SB3251

SECTION 1. The legislature finds that rapidly increasing violations of constitutional rights and due process, along with incidents of escalation by federal Immigration and Customs Enforcement agents leading to the excessive use of force and unnecessary violence and deaths raise the greatest concern for public safety and civil rights, as demonstrated by these and other recent incidents:

(1) On April 16, 2025, a United States citizen in Florida was arrested for allegedly being unlawfully present in the country and was held for transfer to immigration authorities. This detention continued even after a judge reviewed the individual's birth certificate, confirmed United States citizenship, and dismissed the charges;

(2) On April 22, 2025, Immigration and Customs Enforcement deported three United States citizen children, ages two, four, and seven, along with their undocumented mothers. One of the children had metastatic cancer and was deported without access to necessary medication or continuity of medical care. The families were prevented from contacting attorneys and relatives;

(3) On May 2, 2025, during a traffic stop, the Florida highway patrol arrested twenty-year-old Juan Carlos Lopez-Gomez, a United States citizen born in Georgia, alleging a violation of the State's immigration laws. Despite his mother providing his birth certificate in court, he was held for forty-eight hours on an Immigration and Customs Enforcement detainer before being released;

(4) On May 6, 2025, Immigration and Customs Enforcement deported Denisse Parra Vargas and her three children, ages nine, five, and four, to Mexico following a traffic stop for expired vehicle registration tags. She was instructed to report to an Immigration and Customs Enforcement facility with her children, where all were detained and subsequently deported despite two of the children being United States citizens;

(5) On June 6, 2025, Immigration and Customs Enforcement agents mistakenly detained a Deputy United States Marshal in the lobby of a federal building in Tucson, Arizona, that houses the immigration court. The marshal was detained after allegedly fitting the general description of a suspect. His identity was quickly confirmed, and he was released shortly thereafter;

(6) On June 9, 2025, Cary Lopez Alvarado, a United States citizen who was nine months pregnant, was detained by Immigration and Customs Enforcement agents in Hawthorne, California, while attempting to block access to a parking gate. After her release, she was hospitalized with severe stomach pains one week before she was due to give birth. Her undocumented partner was arrested during the same incident;

(7) On June 24, 2025, United States citizen Andrea Velez was detained by Immigration and Customs Enforcement agents in downtown Los Angeles, California, after being dropped off at work. She was slammed to the ground, held for two days in a detention center, and denied water for twenty-four hours before charges were dismissed;

(8) On July 10, 2025, Immigration and Customs Enforcement agents detained seventy-one-year-old Barbara Stone for approximately eight hours at the San Diego immigration court while she was documenting arrests as a legal observer. She was accused of pushing an agent, an allegation she denies, and was held without access to an attorney. Her telephone was confiscated during the detention;

(9) On July 10, 2025, United States citizen and Army veteran George Retes was detained for three days following an Immigration and Customs Enforcement raid that occurred while he attempted to reach his security guard job at a cannabis farm in Camarillo, California. Despite having identification in his vehicle, agents refused to verify his status. He was held without access to a telephone call or an attorney and missed his daughter's third birthday;

(10) On September 9, 2025, Immigration and Customs Enforcement agents, conducting a raid at a Van Nuys car wash in California, tackled seventy-nine-year-old owner Rafie Ollah Shouhed to the ground. He suffered broken ribs, chest trauma, elbow injuries, and symptoms of traumatic brain injury, and was held for nearly twelve hours despite being identified as a United States citizen;

(11) On September 16, 2025, Immigration and Customs Enforcement agents tased United States citizen Edgar Ruiz in the face outside a Des Plaines, Illinois, convenience store during an operation targeting his undocumented father. He was detained for approximately two hours at a facility before being released for medical treatment;

(12) On September 16, 2025, Border Patrol agents wearing military-style uniforms conducted a pre-dawn raid at approximately 6:00 a.m. with helicopter support, deploying flash-bang grenades and forcibly breaching both the front and back doors of a residence. Six individuals were detained, including two United States citizens, Joe Botello and a roommate, who were later released. The operation included the participation of the Secretary of the United States Department of Homeland Security;

(13) On September 27, 2025, a photographer covering activity at an Immigration and Customs Enforcement facility in Broadview, Illinois, was struck with pepper balls by federal agents, damaging his camera and causing temporary injury;

(14) On October 2, 2025, in Portland, Oregon, a federal officer sprayed chemical agents directly into the face of a vocal but nonviolent protester during a demonstration;

(15) On October 10, 2025, United States citizen and paralegal Dayanne Figueroa reported that an unmarked government vehicle struck her car on the 1600 block of West Hubbard Street in Chicago, Illinois, while she was on her way to get coffee before work;

(16) On October 15, 2025, United States Border Patrol agents pursued a vehicle on the East Side of Chicago, Illinois that culminated in a precision immobilization technique maneuver, causing a crash. United States citizen Anthony King was tackled to the ground after exiting a nearby store, and a fifteen-year-old United States citizen was detained for five hours without notification to family members. Tear gas deployed during the incident affected thirteen Chicago police officers;

(17) On October 21, 2025, Immigration and Customs Enforcement conducted a raid on Canal Street in New York City targeting street vendors accused of selling counterfeit goods. Four United States citizens were detained for nearly twenty-four hours without charges and were released only after congressional intervention by United States Representative Dan Goldman;

(18) On October 23, 2025, Immigration and Customs Enforcement agents in Houston, Texas, placed sixteen‑year-old United States citizen Arnoldo Bazan in a chokehold after arresting his father outside a restaurant supply store. Agents rammed their vehicle during a chase, and Bazan was hospitalized in a trauma unit. His video recording of the incident was later recovered near an Immigration and Customs Enforcement detention center;

(19) On October 25, 2025, Border Patrol agents in the Old Irving Park neighborhood of Chicago, Illinois, dragged a sixty-seven-year-old United States citizen from his car after he turned onto a blocked street while driving home. Agents knelt on his back while handcuffing him, breaking six ribs and causing internal bleeding despite his compliance. The incident, which occurred during "Operation Midway Blitz," prompted a federal judge to require daily reporting from Border Patrol leadership regarding the tactics used;

(20) On October 29, 2025, Immigration and Customs Enforcement agents in Aurora, Illinois, fired a chemical substance at the windshield of a vehicle driven by a United States citizen and mother who yelled that her children were inside. Agents then opened the door and forcibly removed her. She screamed as she was handcuffed;

(21) On October 31, 2025, a Border Patrol vehicle collided with a civilian car after agents made a U-turn at Oakton Street and Asbury Avenue in Evanston, Illinois. Following a confrontation, three United States citizens were arrested. Video evidence showed agents repeatedly punching a handcuffed individual in the head and deploying pepper spray;

(22) On November 3, 2025, Immigration and Customs Enforcement agents detained twenty-five-year-old Berenice Garcia-Hernandez for approximately seven hours after she photographed unmarked Immigration and Customs Enforcement vehicles outside a restaurant in Gresham, Oregon. Agents smashed her car windows, forcibly removed her, and confiscated her phone and engagement ring. She was released without charges;

(23) On November 17, 2025, Border Patrol agents in Charlotte, North Carolina, smashed car windows with rifle barrels and arrested at gunpoint two women who were United States citizens after they honked to alert neighbors of the agents' presence. The women were detained for several hours at a Federal Bureau of Investigation facility before being released without charges;

(24) On November 21, 2025, Immigration and Customs Enforcement agents stopped seventeen-year-old Christian Jimenez during his high school lunch break in McMinnville, Oregon. Agents broke his car window and detained him for approximately seven hours at a Portland Immigration and Customs Enforcement facility despite his repeated statements that he was a United States citizen. He was subsequently charged with interference or obstruction;

(25) On December 5, 2025, United States Representative Adelita Grijalva reported being sprayed in the face with chemical agents during a confrontation with Immigration and Customs Enforcement agents;

(26) On December 9, 2025, Immigration and Customs Enforcement agents in the Cedar-Riverside neighborhood of Minneapolis, Minnesota, tackled twenty-year-old Mubashir Khalif Hussen during his lunch break. Despite repeatedly stating that he was a United States citizen and showing his passport, agents placed him in a headlock and detained him for several hours without water or medical care;

(27) On January 7, 2026, Immigration and Customs Enforcement Agent Jonathan Ross fatally shot thirty‑seven-year-old United States citizen Renée Nicole Good in Minneapolis, Minnesota. Video and reports indicate that Immigration and Customs Enforcement officers delayed medical aid and prevented civilian medics from assisting at the scene; and

(28) On January 15, 2026, Immigration and Customs Enforcement agents in Minneapolis, Minnesota, dragged disabled United States citizen Aliya Rahman from her car while she was en route to a traumatic brain injury center. Agents smashed her window, cut her seatbelt, and forcibly pulled her out. She later lost consciousness while in detention and required hospitalization.

The legislature believes that these and countless other similar incidents collectively demonstrate a pattern of inadequate safeguards, excessive use of force, prolonged or wrongful detention of United States citizens, and insufficient accountability within immigration enforcement activities. The legislature further finds that these practices undermine constitutional protections, harm communities, and erode public confidence in law enforcement.

The legislature also believes that it is likely that future changes in federal leadership, budgets, or priorities may eventually lead to significant workforce reductions at Immigration and Customs Enforcement, and the former agents and employees responsible for incidents like these may seek employment in state and local law enforcement roles.

The legislature finds that, because Immigration and Customs Enforcement agents frequently wear masks to hide their identity, do not properly identify themselves, and are often shielded from accountability, it is impossible to determine which agents and employees are abiding by the law, and which are responsible for violence and frequent legal violations.

Therefore, the purpose of this Act is to ensure public safety for the residents of Hawaii and improve public trust by ensuring that former Immigration and Customs Enforcement agents and employees who have concealed their identities and may be responsible for violations of constitutional rights, excessive uses of force or violence, or other crimes, will not serve in positions of trust in Hawaii's state law enforcement agencies.

SECTION 2. Chapter 139, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§139- Employment by the state; prohibitions. No person shall be appointed or employed as:

(1) An employee of the department of law enforcement conferred with police powers by the director of law enforcement; or

(2) An employee of the department of land and natural resources, department of taxation, or department of the attorney general who is conferred by law with general police powers,

after June 30, 2026, who has a history of employment with United States Immigration and Customs Enforcement or Border Patrol for any period after June 30, 2026."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3251
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII