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Yahoo
20-03-2025
- Politics
- Yahoo
Sheriffs discuss Assembly bill requiring checking immigration status, ICE notification
CHIPPEWA FALLS — The state Assembly approved a bill Tuesday that would require sheriffs in Wisconsin to check the immigration status of every person incarcerated in their jails on a potential felony offense. The measure would also require them to contact ICE if a person is not a legal U.S. resident. Chippewa County Sheriff Travis Hakes said his agency has had that policy for years, using a fingerprint system to verify who they have detained. 'Partisan politics aside, we have always had a policy in place,' Hakes said. 'We have a system in place to identify everybody, either citizens or non-citizens. We make sure they are who they say they are. We always try to positively identify and we always check for wants and warrants. We've always done that, even before this became a hot-button issue.' Hakes, a Republican, said they have a policy where they notify ICE upon learning a person is not a legal resident as well. He recalled a man who severely stabbed a deputy 10 years ago and was killed in the process was wanted by ICE. 'We have a good working relationship with ICE, and all of our law enforcement stakeholders,' he said. Hakes said that there are more privacy protections in place than people realize. For instance, he cannot publicly state if a specific person incarcerated in the jail is an illegal resident. 'Less than 5% of the people we deal with have an illegal status,' he added. Hakes acknowledged the bill has its detractors, and he doubts that Gov. Tony Evers would sign it into law. 'I sit on the Badger State Legislative Council. Everyone has a different opinion on this bill and the application of this bill,' Hakes said. 'Personally, I don't believe we need more legislation for what we're already doing.' Barron County Sheriff Chris Fitzgerald, a Democrat, said his department also checks the immigration status of everyone who is detained. 'It won't change our operation,' Fitzgerald said. One part of the proposed legislation is that sheriffs who don't comply could lose state funding. Fitzgerald objected to that part of the bill. 'You can't pass a law to tell a constitutional officer what to do,' Fitzgerald said, but he added, 'I won't fight it.' Fitzgerald stressed how infrequently his officers wind up arresting someone who is not a legal resident. 'If we even get one a year, I'd be surprised, and we book in 1,200 people (annually),' he said. Eau Claire County Sheriff Dave Riewestahl could not be reached for comment on his policy. Rep. Karen Hurd, R-Withee, issued a statement after the Assembly passed the measure, known as AB 24. 'One of the issues I hear a lot about from my constituents is illegal immigration, Hurd wrote. 'While immigration is primarily a federal issue, there are still some areas where state and local governments can help. One way is by having local law enforcement, like our county sheriffs, partner with federal law enforcement to keep illegal immigrants who commit felonies off our streets. While many of our sheriffs already do this, some refuse to do so, making all Wisconsinites less safe. By requiring our sheriffs to cooperate with the federal government, we are helping to keep our communities safe.'
Yahoo
19-03-2025
- Politics
- Yahoo
Assembly passes bill requiring local law enforcement cooperation with ICE
The Wisconsin Assembly voted along party lines Tuesday to pass legislation penalizing counties with sheriff's departments that don't cooperate with ICE, the federal Immigration Customers and Enforcement agency. (Photo via ICE) Legislation passed the Assembly Tuesday that would claw back state aid from counties where the sheriff doesn't cooperate with the federal Immigration and Customs Enforcement service (ICE). The legislation would require sheriffs to check the citizenship status of people being held in jail on felony charges and notify federal immigration enforcement officials if citizenship cannot be verified. The state Senate, meanwhile, approved a bill that would block a judicial investigation of a police officer involved in the death of a person unless there's new evidence or evidence that has not been previously addressed in court. The immigration-related bill, AB 24, passed the Assembly on a straight party-line vote. In addition to requiring citizenship checks, the bill would also require sheriffs to comply with detainers and administrative warrants received from the federal Department of Homeland Security for people in jail. Counties would be required to certify annually that they were following the law and would lose 15% of their shared revenue payments from the state if they were not. Proponents described the measure as enhancing safety. 'We have the opportunity to emulate in many ways the best practices that are already happening across our country,' Assembly Speaker Robin Vos (R-Rochester), the bill's author, said at a news conference before the floor session. 'We have seen since [President] Donald Trump took office that we have had a dramatic reduction in the number of illegal crossings that are happening at the southern border.' Opponents said the bill would divert local law enforcement resources while driving up mistrust and fear among immigrants, regardless of their legal status. Rep. Ryan Clancy (D-Milwaukee) said the legislation was 'big government' and interferes with local counties' policy decisions. It also undermines the presumption of innocence for a person charged with a crime, potentially strains resources for local jails, and could lead to holding people 'longer than is necessary,' he said. But he added that those weren't his top reasons for opposing the bill. 'I'm voting against this because it's wrong, because this legislation rips people from our communities and families based on the mere accusation of a crime, because our Republicans colleagues' eagerness to make themselves tools in Trump's attacks on immigrants, refugees, visitors and those who oppose him is vile,' Clancy said. On the floor, Vos replied that he agreed with Clancy about the presumption of innocence, and that he also agreed with other lawmakers who said the vast majority of immigrants are not guilty of any crime. 'But I would also say that there is a burden of proof on both sides,' Vos said. 'It's not entirely on just the side of the government to ensure that you follow the law.' Claiming broad bipartisan support for the measure, Vos said Democratic opposition was 'clearly out of step, even with your base.' Rep. Christian Phelps (D-Eau Claire) responded that he hasn't heard constituents ask for the legislation or anything like it. 'They are asking us explicitly to make life tangibly easier for working class Wisconsinites,' he said, 'and they have not been asking me to engage in redundant acts of political theater to satisfy the whims of a rogue president engaging in a campaign of intimidation and mass deportation that includes constituents in western Wisconsin.' The state Senate voted Tuesday to pass a bill that makes an exemption to the state's John Doe law for police officers involved in a civilian's death. In Wisconsin, if a district attorney chooses not to file criminal charges, a judge may hold a hearing — known as a John Doe investigation — on the matter and file a complaint based on the findings of that hearing. The legislation, SB 25, 'simply says, if that case goes before a DA, and then the DA justifies their actions and they are deemed to be innocent of any wrongdoing … that case is closed and it is in a file never to be seen again,' said the bill's author, Sen. Rob Hutton (R-Brookfield), on the Senate floor. Hutton said the legislation allows a judicial investigation to proceed, however, 'if a new piece of evidence is presented that wasn't known before, or an unused piece of evidence is found.' But Sen. Dora Drake (D-Milwaukee) questioned carving out an exemption to the state's John Doe law. 'This bill does not apply to any other crime in Wisconsin,' she said. Lawmakers, Drake added, should do more to address 'the environment and the situations' that have led to officer-involved deaths. Sen. LaTonya Johnson (D-Milwaukee), said testimony at the bill's public hearing discussed only two attempts to invoke the John Doe proceeding after a prosecutor declined to file charges in an officer-involved death — and one of them involved former Wauwatosa police officer Joseph Mensah, who killed three people in five years. Allowing for a John Doe investigation in an officer-involved death 'protects the public,' Johnson said. 'What it does is put a second eye on those cases that deserve a second look.' The Senate passed the bill 19-13. Two Democrats, Sens. Kristin Dassler-Alfheim (D-Appleton) and Sarah Keyeski (D-Lodi), voted in favor along with 17 Republicans. Sen. Eric Wimberger (R-Oconto), who also opposed the bill in committee, joined the remaining Democrats who voted against the measure. Reversing DPI testing standards: On a vote of 18-14 along party lines, the Senate concurred in an Assembly bill that would reverse a change that the Department of Public Instruction (DPI) made last year to testing standards. AB 1 would revert the state's testing standards to what they were in 2019 and link standards to the National Assessment of Educational Progress (NAEP). Republicans voting for the bill said that the DPI change 'lowered' standards — a claim DPI and Democrats rejected. Direct primary care passes — but Democrats object: The Senate also voted 18-14 on party lines to pass SB 4, legislation that would clear the way for health care providers who participate in direct primary care arrangements. Under direct primary care, doctors treat patients who subscribe to their services for a monthly fee as an alternative to health insurance for primary care. An amendment Democrats offered would have added a list of enumerated civil rights protections for direct primary care patients. That list was in a direct primary care bill in the 2023-24 legislative session that passed the Assembly but stalled in the Senate when two organizations protested language protecting 'gender identity.' After the amendment was rejected, also on a party-line vote, Democrats voted against the final bill. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
27-02-2025
- Politics
- Yahoo
Local law enforcement should cooperate with ICE, Republicans argue at hearing
Rep. Robin Vos and Sen. Julian Bradley testified on a bill to verify the immigration status of people being held for a felony charge. Screenshot via WisEye. Republican lawmakers argued Wednesday that the state needs to require local law enforcement to report people with felony charges to Immigration and Customs Enforcement (ICE) if they can't verify citizenship as a way to support public safety. Proposed legislation would require local sheriffs to verify the citizenship status of people in custody for a felony offense and notify Immigration and Customs Enforcement (ICE) if citizenship cannot be verified. It would also require sheriffs to comply with detainers and administrative warrants received from the federal Department of Homeland Security for people held in the county jail for a criminal offense. It comes as President Donald Trump and his administration have started to ramp up deportation of migrants in the U.S. without legal authorization and taken other steps to restrict U.S. immigration. Sen. Julian Bradley (R-New Berlin) and Assembly Speaker Robin Vos (R-Rochester) emphasized during Assembly Criminal Justice and Public Safety Committee hearing that their bill, AB 24, would only apply in cases of felony offenses. 'This seems to get dragged into a lot of other immigration policy, but I want to repeat individuals who are here illegally who commit felonies,' Bradley said. 'Let's be clear again. This proposal will make it easier to remove dangerous criminals from our communities,' Bradley said. 'It's shocking to think that a handful in law enforcement and our government would rather protect felons than work with our federal partners to stop the flow of crime and drugs into our neighborhoods.' He added that he hoped to see bipartisan support for the bill. The lawmakers said counties that don't comply with ICE are putting other counties at risk. Vos brought up a 2024 arrest by Prairie du Chien police of a Venezuelan immigrant who they said was affiliated with a gang and was charged with assaulting a mother and daughter. Republicans have repeatedly used the case to make political points about immigration. 'Prior to his arrest in Wisconsin, he was arrested in Minneapolis on suspicion of vehicle theft, he was booked into the Hennepin County Jail and soon released. Hennepin County, unfortunately, is listed as a non-cooperative facility,' Vos said. 'Prompt ICE notification could have prevented this terrible crime from occurring right here in Wisconsin.' A 2024 ICE report lists Dane and Milwaukee counties as 'noncooperative institutions' in Wisconsin. Seven counties in the state currently have formal agreements with ICE to hold in jail immigrants without legal status. There were eight at one point, but Lafayette County ended its participation in ICE's 287(g) program. Under the bill, the county of a sheriff who does not comply would lose 15% of its shared revenue payments from the state in the next year. Compliance would need to be certified each year with the Wisconsin Department of Revenue. Rep. Tip McGuire (D-Kenosha) questioned why an additional mandate on local law enforcement was necessary and pointed out the potential financial impact the bill could have on local officials. The financial impact to counties was pointed out as a concern in written testimony provided by Badger State Sheriffs' Association. 'Law enforcement already has the opportunity to allocate their resources as they need,' McGuire said. 'That's why we elect sheriffs. We want to put them in a position so they can make those determinations for their local community, and instead we're mandating that they comply with the federal government in this case, and we don't really know what the local circumstances are.' County governments are 'already struggling with challenges and staffing and their financial circumstances, and then we threaten to harm them financially if they don't [comply],' he added. 'What are we gaining?' Public safety, Bradley answered, adding that as long as sheriffs don't 'do what Milwaukee and Dane County are doing' then they 'don't have to worry about the claw back.' Vos justified the penalty with a reference to the long delay by Milwaukee Public Schools in placing 25 police officers in schools required by the 2023 state shared revenue law. He said not including a penalty in that legislation was a 'mistake.' 'If you want to enforce it, then there has to be a penalty,' Vos said. The bill lists fifteen documents that could be used to verify the status of a person arrested, including a U.S. passport, a birth record issued by a state in the US that bears an official seal or other mark of authentication, a certificate of naturalization and U.S. citizenship or a permanent resident card. Rep. Jodi Emerson (D-Eau Claire) asked how quickly someone would have to produce the necessary records. 'It's people who are accused of a crime and not convicted,' Emerson said. 'Because not everybody carries every single piece of paperwork and certainly not a notarized copy of a birth certificate around with them.' Bradley said the bill would leave it up to the discretion of law enforcement but added he would be open to debating changes. Emerson also asked if any consideration had been given to cases where a felony charge is potentially downgraded to a lesser charge. The authors said that the bill doesn't consider that. 'The people have already committed a crime by coming into the country illegally,' Vos said — although being in the U.S. without authorization is not a criminal offense in all cases. 'The second crime that they would be committing would be potentially a violent felony,' Vos said. 'All we're saying is you have to notify ICE and then at that point ICE will give them all the opportunity to prove they are here legally. There is no problem with that, but that's not really the responsibility of the citizens of Wisconsin.' Under federal law, entering the U.S. without the approval of an immigration officer is a misdemeanor offense that carries fines and no more than six months in prison. However, in a significant number of cases, such as when someone enters the country legally and overstays a visa, it is just a civil violation. Racine County District Attorney Patricia Hanson told lawmakers the bill is necessary to address political and policy barriers between Wisconsin's 72 counties and to enable federal, state and local enforcement agencies to enhance safety. 'This change in no way affects hard-working, undocumented people who may come to our jail for driving without a license. It will not even affect undocumented people who commit petty theft, who lie to the police about their identity, abuse their spouse with minor injuries, or drive drunk or impaired up to the third offense. None of those are felonies in Wisconsin,' Hanson said. 'One could even argue under some of these circumstances this bill is not far enough, but it is a good start.' Witnesses testifying against the bill said it could create fear in communities and discourage people from reporting crimes. Alondra Garcia, who said she is a visa holder, former DACA recipient and current Milwaukee Public Schools educator, said recent anti-immigrant rhetoric since Trump took office has been 'disheartening' and 'dehumanizing.' The bill, she said, 'would allow racial profiling to be acceptable in our community.' 'Immigrants, including those with legal status, will fear interaction with law enforcement, making them less likely to report crimes or seek help when needed. It will separate families and destabilize communities,' Garcia said. 'Families will live in fear that a routine traffic stop or minor interaction with law enforcement could lead to detention and deportation.' Two groups — the Wisconsin Sheriffs and Deputy Sheriffs Association and Badger State Sheriffs' Association — are registered in favor of the bill, according to the state's lobbying website. Several groups are registered against the bill, including the American Civil Liberties Union of Wisconsin Inc, Kids Forward, Wisconsin Coalition Against Sexual Assault, Wisconsin Council of Churches, Wisconsin Counties Association and the Wisconsin Education Association Council. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
