Milwaukee Police Chief Morales told the Milwaukee Fire & Police Commission that 38-year-old undocumented immigrant arrested on September 23 in the Southside by Milwaukee police officers from Police District 2 had an active federal warrant.
By H. Nelson Goodson
Hispanic News Network U.S.A.
October 18, 2019
Milwaukee, Wisconsin - On Thursday, Milwaukee Police Chief Alfonso Morales told the Milwaukee Fire & Police Commission during a hearing that undocumented Jose Alejandro De la Cruz-Espinosa, 38, had an active federal warrant and admitted that police officers were assisting U.S. ICE agents in arresting him on September 23, in the Southside of Milwaukee. If in fact, ICE agents on that particular day had an active federal warrant signed by a judge to take De la Cruz-Espinosa into custody, why would police actually arrest De la Cruz-Espinosa after contacting his Wisconsin Department of Corrections Probation Officer Minerva Santiago-Gomez to revoke his probation for a prior misdemeanor conviction for carrying a conceal gun. At the time De la Cruz-Espinosa was taken into custody by police in the Southside of Milwaukee for a frivolous probation violation, he didn't have active warrants, according to state court records.
Chief Morales in his testimony stated, that "The Milwaukee Police Department responded to a request for assistance from law enforcement officers from ICE (U.S. Immigration and Customs Enforcement) on September 23, 2019, officers assisted ICE in the apprehension of Mr. Jose De la Cruz who was in violation of probation and had an active federal warrant. Just want to clear the air, that Mr. De la Cruz has a criminal history of fire arms possession, delivery of control substance, battery, receiving stolen property, disorderly conduct and obstructing. Milwaukee police officers were able to engage in active dialogue with Mr. De la Cruz, which deescalated the situation and allowed them to take him into custody without incident.
The Milwaukee Police Department (MPD) does not engage in sweeps, there were no sweeps (immigration) in the last two years. This was assisting another law enforcement agency to make an arrest. An arrest that would have been made regardless, if you are a U.S. Citizen or not."
When police arrested De la Cruz-Espinosa, they immediately turn him over to ICE agents without any due process for the state probation violation.
Kristine De la Cruz told Hispanic News Network U.S.A. (HNNUSA) on Friday that De la Cruz-Espinosa's lawyer confirmed that there was no active federal warrant for her husband at the time of his arrest.
According to Ilrc dot com, "An ICE (administrative) warrant directs various federal immigration enforcement agents to arrest the person named in the warrant. Because it is not issued by a judge, an ICE warrant does not give the immigration enforcement officer the authority to demand entry to a home or private space in order to make the arrest. "ICE warrants do not generally provide a basis for a local or state law enforcement officer or agency (LEA) to arrest or detain anyone. Federal regulations allow a specific list of federal immigration agents to execute administrative immigration arrest warrants."
Kristine De la Cruz told Hispanic News Network U.S.A. (HNNUSA) on Friday that De la Cruz-Espinosa's lawyer confirmed that there was no active federal warrant for her husband at the time of his arrest.
According to Ilrc dot com, "An ICE (administrative) warrant directs various federal immigration enforcement agents to arrest the person named in the warrant. Because it is not issued by a judge, an ICE warrant does not give the immigration enforcement officer the authority to demand entry to a home or private space in order to make the arrest. "ICE warrants do not generally provide a basis for a local or state law enforcement officer or agency (LEA) to arrest or detain anyone. Federal regulations allow a specific list of federal immigration agents to execute administrative immigration arrest warrants."
A video taken by members from Voces de la Frontera when the incident occurred showed that police nor ICE agents had warrants and De la Cruz's wife even made it clear that when ICE agents were asked to show a warrant for her husband, ICE agents refused to show a warrant, simply because they had none.
Is Chief Morales attempting to coverup the alleged questionable act by ICE agents to ask for police assistance on an arrest because they lacked a federal judicial warrant signed by a judge and had police to revoke De la Cruz's probation to arrest him on a frivolous charge? If ICE agents would actually have had an active federal warrant for De la Cruz-Espinosa, they would have arrested him without the aid of police officers at the scene.
In this case, Milwaukee police officers erred in turning De la Cruz-Espinosa to U.S. ICE rogue agents without affording De la Cruz-Espinosa his due process as guaranteed by both the U.S. Constitution and the Wisconsin State Constitution and laws, but what can you expect from rogue ICE and agents that lack any accountability and a police department including its officers that are so eager to assist ICE agents without actually first confirming, that ICE agents have all the legal required documents and federal judicial warrants to take an undocumented immigrant into custody while being assisted by police.
The MPD, Chief Morales and the Milwaukee Fire & Police Commission need to make sure that its officers and supervisors confirm that ICE agents have their legal warrants to arrest a resident of the City of Milwaukee and should also have a Standard Operating Procedure in place to check for ICE legal warrants to avoid a possible federal lawsuit for committing illegal acts.
Editor's note: According to U.S. ICE, "Under the Immigration and Nationality Act as passed by Congress, ICE detainers, removal orders issued by federal immigration judges, and ICE immigration enforcement in general, is conducted under civil law. The “judicial warrant” demanded by a sheriff (police) only applies to criminal cases and does not exist for civil law matters. "However, for every detainer ICE issues the agency also provides an accompanying administrative warrant, or a warrant of removal along with the detainer, which is the warrant that does exist for matters governed under civil law." The ICE warrants are not legal binding to enter private property to arrest a suspected undocumented individual or a vehicle, which is private property as well, but ICE attempts to deceit the public by making it seem that ICE administrative warrants are legal to execute on private property and force a Sheriff's Department or Police Department to turn over an individual. Law enforcement agencies do neglect to honor such ICE detainers and administrative warrants to avoid being liable by an individual due to the non legal binding ICE warrants and detainers.
Any Milwaukee police officer or supervisor caught lying, making false reports and violating the due process of any person whether a U.S. Citizen or not should be grounds to be subject for termination from duties and job, if in fact it is found the police officer or supervisor has violated police department policies and laws. Milwaukee Police Chief Alfonso Morales and the Milwaukee Fire & Police Commission should not tolerate this type of illegal acts and should fire these officers when they become a liability to the police department, City and residents. These police officers have sworned to uphold the U.S. Constitution and the State Constitution including laws and when they fail to do so, they should get fired.
Editor's note: According to U.S. ICE, "Under the Immigration and Nationality Act as passed by Congress, ICE detainers, removal orders issued by federal immigration judges, and ICE immigration enforcement in general, is conducted under civil law. The “judicial warrant” demanded by a sheriff (police) only applies to criminal cases and does not exist for civil law matters. "However, for every detainer ICE issues the agency also provides an accompanying administrative warrant, or a warrant of removal along with the detainer, which is the warrant that does exist for matters governed under civil law." The ICE warrants are not legal binding to enter private property to arrest a suspected undocumented individual or a vehicle, which is private property as well, but ICE attempts to deceit the public by making it seem that ICE administrative warrants are legal to execute on private property and force a Sheriff's Department or Police Department to turn over an individual. Law enforcement agencies do neglect to honor such ICE detainers and administrative warrants to avoid being liable by an individual due to the non legal binding ICE warrants and detainers.
Any Milwaukee police officer or supervisor caught lying, making false reports and violating the due process of any person whether a U.S. Citizen or not should be grounds to be subject for termination from duties and job, if in fact it is found the police officer or supervisor has violated police department policies and laws. Milwaukee Police Chief Alfonso Morales and the Milwaukee Fire & Police Commission should not tolerate this type of illegal acts and should fire these officers when they become a liability to the police department, City and residents. These police officers have sworned to uphold the U.S. Constitution and the State Constitution including laws and when they fail to do so, they should get fired.
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