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Under a new bill, Hawaii would give local law enforcement agencies the option to not cooperate with federal immigration authorities. Read more

Hawaii would become the second “sanctuary state” for tax-paying undocumented immigrants with no criminal convictions under a bill that would give local law enforcement agencies the option to not cooperate with federal immigration authorities.

Senate Bill 557, introduced by state Sen. Karl Rhoads (D, Downtown-Nuuanu-Liliha), survived a vote on the Senate floor last week and has been referred to House committees.

If it becomes law, local law enforcement agencies will not participate in federal searches for undocumented immigrants if they have not been convicted of crimes and have been paying their taxes, according to Rhoads.

The bill would not protect undocumented immigrants who have been convicted of a felony or convicted of a misdemeanor within the past five years, are wanted by federal law enforcement agencies, are suspected of involvement in terrorist activity or are convicted sex offenders against minors. It also would not extend to those who have illegally crossed the U.S. border a second time after having been deported.

There were 253,414 immigrants in Hawaii in 2015, approximately 45,000 of them undocumented, according to the measure. The bill also states that because of the state’s isolated geographical location, it’s likely that most undocumented immigrants here overstayed their visas, which is not a crime.

Rhoads said the bill “does not attempt to circumvent federal law,” but gives local law enforcement the leeway to choose whether it wants to help federal officers when it comes to certain immigration cases.

It also would encourage immigrant communities in Hawaii to cooperate with police on “real crimes,” he said, because undocumented immigrants wouldn’t have to fear deportation when encountering police.

Among those opposing the bill are the Honolulu Police Department and Honolulu’s Department of the Prosecuting Attorney.

Honolulu police Maj. Mark Cricchio submitted testimony saying SB 557 would “pit federal law enforcement against local law enforcement” and affect federal funding.

“It will instead hamper police efforts to keep our community safe by threatening the local police department’s ability to qualify for essential federal funding,” Cricchio said.

Rhoads noted the Trump administration’s failure in withholding federal grants from sanctuary cities and the first sanctuary state, California.

Rojelio Herrera, a retired Air Force officer and a descendant of legal immigrants, also expressed opposition to the bill.

“My grandfather, who came across the border … he came and he brought his dreams and his hopes with him, and they wanted to be part of a country that has laws that meant something,” he said.

Herrera said he doesn’t see a reason for Hawaii to become a sanctuary state when the islands are thousands of miles away from the “real need” for a sanctuary location.

“We’re creating a problem that is not ours to deal with,” he said, adding passing a sanctuary law could, in fact, draw undocumented immigrants to Hawaii.

Rhoads dismissed the idea as “nonsense” because of the other, far more convenient sanctuary jurisdictions in existence.

William Hoshijo, executive director of the Hawaii Civil Rights Commission, said the concern should be for people currently living in Hawaii, and SB 557 will allow local undocumented immigrants to feel safe while reporting discrimination.

“Our state laws don’t distinguish between people who are documented or undocumented, or citizens or noncitizens,” he said. “So in order for us to effectively enforce our civil rights laws, we need people to be willing to come forward. I think if people who are undocumented fear that they’ll be turned in by state authorities to the federal immigration authorities, they’ll be less likely to come forward and report discrimination.”

He went on to say the bill would benefit legal immigrants and America citizens because undocumented immigrants would feel free to step forward as witnesses in court cases.

Should the federal government overrule state laws on immigration, local law enforcement may be forced to provide information on undocumented immigrants. While Rhoads acknowledged something like that is possible, he said he believes it’s unlikely because Congress hasn’t been able to pass legislation pertaining to immigration in years.

“There is no attempt to override areas where the federal government has the legal high ground,” said Rhoads. “We will always comply with federal law where it’s binding, and we will comply on all those cases” involving a felon, terrorist or certain misdemeanors.

SB 557 has been referred to a host of House committees for further consideration.

Gov. David Ige has not stated a position on the bill.

Correction: An earlier version of this story mistakenly said if the bill becomes law, local law enforcement can choose not to participate in federal searches, but local law enforcement will not have a choice if the undocumented immigrant has not been convicted of crimes.