A hallmark of President Donald Trump’s campaign was his promise to cut off access to the U.S. by undocumented migrants, and since his 2024 reelection, the federal administration has ramped up enforcement, detentions and deportations by several orders of magnitude.
But the dynamic hasn’t been the same in every state, and certainly not in Hawaii. Understanding that Hawaii is largely populated with people who don’t derive from the islands, we value welcoming, compassionate treatment for all — aloha — and there is little desire to see areas flooded with Immigration and Customs Enforcement (ICE) officers or other federal agents seeking to remove undocumented people who have peacefully established themselves within communities.
Beyond sentiment, though, Hawaii and all states are subject to the rule of law and inviolable constitutional rights that underpin this legal system. The concern today, as enforcement actions take place nationwide, is that these treasured principles might get ignored — raising the potential that rights could be discarded, creating a far less free and democratic nation.
Whatever the sentiment toward immigrants, any person on U.S. soil is by constitutional law guaranteed the right to due process — evenhanded, not arbitrary procedures, and a fair hearing — before they can be imprisoned, punished or deported.
That’s why alarm bells went off when on Maui, armed ICE agents swarmed a house with a group of public school teachers from the Philippines, working here legally and by invitation under the U.S. J-1 Visa Exchange Visitor Program. In an early morning raid, the agents rousted residents — including a crying 10-year-old — from their beds and forced them outside, demanding their documents.
As it happens, these agents had a judicial search warrant, making the raid legal — albeit frightening. Questions of due diligence on agents’ part remain, as ICE was searching for a Mexican national who had not lived at the multifamily dwelling in more than a year. The teachers reported feeling “traumatized” by being detained and having weapons pointed at them — and law enforcement officials of any stripe should strive to avoid subjecting innocent people to such treatment, with its intrinsic risk of harm that could quickly escalate out of control.
Hawaii advocates responded in an appropriate manner, with assistance and compassion — and provided valuable, proactive advice. Representatives of the ACLU of Hawaii, Hawaii State Teachers Association (HSTA) and Hawaii Coalition for Immigrant Rights met online with families and public school staff on Tuesday to give guidance on how to protect one’s rights if ICE agents came to a school.
It should be understood that schools will protect student and family rights, even as rules and procedures have been rapidly changing. A 2011 policy limiting immigration raids on churches, hospitals and schools was rescinded in January; however, a judicial warrant is required to enter a property, whether a private home or a school classroom. If no such warrant is issued, school officials can refuse entry.
Whether at home or in school, Hawaii’s residents and people should know their rights. These include the right to refuse a search without the proper warrant, guaranteed by the Fourth Amendment, which protects against unlawful searches and arrests, and the right to refuse to answer questions without a lawyer present, guaranteed by the Fifth Amendment.
Hawaii’s U.S. Rep. Jill Tokuda, one of the briefing’s organizers, said parents, students and community members are frightened by ICE actions in Hawaii and nationwide. And as she rightly asserts, it benefits all of us to know and value our legal rights.
