RELATING TO PUBLIC SAFETY.

SB3251

THE SENATE

S.B. NO.

3251

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to public safety
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
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 Ren�e 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 h
as 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:

_____________________________

Report Title:

ICE; DLE;
DLNR; DoTax; ATG; Law Enforcement; State Employment

Description:

Prohibits
the Department of Law Enforcement, Department of Land and Natural Resources, Department
of Taxation, and Department of the Attorney General from appointing or
employing former United States Immigration and Customs Enforcement or Border Patrol
agents and employees as law enforcement officers.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.