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THE SENATE |
S.C.R. NO. |
137 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
REQUESTING THE CONVENING OF A TASK FORCE TO ADDRESS THE ISSUE OF SHARING CRIMINAL BACKGROUND INFORMATION BETWEEN THE FEDERAL AND STATE GOVERNMENTS.
WHEREAS, immigration law is governed by federal law, encompassing many areas, including employment, citizenship, and benefits; and
WHEREAS, since the September 11th, 2001 attacks on the Pentagon and the World Trade Center, the federal government has increased its emphasis on securing the borders of the United States through initiatives like the creation of the Department of Homeland Security; and
WHEREAS, one of the tools the Department of Homeland Security uses in an effort to secure the borders of the United States is the background check, although the current mechanisms for these checks are backlogged; and
WHEREAS, the Department of Homeland Security is improving the sharing of information amongst federal departments and with the states, and the agency itself is predominantly a counter‑terrorism organization; and
WHEREAS, events over the past several years, including, most recently, the murder of Karen Etrell, highlight a different kind of border security problem: that of immigrants with criminal backgrounds entering the country and this State, and committing crimes; and
WHEREAS, the Department of Homeland Security does deny visas to known international gang members because of their ties to international terrorism; and
WHEREAS, although our federal and state constitutions guarantee the freedom to associate, and by inference, to travel freely within the country, those legal guarantees and our separate state governments make it difficult to identify and track immigrants with criminal backgrounds; and
WHEREAS, improved information sharing between the federal government and the states could help address these public safety issues without infringing on the constitutional freedoms that guarantee our freedom to associate and travel; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the House of Representatives concurring, that the Legislature requests the convening of a task force to identify the legal and logistical impediments to the sharing of criminal background information of immigrants between the federal government and the State and between state departments; and
BE IT FURTHER RESOLVED that the task force should be composed of:
(1) The United States Attorney for Hawaii, or the United States Attorney for Hawaii's designee;
(2) The Attorney General, or the Attorney General's designee;
(3) The Chief of Police of each county, or their respective designees;
(4) The Superintendent of Education, or the Superintendent's designee;
(5) The Director of Human Services, or the Director's designee; and
(6) The Director of Health, or the Director's designee; and
BE IT FURTHER RESOLVED that the task force submit its recommendations, including proposed legislation, to the Legislature no later than twenty days prior to the convening of the 2009 Regular Session; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the United States Attorney for Hawaii, the Attorney General, the Chief of Police of each county, the Superintendent of Education, the Director of Human Services, and the Director of Health.
Immigration; Information Sharing; Task Force