Hawaii lawmakers are considering a series of bills aimed at increasing transparency in law enforcement, including proposals to restrict officers —federal and local— from concealing their identities while interacting with the public.
Senate Bill 2203, introduced following recent protests and the deaths of two demonstrators involving federal agents in Minneapolis, would make it a misdemeanor for law enforcement officers to wear masks or disguises during official duties, with several exceptions.
The measure includes exemptions for officers working undercover, motorcycle officers while riding, use of medical-grade masks to prevent disease, gear required for underwater operations or extreme weather, activities during declared wildfire emergencies, and use of tactical gear by specialized units.
At a Tuesday hearing, Honolulu Police Department and state Department of Law Enforcement officials raised concerns that the bill could unintentionally expose backup officers who assist undercover operations, such as maintaining perimeters.
“The bill already exempts officers undercover,” Judiciary Chair Sen. Karl Rhoads said during the hearing. “But then your argument is that there are, like, a category of people who aren’t yet undercover?”
Immigration and Customs Enforcement (ICE) did not submit testimony. The Honolulu Prosecutor’s Office warned that the bill could conflict with federal authority, citing the Supremacy Clause and a legal challenge brought by the U.S. Department of Justice against a similar California law. Still, Sen. Joy San Buenaventura said, “Anybody who abuses their power needs to be identifiable.”
SB 2203 was deferred to Thursday for further consideration. Rhoads noted substantial public support, referencing 151 pages of written testimony submitted to the committee. “This bill and others are almost assuredly going to move,” Rhoads said.
Mandy Fernandes, policy director at the American Civil Liberties Union of Hawaii, said the organization supports legislation to increase accountability. “Even if we fully trust our local police departments, we know that’s not the case with our federal agents.”
Gov. Josh Green’s office said he supports “sensible bills that protect law-abiding members of our community.”
Other proposals progressing through the House and Senate would prohibit law enforcement officers from covering their faces and require that they wear visible identification on their persons and vehicles.
House Bill 2540, the House counterpart to SB 3322, would bar officers from prolonging stops to inquire about civil immigration status and would require local agencies to set clear policies on collaborating with federal immigration enforcement.
House Bill 1886 would establish guidelines for face coverings and identification, and stipulate that warrantless arrests by federal officers be carried out in a personal capacity.
House Bill 1839 and Senate Bill 2874 would require law enforcement to inform individuals of their rights before any ICE interview related to civil immigration violations.
SB 3265 and HB 2129 propose that certain public locations be designated as “service-first” spaces with defined procedures for civil immigration actions. They would also limit data sharing on immigration status and mandate annual reports on related requests.
Other bills include HB 2541, which would prohibit discrimination based on immigration status, and HB 2445, which would require the Department of Education to establish emergency protocols for immigration enforcement near schools.
