HONOLULU (January 16, 2026) – The American Civil Liberties Union (ACLU) of Hawaii has outlined its legislative priorities for the 2026 session, focusing on criminal justice reform, gender equity and LGBTQ+ rights, and bolstering protections for Hawaii’s immigrant communities. These priorities come as state lawmakers prepare to convene on Wednesday, January 21st.
Holding Federal Agents Accountable: A Key focus
A central theme of the ACLU-Hawaii’s advocacy is the assertion of local jurisdiction over federal law enforcement operating within the state. Executive Director Salmah Rizvi emphasized, “We know that local law enforcement agencies do have jurisdiction to hold the federal government and its agents accountable when they commit crimes in our jurisdiction. We have the power to ensure Hawaii remains the beautiful, diverse, and open society we all enjoy.” This stance reflects growing concerns about the actions of federal agencies, notably Immigration and Customs Enforcement (ICE), and a desire to safeguard civil liberties.
Concerns Over ICE Tactics and Proposed Legislation
The call for accountability follows a series of reported incidents involving ICE agents nationwide,prompting lawmakers to consider measures to increase transparency and oversight. Senator Karl Rhoads, chair of the Senate Judiciary Committee, is spearheading two key bills designed to address these concerns.
The first proposed bill aims to ban law enforcement officers from wearing masks during official duties. Rhoads stated, “The need for this bill is obvious: the hyper-aggressive actions on the part of peopel claiming to be ICE agents.” He cited recent reports of American citizens being subjected to what he described as extrajudicial actions, including instances of citizens being detained and, in at least one case, an American citizen being “executed” without due process. It’s critically important to note that the term “executed” in this context likely refers to a fatal shooting, and further investigation would be needed to verify the details of this specific incident.
The second bill proposed by Senator Rhoads seeks to establish “sensitive places” where immigration enforcement activities would be prohibited.These locations would include schools, places of worship, and other areas where individuals should feel safe and secure from federal intervention.This measure is intended to protect vulnerable communities and ensure that immigration enforcement does not disrupt essential services or infringe upon essential rights.
Broader Legislative Agenda for 2026
While the focus on federal accountability is prominent, the ACLU-hawaii’s legislative agenda extends to other critical areas:
- Criminal Legal System Reform: The ACLU-Hawaii advocates for policies that address systemic inequities within the criminal justice system, including bail reform, sentencing reform, and increased investment in rehabilitation programs.
- Gender Equity and LGBTQ+ Rights: This includes advocating for legislation that protects against discrimination based on gender identity and sexual orientation, expands access to reproductive healthcare, and promotes equal pay.
- Immigrant Protections: Beyond limiting ICE enforcement in sensitive areas, the ACLU-Hawaii supports policies that provide legal assistance to immigrants, protect against deportation, and promote integration into Hawaiian society.
Understanding the Legal Landscape: Federal vs. State Authority
The assertion of local jurisdiction over federal agents is a complex legal issue. Generally, federal law enforcement officers have the authority to enforce federal laws nationwide. However, states retain inherent police powers to protect the health, safety, and welfare of their citizens. This can lead to jurisdictional overlap and potential conflicts.
The ACLU-Hawaii’s position is rooted in the principle that federal agents are not above the law and must be held accountable for any violations of state law. This argument often centers on the idea that federal agents operating within a state must adhere to the same legal standards as state and local law enforcement.
Looking Ahead
As the Hawaii State Legislature prepares to convene, the issues raised by the ACLU-Hawaii and Senator Rhoads are likely to be at the forefront of debate. The proposed legislation has the potential to significantly impact the relationship between state and federal law enforcement, as well as the rights of Hawaii’s residents. The coming legislative session promises to be a critical period for civil liberties in the state, and the outcome of these debates will have lasting implications for Hawaii’s diverse communities.
