HR76 HD1.DOC

WHEREAS, the State motto "[u]a mau ke ea 'o ka ‘āina i ka pono," which means, "[t]he life of the land is perpetuated in righteousness," reminds us that our deepest community values compel us to welcome the visitor and care for the wanderer in our midst; and

WHEREAS, the traditional Hawaiian value of ho'okipa, or open-hearted hospitality, calls us to welcome the visitor and the stranger alike, and to unselfishly extend to others the best that we have to give; and

WHEREAS, Hawaii is justifiably proud of its diverse immigrant heritage, which has woven the many people of this State into a rich tapestry of races, ancestral groups, religions, cultures, and languages from all over the world; and

WHEREAS, Hawaii's unique spirit of inclusiveness allows its diverse people to live in relative harmony because of our respect and aloha for each other and our commitment to peace and justice; and

WHEREAS, our state and county governments cultivate a culture of inclusion when they ensure that all people in our communities receive equal protection under the law and respectful treatment, without regard to their race, national origin, ancestry, or citizenship status; and

WHEREAS, Hawaii's inclusionary and peaceful culture is now threatened by inflammatory rhetoric and harsh federal policies that vilify immigrants, divide communities and families, and create fear and suspicion among different racial, ethnic, and ancestral groups; and

WHEREAS, the executive branch of the federal government has recently revived a program under section 287(g) of the Immigration and Nationality Act that allows a state or local law enforcement entity to enter into a partnership with the Immigration Control and Enforcement (ICE) division of the Department of Homeland Security in order to receive delegated authority for immigration enforcement within their jurisdictions; and

WHEREAS, the Tenth Amendment to the United States Constitution guarantees states’ sovereignty and provides that “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;” and

WHEREAS, the Tenth Amendment further provides that the federal government may not commandeer state and local officials by demanding that they enforce federal laws and regulatory programs; and

WHEREAS, each state, and municipality within each state, has the sovereign power to choose how they allocate their resources and cannot be forced to carry out the federal government’s agenda; and

WHEREAS, local law enforcement agencies should not be required to bear the immense financial burden of enforcing federal immigration laws; and

WHEREAS, the people of Hawaii already shoulder the costs of providing health care, housing, education, and other social services to migrants from various Pacific Island communities, who were forced to leave their ancestral homelands because of the devastating effects of some actions of the United States, such as the above-ground testing of nuclear weapons and the building of large military installations that displaced islanders from the ancestral lands; and

WHEREAS, it would be an injustice to Hawaii's residents for the State, or any of its political subdivisions, to expend scarce state resources enforcing federal immigration policies instead of providing for housing, education, transportation, medical care, and other basic human needs here in Hawaii; and

WHEREAS, the involvement of state law enforcement officers in federal deportation programs and activities would alienate members of our many communities and undermine the relationships between the State's law enforcement agencies and local communities; and

WHEREAS, in the face of discriminatory policies and the element of uncertainty in the promulgation and execution of continually evolving orders and policies of the federal government, the State of Hawaii and its leaders are encouraged to advocate for the protection of all residents, including immigrants, and their due process rights, as guaranteed by both the Constitutions of the United States of Hawaii; now therefore

BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, requests that the State of Hawaii and its political subdivisions recognize that immigration is a federal function and that local law enforcement agencies should decline to work with federal immigration agencies; and

BE IT FURTHER RESOLVED that the State and its political subdivisions are requested to not expend state or county funds by entering into any agreements under section 287(g) of the Immigration and Nationality Act or any similar agreement with the United States Immigration and Customs Enforcement (ICE), or by engaging in any other law enforcement activities that collaborate with ICE or any other federal law enforcement agency in connection with the deportation of undocumented immigrants who have not been convicted of committing a violent crime; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor; the Mayors of the City and County of Honolulu and the Counties of Kauai, Maui, and Hawaii; the Chairs of the respective county councils; and the Chiefs of Police of the City and County of Honolulu and the Counties of Kauai, Maui, and Hawaii; and the Chief Justice of the Hawaii Supreme Court.

Report Title:

Ho'okipa State; Federal Immigration Laws

HOUSE OF REPRESENTATIVES	H.R. NO.	76
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
STATE OF HAWAII