Arizona's controversial immigration law will take effect soon. It will allow police to question a person's immigration status, based solely on suspicion. Supporters say Arizona has to stop the flow of people illegally arriving from Mexico, because the federal government is not responding. Critics say the law smacks of racial profiling.
While Wisconsin does not have a similar law, immigrants rights groups want to ensure no one gets that kind of treatment here.
As WUWM's Ann-Elise Henzl reports, they're taking the issue Thursday to the Milwaukee County Board.
Christine Neumann-Ortiz says across the nation, authorities have been targeting immigrants who may be in the U.S. illegally. She says that's even happened in Wisconsin, about an hour from Milwaukee.
"There was a case where there was a brother and a sister who were at a gas station, the brother was pumping gas, he had no prior record, there was no reason for the police officer to question him and he approached him, he asked him if he had a driver's license, what his immigration status was, and then he arrested him. And that young man is facing deportation," Neumann-Ortiz says.
Neumann-Ortiz says she wants to prevent immigrants from being harassed in Milwaukee County. So her group, Voces de la Frontera, is asking the County Board to investigate the relationship between the Sheriff's Department and ICE, the U.S. Immigration and Customs Enforcement agency. The two occasionally work together on immigration issues.
"There's a lot of secrecy in the way these programs are being set up and operated. We need transparent, democratic government. We need to know when these programs were entered into, how they're being managed and what is happening," Neumann-Ortiz says.
On Thursday a County Board committee will be asked to discuss the issue. Sheriff David Clarke says there's nothing to investigate.
"In my view, this is going to be nothing more than a dog and pony show," Clarke says.
Clarke says his department does not target immigrants. First, he says immigration is a federal issue, so he does not have jurisdiction. Second, Clarke says his deputies are forbidden from stopping someone in traffic based on suspicion about their immigration status. He says there must always be a legal reason to pull someone over.
"They could have expired plates on the car, they could have a tail light out, they could have run a red light. Some traffic violation that's actually on the books. And you can pull the person over for that reason," Clarke says.
Clarke says his department coordinates with ICE, but the two do not conspire against immigrants. He says his office simply collects information about all suspects it books into the jail.
"We ask for name, date of birth, height, weight, city you were born in, where do you work. We collect biographical data not for immigration purposes, but this is what we do. Now sure, ICE will then come in and look at that biographical data and make some determinations, but that's what they do," Clarke says.
Gail Montenegro is a spokesperson for ICE.
"What typically happens is when somebody gets booked into local custody and booked into the local jail that jail will notify ICE of anyone who indicates that they are born outside of the United States," Montenegro says.
Montenegro says the federal agency may ask the sheriff's department to detain an immigrant.
"ICE then conducts records checks looks for any prior immigration history, whether that person's a fugitive or has been previously removed," Montenegro says.
Montenegro says those investigated may be taken into federal custody for potential deportation.
"Everyone is afforded due process under the immigration law and there are federal immigration courts and those judges hear the cases that are before the court and the judge makes the final determination whether to issue a removal order. Then it is ICE's responsibility to enforce that order," Montenegro says.
Montenegro says because of limited resources, her agency must prioritize. So it focuses on identifying illegal immigrants who are dangerous and have criminal records. But, she adds, anyone in the U.S. illegally is subject to being removed.
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