In a significant move reflecting ongoing tensions over immigration enforcement, the state’s Office of the Public Defender (OPD) has called on Gov. Josh Green to issue an executive order aimed at largely prohibiting state and local law enforcement agencies from working in conjunction with federal immigration authorities.
The proposal echoes legislation that was considered but ultimately failed to pass in the recent legislative session, raising concerns about the extent of local law enforcement autonomy and whether the executive order could override local agreements.
The request, described as “extraordinary” by the OPD, serves as a response to what Deputy Public Defender Sonny Ganaden characterizes as an unprecedented escalation in immigration enforcement at the national level, prompted by actions taken under the administration of President Donald Trump.
Ganaden articulated that the $170 billion allocated for immigration enforcement signifies a steep increase in federal government actions, prompting the necessity for local measures to protect residents, including non-citizens.
The draft order suggests that state and local agencies hold significant discretion in their interactions with federal immigration authorities, but it does not clarify whether Governor Green has the authority to impose restrictions on county police departments regarding the enforcement of immigration laws.
Currently, all four county police departments in Hawaiʻi maintain existing contracts with the Department of Homeland Security Investigations and other federal agencies, such as the Drug Enforcement Administration. Despite concerns from critics who warn of a slippery slope toward increased collaboration with ICE, Ganaden mentioned that the draft order may not extend to these existing agreements.
Legal questions surrounding local control and the state’s authority over county actions remain valid points of contention within this discussion. Ganaden likened the urgency of the proposed executive order to the sweeping executive actions undertaken by former Gov. David Ige during the COVID-19 pandemic, arguing that the current climate regarding immigration enforcement presents similar urgency.
“I don’t see anything prohibiting the governor from acting in residents’ best interests, not just citizens but non-citizens as well,” Ganaden stated. He framed the proposal as a necessary defensive response to perceived federal overreach.
The situation in Hawaiʻi has escalated, with federal immigration authorities reportedly increasing the number of immigration raids since the beginning of President Trump’s tenure. In the first six months of his administration, over 110 arrests were made on the islands, indicative of a shift in policy and enforcement tactics.
The draft order outlines specific prohibitions against local law enforcement cooperation with federal immigration agents in most cases. For instance, the order would restrict agencies from detaining or transferring individuals at federal requests for civil immigration violations unless those individuals have felony convictions within the past five years or pose a terrorist threat.
Additionally, it would prevent counties or law enforcement agencies from applying for federal grants funding police activities related to ICE and restrict public schools and health facilities from collecting information regarding immigration or citizenship status.
The intent is to reinstate a supportive environment for vulnerable communities in Hawaiʻi, mirroring the widely implemented “sensitive places policy” that previously limited ICE’s operational scope in schools, hospitals, and churches before it was rescinded by the Trump administration in January 2021.
Much of the language in the draft order reflects provisions from two pieces of legislation—HB 22 and HB 440—that failed during the 2025 legislative session. These bills aimed to establish protections for immigrants, noting Rep. Greggor Ilagan’s commitment to ensuring safeguards for those seeking citizenship and going through legal processes.
Despite the challenges that led to their deferral, including concerns about losing federal funding and potential backlash from the federal government, Ilagan remains supportive of advancing measures to protect immigrant communities.
“I still believe that these issues are things that we need to take on and that we need these safeguards in place,” Ilagan asserted.
The response from state officials has yet to clarify Gov. Green’s stance on issuing the executive order. The governor’s office deferred inquiries about the possibility of such an order to the state Department of the Attorney General, which emphasized its strong relationship with federal law enforcement.
The Attorney General’s office also mentioned that it has pursued legal action against unlawful federal actions, underscoring its commitment to addressing unconstitutional federal conditions related to grants.
Advocates for immigrant rights have expressed their hope that Gov. Green will heed the public defender’s request and prioritize the welfare of immigrant communities in Hawaiʻi. Liza Ryan Gill, co-coordinator for the Hawaiʻi Coalition for Immigrant Rights, noted the necessity to prevent local police from collaborating with federal immigration enforcement, arguing that communities depend on local law enforcement for safety rather than immigration actions.
In this rapidly evolving landscape, the dynamics between state action, local law enforcement autonomy, and federal immigration policy continue to be a focal point of debate, not just in Hawaiʻi but across the United States. The OPD’s initiative signifies a critical step in addressing the complexities surrounding immigration enforcement in the state.
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