Friday, May 25, 2012

ICE Detainer Policy Limits Of Illegals Approved By Milwaukee County Board

If the ICE detainer limit resolution is adopted by Milwaukee County Executive Abele and the Milwaukee County Sheriff's Office, it would limit hold detentions by U.S. Immigration and Customs Enforcement.

By H. Nelson Goodson
May 25, 2012

Milwaukee - On Thursday, the Milwaukee County Board on a vote of 14-4 approved an Immigration and Customs Enforcement (ICE) Detainer Limit Resolution 12-135 to limit the Milwaukee County Sheriff's Office (MCSO) from honoring requests by ICE to hold non-criminal aliens or undocumented suspects for longer periods when processed by the sheriff's department. Non-criminal illegal suspects or inmates being held by MCSO would be exempt from being held more than 48 hours when they are targeted for legal status confirmation and removal by ICE, if illegally in the country, according to the resolution sponsored by Supervisors Peggy Romo West, Russell Stamper II, Nikiya Harris, David F. Bowen and County Board Chairwoman Marina Dimitrijevic.
The supervisors argued that, ICE detainer requests are not mandatory under federal law and ICE doesn't refund the high costs to Milwaukee County when execssively holding illegals. Between 2010 to 2011, the MCSO held 439 suspects under ICE detainer requests, including 193 inmates who were in the country illegally.
Milwaukee County Executive Chris Abele is expected to veto the ICE detainer limit resolution because its a federal immigration issue and a not a county issue, according to county sources. Milwaukee County Sheriff David A. Clarke Jr. says, the resolution that was passed by the County Board is politically motivated, but also agreed the immigration issue is a federal issue as well.
Under the policy, if adopted by County Executive Abele and if the MCSO honors it, only certain illegal inmates and suspects would be held on ICE detainers.
Any suspect would be detained under ICE request, if the suspect has been convicted of at least one felony or two misdemeanor offenses; convicted or charged of any domestic violence offense or any violation of a protective order; convicted or charged with intoxicated use of a vehicle; suspect is a defendant in a pending criminal case, has an outstanding criminal warrant, is identified as a gang member and/or a possible match on the U.S. terrorist watch list.
In 2010, Milwaukee County Sheriff Clarke Jr. admitted that ICE has accessibility to information gathered from people they have arrested. The booking information accessible to ICE is the suspect's name, date of birth, place of birth, Social Security number and race, which the sheriff's department compiles from everyone that has been arrested or detained in Milwaukee County.
Clarke says, the department works with other law enforcement agencies by sharing information and did not dispute allegations ICE has access to information of persons processed by the department. He did confirm that the county jail has been in an agreement for the last five years with the feds to hold illegal immigrants under the State Criminal Alien Assistance Program and the county was reinburse about $135,000 in 2009. In 2008, the county received at least $60,000 under the program, according to Sheriff Clarke.
Under the above agreement, the MCSO has to check the legal status of everyone they suspect is an illegal alien and report their results to ICE.

Copy of Milwaukee County Board ICE Detainer Limit Policy at link:

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