It’s been reported that over the past week, ICE and immigration enforcement have made close to 40 arrests in Milwaukee — a number that continues to rise.
Milwaukee Police have confirmed ICE’s presence but have not said how long they’ll be here. President Trump has said that he wants to push for more mass deportations and to cut illegal immigration.
"We are getting an absolute flood of phone calls with folks just asking what they can do to protect themselves and their families," said Milwaukee Immigration Attorney Melissa Soberalski. "We have also had three reported incidents where clients have actually encountered ICE. Two, unfortunately, are in detention at the moment, and one of which was able to be released within 10 minutes."
Here's Soberalski's conversation with WUWM’s Jimmy Gutierrez. Scroll down for more safety tips for dealing with immigration enforcement officers.
This conversation has been edited for length and clarity.
Jimmy Gutierrez: The latest reporting is saying that ICE swept up about 39 people in custody right now. Can we talk about what your client [who was released] knew or did that the others maybe did not?
Melissa Soberalski: So he has a pending case, and he was able to show proof that that case is pending. He also immediately remembers to remain silent, not provide any additional information about himself or even the case, just, “here's my receipts.” And then the other thing is, he refused to sign any documents.
If someone finds themself in a similar situation, what can they do to stay safe and maybe out of detention?
If they do have a pending case, make sure they're carrying a copy of those receipts or documents showing that they have a pending case, or they currently have a status showing that can hopefully prevent them fast-tracking your deportation and eliminating your ability to go before an immigration judge.
Remain silent, refuse to sign any documents, especially if you have status. One sort of nasty thing that I haven't necessarily seen happening here with this latest sweep, but oftentimes ICE or CBP will push or pressure folks into signing things that will give up their ability to go before an immigration judge or even relinquish their current status.
And then remember that if you are in a car, don't consent to a search. If you are in a home or any kind of building where you can prevent them from entering, make sure that you're requesting a judicially signed warrant, not just one of their regular DHS documents saying that they're looking for an individual. Get that judicial warrant. Confirm that they have it. If they don't, don't allow them into that space.
And then I think the biggest thing folks can do is have some sort of family safety plan established. Do you have all your documents in order? Go through the different scenarios if mom, dad, other family members — if they are detained. What is the game plan for those individuals? Have you consulted an attorney about perhaps getting a power of attorney document developed to address both your financial and custodial concerns?
Two months ago, the city council passed the "ICE Out" package. One of the biggest pieces that folks pushed for is that when ICE returns to Milwaukee, in any kind of sweep, they're not allowed to wear their face masks. So what do we know about ICE's behavior and how legal everything is that's happening right now?
It looks like violations will carry a municipal forfeiture of $5,000 to $10,000 fines. So it sounds like it would have some financial consequences for those officers that are not complying. The city attorney said that it was legally defensible, so that looks promising.
However, we have heard directly in memos and public statements that ICE has already said they don't care about some of these municipal ordinances and they're not going to comply. So we'll have to see if any of the city enforcement is going to actually play out and how that might play out.
WUWM’s resource guide for interactions with ICE and immigration enforcement
How can you identify ICE?
Immigration and Customs Enforcement (ICE) agents wear masks. According to ice.gov, officers conceal their identities to prevent doxing, but are required to carry badges and credentials. According to the National Immigrant Justice Center (NIJC), immigration officers often identify themselves as police “but they are not police.” The Immigrant Defense Project has information on how to identify and report on instances where ICE acts as local law enforcement.
NIJC suggests asking agents if they’re from ICE or Customs and Border Protection (CBP). If you want to verify an agent’s identity, ask for their name, badge number and agency.
What should you do if ICE approaches you?
At your residence, do not let immigration agents or police inside without a judicial warrant. According to the American Immigration Lawyers Association (AILA), all people living in the U.S., including undocumented immigrants, have certain U.S. Constitutional rights. According to AILA:
- You do not have to open the door unless ICE agents have a judicial warrant. If agents say they have a search warrant, you should ask them to slide it under a door or hold it up to a window.
- Do not show any false documents and do not lie.
- You have the right to remain silent and if choosing to do so should say “I choose to remain silent.”
- You have a right to speak to a lawyer.
- AILA provides a printable know-your-rights card.
According to the Immigrant Defense Project, it is illegal for ICE agents to approach people and ask for their documents solely based on their appearance, accent or spoken language. For arrests and deportations, ICE uses two types of civil administrative warrants. These warrants do not allow ICE to enter a home without consent and are issued by an authorized immigration officer, not a judge.
According to the ICE website, Form I-200 warrants authorize ICE to arrest people suspected of violating immigration law. Form I-205 warrants authorize ICE to deport them.
If ICE agents ask about your immigration status, the American Civil Liberties Union suggests staying calm and keeping your hands visible, even if you believe your rights are being violated. You have the right to remain silent. However, in some states, including Wisconsin, you are required to provide your name to law enforcement during temporary questioning without arrest. If you’re driving, pull over and show your license, vehicle registration and proof of insurance. You are not required to answer questions about your immigration status.
If you are a U.S. citizen or have lawful immigration status, the NIJC recommends showing your passport, legal permanent resident card, work permit, or other documentation of your status.
How can you safely record ICE operations and responsibly use the footage?
According to the Electronic Frontier Foundation (EFF), filming ICE agents “helps promote transparency and accountability for a system that often relies on intimidation and secrecy.” EFF’s guidelines are:
- You have the right to record law enforcement officers exercising their official duties in public.
- Stay calm and courteous.
- Do not interfere with law enforcement. If you are a bystander, stand at a safe distance from the scene that you are recording. But note that officers may approach and confront you, closing that distance in an effort to accuse you of interfering with and possibly also assaulting a federal officer.
- You may take photos or record video and/or audio.
- Law enforcement cannot order you to move because you are recording, but they may order you to move for public safety reasons even if you are recording.
- Law enforcement may not search your cell phone or other device without a warrant based on probable cause from a judge, even if you are under arrest. Thus, you may refuse a request from an officer to review or delete what you recorded. You also may refuse to unlock your phone or provide your passcode.
- Despite reasonably exercising your First Amendment rights, law enforcement officers may illegally retaliate against you in a number of ways including with arrest, destruction of your device, and bodily harm. They may also try to retaliate by harming the person being arrested. We urge you to remain alert and mindful about this possibility.
- Consider the sensitive nature of recording in the context of an ICE arrest. The person being arrested or their loved ones may be concerned about exposing their immigration status, so think about obtaining consent or blurring out faces in any version you publish to focus on ICE’s conduct (while still retaining the original video).
After capturing footage, you should first share it with the person or the family of the person arrested or harassed by an immigration agent so they can decide how it’s used, according to WITNESS. WITNESS suggests considering the following questions before uploading or publicly sharing footage:
- Why am I sharing this video?
- When should I share this video?
- Are there any identities I need to protect including my own?
- Do I want my name associated with the footage?
- How can I make my video easier to find and verify?
- Should I livestream?
- How do I prevent my content from being taken down?
- How do I protect my footage?
Milwaukee Turners recommends recording without unlocking your phone to prevent officers from accessing it and locking your phone between recordings to protect what’s been recorded.
