Hawaii through various means:

1. Immigration and Customs Enforcement (ICE): ICE, a federal agency under the Department of Homeland Security, is responsible for enforcing immigration laws in Hawaii. They conduct operations to identify, arrest, and remove individuals who are in the United States unlawfully.

2. Cooperation with local law enforcement: The federal government works with local law enforcement agencies in Hawaii to enforce immigration laws. For example, through programs like the 287(g) program, local law enforcement officers can be trained and authorized to carry out certain immigration enforcement activities.

3. Border Patrol: While Hawaii does not share a land border with any other country, the U.S. Border Patrol plays a role in patrolling the coastal waters surrounding Hawaii to prevent illegal immigration by sea.

Overall, the federal government plays a key role in enforcing immigration laws in Hawaii by working with local agencies, conducting enforcement operations, and patrolling the borders to ensure compliance with immigration regulations.

20. How do Hawaii’s policies on notifying ICE align with the state’s values of diversity and inclusion?

Hawaii’s policies on notifying ICE align closely with the state’s values of diversity and inclusion. The state has a strong commitment to protecting all individuals within its borders, regardless of their immigration status, in line with its recognition of the contributions and importance of immigrants to its communities. Specifically:

1. Hawaii’s law enforcement agencies do not engage in immigration enforcement activities or inquire about individuals’ immigration status unless directly related to a criminal investigation.
2. The state has enacted legislation that restricts local law enforcement’s collaboration with federal immigration authorities unless in compliance with the law.
3. Hawaii values the diversity of its population and the contributions of immigrants to its economy and culture, which underpins its policies of non-cooperation with ICE in non-criminal matters.

Overall, Hawaii’s policies on notifying ICE reflect the state’s commitment to building inclusive and welcoming communities for all residents, regardless of their background or immigration status.