Controversy over accepting U.S. Immigration and Customs Enforcement administrative arrest warrants at Milwaukee County Court House ignites legal debate among Milwaukee County judges.
By H. Nelson Goodson
Hispanic News Network U.S.A.
April 22, 2025
Milwaukee, Wisconsin - The Milwaukee Journal Sentinel (MJS) reported on Tuesday that U.S. Immigration and Customs Enforcement (USICE) agents on April 18 went to the Milwaukee County Court House with an alleged warrant to detain an undocumented individual at Milwaukee County Circuit Court Judge Hannah C. Dugan's court room, but were unsuccessful.
Judge Dugan referred the USICE agents to go to Milwaukee County Circuit Chief Judge Carl Ashley's office to present the alleged warrant. Ashley later wrote an email to all the judges that USICE had come to his office with a warrant. However, Judge Ashley failed to confirm in the email to judges whether it was an USICE agent administrative warrant, which is considered non-legal binding to enter into private property, seize property or go into vehicles to arrest individuals; or a federal legal judicial warrant signed by a judge allowing USICE agents to arrest individuals in private property, seize property and to make arrests inside a vehicle.
According to the MJS article, Milwaukee County Circuit Court Judge Marisabel Cabrera believed USICE agents had presented an administrative warrant instead of a legal judicial warrant signed by a federal judge. Hispanic News Network U.S.A. (HNNUSA) attempted to contact Judge Cabrera on Tuesday, but was unsuccessful.
Judge Ashley's office apparently made a copy of the USICE agents warrant, but has not confirmed, if it was an administrative warrant or a legal judicial warrant.
USICE administrative warrants are not legal binding to go into private property to make arrests and should not be accepted at the Milwaukee County Court House property, since it's Milwaukee County property including the court house hallways.
Judge Cabrera emailed other judges in response to Chief Judge Ashley's email saying that her understanding was that USICE agents presented an administrative warrant and not a judicial warrant. She also raised concerns about how Chief Judge Ashley was going to respond and planning to deal with USICE administrative warrants in his draft protocol policy plan for the Milwaukee County Court House.
"If the proposed protocol is to accept these warrants, I find it problematic...In effect, the protocol seems to merely facilitate ICE arrests in a manner that is quiet and least disruptive to us. On the other hand, the protocol gives the illusion to the general public that steps are being taken in the courthouse to prevent ICE overreach...I have serious concerns about publicly giving the appearance the protocol is somehow making it safe for folks to come to court when in fact they may still be arrested by ICE and deported to a brutal detention center in El Salvador...I cannot in good conscience support a protocol that gives the impression that it was created to do something about how ICE conducts its business in the courthouse, where all the protocol does is to require ICE to check in with the Chief Judge first and then proceed as they wish.", wrote Judge Cabrera in her email to judges, the MJS reported.
According to the MJS article, Judge Cabrera says, that federal immigration agents have made "grave errors" in their arrests, made false allegations and blatantly violated the U.S. Constitution and that the public should be aware that they're assuming this risk when they come to the courthouse.
Also, the Milwaukee County Board of Supervisors are scheduled to vote on their version to address USICE agents previous arrests of undocumented individuals at the Milwaukee County Court House and Safety Building hallways.
The Milwaukee County resolution #25-295 fell short from preventing or stopping USICE operations inside the Milwaukee County Court House and Safety Building hallways. (Article link: https://tinyurl.com/nt5dy9s9)
Editor's note:
WI: Apparently, Wisconsin MAGA State Representative Robert 'Bob' Donovan (R-Greenfield) and MAGA radio host Dan O'Donnell at Newstalk 1130 AM radio don't legally understand that U.S. Immigration and Customs Enforcement (USICE) administrative warrants are not legal binding to be accepted by County judges and the public, since they are only signed by a USICE agent, and not legally signed by a federal judge to go into private property to make arrests, to seize property and to make individual arrests inside a vehicle.
USICE agents went to the Milwaukee County Court House on April 18, 2025 looking to arrest an undocumented individual at a court room and they didn't show an arrest warrant when asked by Milwaukee County Circuit Court Judge Hannah C. Dugan who then referred the USICE agents to go to Milwaukee County Court Chief Judge Carl Ashley's office in regards to their presence at the courthouse.
Chief Judge Ashley's office made a copy of the alleged USICE agents warrant. But, Milwaukee County Circuit Court Judge Marisabel Cabrera says in an email to other judges that she believed it was a USICE administrative warrant, which are not legal binding to arrest individuals in private property including the Milwaukee County Court House. Only judicial warrants signed by a federal judge are legal binding to arrest individuals in private property including the Milwaukee County Court House and its hallways.
According to O'Donnell, he said during his radio show broadcast that Milwaukee County Circuit Court Judge Dugan allegedly allowed an undocumented individual sought by USICE agents to take refuge in the jury room to avoid arrest.
O'Donnell claims that the FBI is investigating Judge Dugan's alleged act to allow an undocumented individual take refuge in the court jury room to avoid being arrested by USICE agents who didn't show a warrant to Judge Dugan.
State Rep. Donovan published a press release alleging obstruction of justice by Milwaukee County judge. It seems, Donovan also doesn't know the difference between a USICE administrative warrant and a judicial warrant signed by a federal judge, or Donovan didn't have all the facts before releasing his press release.
If in fact, USICE agents had an administrative warrant, then any judge can refuse the agents to arrest an individual at the court house, since the USICE administrative warrants are not legal binding to arrest someone inside a building, court house and private property.
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