Sheriff Dave J. Mahoney
Dane County Sheriff's Department policy allows deputies to report all undocumented inmates booked in jail to ICE
By H. Nelson Goodson
June 9, 2010
Madison, WI - Dane County Sheriff Dave J. Mahoney is underfire by Madison residents and the City Council for allegedly violating federal law, by not being enrolled in the Immigration and Customs Enforcement (ICE) 287(g) agreement program. The Dane County Sheriff's Department is in itself in violation of federal law, and lacks authority to enforce immigration laws. Sheriff Mahoney has set policy for deputy sheriffs to notify ICE on all suspected undocumented inmates booked into the jail regardless of charge or traffic violations. His reasoning, wants ICE to check if the people being held in his jail have a criminal record in an other country or pose a threat in his jail.
Federal laws prohibits local agencies like the Dane County Sheriffs Department from enforcing immigration laws unless they are in agreement with ICE under specific guidelines and training under 287(g), which Dane County lacks. ICE has yet to list any Wisconsin law enforcement agency in agreement under 287(g).
The 287(g) program, one of ICE’s top partnership initiatives, allows a state and local law enforcement entity to enter into a partnership with ICE, under a joint Memorandum of Agreement (MOA), in order to receive delegated authority for immigration enforcement within their jurisdictions.
In prior years, state and local enforcement agencies contacted ICE when they discovered previously deported felons had been arrested again or discovered illegal immigrants held in their jails. ICE would send officials to interview them and would put an immigration hold within 48 hours before being released from local jails. If there was no immigration hold, and the illegal immigrants with minor offenses were released from jail, ICE would not detain them.
On June 1, the Madison City Council passed a resolution calling for Sheriff Mahoney to end the practice of reporting to ICE all undocumented persons booked in the County jail to ICE, except those booked for a felony offense. The City Council has no authority over the County.
The aldermen say, the sheriffs policy undermines the ability to get information about crimes from the Latino community. Immigrants will most likely decide not to cooperate with law enforcement concerning crimes for fear of being reported to ICE.
Currently the federal government, ICE and local enforcement agencies work together under agreement to only detain or arrest undocumented felons and hand them over to ICE, due to the lack of resources, according to the U.S. Attorney's Office. Last week, the Milwaukee Police Department and ICE began a roundup of undocumented felons in the Milwaukee area, mostly gang members. When gang members are not located at certain addresses, ICE arrests undocumented immigrants found at the residence whether they are wanted or not.
In one case, police and ICE went to a South side residence looking for a illegal suspect with a criminal history, he wasn't at the residence, but they arrested his brother and another person for being in the country illegally.
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Dane County Sheriff's Department policy allows deputies to report all undocumented inmates booked in jail to ICE
By H. Nelson Goodson
June 9, 2010
Madison, WI - Dane County Sheriff Dave J. Mahoney is underfire by Madison residents and the City Council for allegedly violating federal law, by not being enrolled in the Immigration and Customs Enforcement (ICE) 287(g) agreement program. The Dane County Sheriff's Department is in itself in violation of federal law, and lacks authority to enforce immigration laws. Sheriff Mahoney has set policy for deputy sheriffs to notify ICE on all suspected undocumented inmates booked into the jail regardless of charge or traffic violations. His reasoning, wants ICE to check if the people being held in his jail have a criminal record in an other country or pose a threat in his jail.
Federal laws prohibits local agencies like the Dane County Sheriffs Department from enforcing immigration laws unless they are in agreement with ICE under specific guidelines and training under 287(g), which Dane County lacks. ICE has yet to list any Wisconsin law enforcement agency in agreement under 287(g).
The 287(g) program, one of ICE’s top partnership initiatives, allows a state and local law enforcement entity to enter into a partnership with ICE, under a joint Memorandum of Agreement (MOA), in order to receive delegated authority for immigration enforcement within their jurisdictions.
In prior years, state and local enforcement agencies contacted ICE when they discovered previously deported felons had been arrested again or discovered illegal immigrants held in their jails. ICE would send officials to interview them and would put an immigration hold within 48 hours before being released from local jails. If there was no immigration hold, and the illegal immigrants with minor offenses were released from jail, ICE would not detain them.
On June 1, the Madison City Council passed a resolution calling for Sheriff Mahoney to end the practice of reporting to ICE all undocumented persons booked in the County jail to ICE, except those booked for a felony offense. The City Council has no authority over the County.
The aldermen say, the sheriffs policy undermines the ability to get information about crimes from the Latino community. Immigrants will most likely decide not to cooperate with law enforcement concerning crimes for fear of being reported to ICE.
Currently the federal government, ICE and local enforcement agencies work together under agreement to only detain or arrest undocumented felons and hand them over to ICE, due to the lack of resources, according to the U.S. Attorney's Office. Last week, the Milwaukee Police Department and ICE began a roundup of undocumented felons in the Milwaukee area, mostly gang members. When gang members are not located at certain addresses, ICE arrests undocumented immigrants found at the residence whether they are wanted or not.
In one case, police and ICE went to a South side residence looking for a illegal suspect with a criminal history, he wasn't at the residence, but they arrested his brother and another person for being in the country illegally.
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