Sometimes, its hard to know what to believe. However, this press release I posted apparently had a mistake in it. See below for more details. Looks like the Sheriff’s department erroneously let the Court Commissioner take the blame for calling ICE. IWU apologized to Commissioner Hanson (see below). But the problems remain and as a result Dane County Board Chair Scott McDonell called for a prohibition on running background checks in family court. Also below is the court commissioner’s thoughts on why he used the system he used, along with the city’s policies when it comes to dealing with ICE and immigration issues.
IWU Holds Candlelight Vigil for Immigration Justice
From: Immigrant workers Union (IWU)
29 E. Wilson St #202
Madison, WI 53703
Contact Alex Gillis 608/345-9544, Yvonne Geerts 608/335-0357The Immigrant Workers Union (IWU), in conjunction with a number of other community organizations, held a candlelight vigil at the Dane County Courthouse Monday night to bring attention to the plight of a Honduran family unjustly targeted by the federal Immigration and Customs Enforcement (ICE) agency.
Around three dozen community members and activists braved the rain on the steps of the courthouse, holding signs and candles while listening to speeches about the injustice which occurred there last week. “We are here to protest the continued cooperation between local government officials and ICE, cooperation which has led to a brutal enforcement of an unjust national immigration policy here in Dane County” said Alex Gillis of the IWU.
The basic facts of the case are as follows. Last Wednesday, a Dane County resident originally from Honduras, went to the Dane County Courthouse to fill out the paperwork necessary to change her children’s last names. While she was at the courthouse, court officials became aware that this woman had an outstanding immigration warrant from 1996.
Subsequently, someone at the courthouse notified ICE about the woman’s presence, leading to her arrest and interrogation by ICE. As a result of this interrogation, ICE then arrested the woman’s mother, and began searching the woman’s home for any information which would lead them to other undocumented individuals.
Who exactly notified ICE is still the subject of much debate. Originally, the Dane County Sherriff’s office falsely let on that Court Commissioner Jason Hanson was solely responsible for the notification. This inaccurate information is what led the IWU to originally unfairly name Mr. Hanson as the primary instigator of the notification. However, the IWU later learned that it was not the Court Commissioner which notified ICE, but rather the Bailiff, who is under the supervision of the Sheriff’s office.
“In attempting to set the record straight, the IWU would again like to apologize to Jason Hanson for the misinformation we originally received and inadvertently spread. We now know we must be far more discerning when making sense of any information obtained from the [Dane County] Sheriff’s Office” Mr. Gillis said at the rally.
Mr. Gillis then called for a full investigation into exactly what procedures did lead to the notification of ICE, and what local policies can be enacted in the future to end such cooperation. The IWU recognizes that Mr. Hanson was acting within common court practice by letting the Bailiff know about the outstanding immigration warrant. As such, the IWU echoes Dane County Board Chair Scott McDonnell’s call for a prohibition on running background checks in family court.
Others at the rally connected what happened at the courthouse last Wednesday with Dane County Sheriff David Mahoney’s ongoing policy of reporting all non-citizens taken into custody to ICE. “Last week’s egregious actions by ICE prove once again why our County officials must end all cooperation with this agency. While this case is an especially troubling example of the consequences of such cooperation, we must remember that this type of reporting goes on everyday in the Dane County Jail” said Adam Porton of Progressive Dane.Several attendees also held up signs reading “Sheriff Mahoney Has Got To Go!,” to express their displeasure with his continued cooperation with ICE and the resulting terror such cooperation has caused Dane County’s immigrant community.
Here’s a statement from an email from Court Commissioner in response to my question about his methodology of checking for warrants.
There are multiple tools and databases available. I used a system other than CCAP because I have been specifically trained in its use and because it contains information from outside of Dane County. This has, in the past, resulted in arrests on outstanding warrants from other counties and states for various offenses, including domestic violence, other crimes of violence, and weapons offenses, among other things. Upon performing the record check, I received an entry indicating a valid federal arrest warrant for the person in question and notified the Dane County Sheriff’s Office. A deputy performed the arrest.
My record search was done on all individuals on my calendar for the day, without regard to race, ethnicity, or immigration status. The database itself does not give information regarding a person’s immigration status. It merely provides information on existing restraining orders and warrants. In this case, I alerted the Sheriff’s Office to the existence of a valid federal arrest warrant, just as I would have had the database said the person was wanted for forgery in Arkansas.
I have never had a reason to ask a litigant their immigration status or otherwise investigate their status. In the course of conducting hearings in various matters, individuals have volunteered their immigration status on countless occasions. I have never done anything to report that information to anyone, except in the case of the active federal arrest warrant in this case.
fwiw, CCAP has information for the entire state, not just Dane County, but it wouldn’t have information for other states. I remain convinced McDonell is right, there is either a way to get the information they need in court without calling ICE or they can use some discretion. Additionally, I like the way the courts are using this as a way to get more money in their budget instead of looking for a more simple solution.
For those who are wondering, here’s the City’s policy:
9-600 Enforcement of Immigration Laws
The Madison Police Department recognizes the values and the diversity of the community it serves. The purpose of this policy is to provide guidance to our officers on this issue and to ensure equal protection and fairness is afforded to all persons, regardless of the immigration status.The Madison Police Department will cooperate with the Immigration and Customs Enforcement (ICE) as it would with any other law enforcement agency. However, it is the policy of this department that its officers shall not arrest or detain any person solely for a suspected violation of immigration laws, except upon request of ICE. All requests by ICE for this purpose will be directed to the Office in Charge (OIC). The OIC will immediately notify the Chief of Police or one of the Assistant Chiefs of Police for further direction. In the absence of the Chief of Police or Assistant Chiefs of Police, the senior Captain available will be notified.
Officers are required to obtain approval from their commander or the OIC prior to arresting or detaining any person solely for a suspected violation of immigration laws, even if requested by ICE.
Madison Police Officers have a responsibility to investigate and contact any person they believe is involved in suspicious activity. If on investigation probable cause to arrest exists, unrelated to the person’s immigration status, officers may effect an arrest for that specific violation.
Immigration Documents
Officers shall not ask any person to produce an Alien Registration Card (Green Car) or other immigration document except when assisting the ICE. This does not prohibit an officer from considering an Alien Registration Card as a form of identification if an individual offers it as such. Immigration documents identified as evidence ina criminal investigation may be seized according to State Statute 968.10 (Search and Seizure) and State Statute 968.11 (Search Incident to Arrest).
