ICE's Milwaukee County Courthouse arrests; impact on state criminal cases
ICE arrests' impact on state criminal cases
Immigration enforcement agents sometimes arrest undocumented defendants outside Milwaukee County courtrooms. What happens to the cases that brought those defendants to court in the first place?
MILWAUKEE - As FOX6 News has reported a number of times, immigration enforcement agents sometimes arrest undocumented defendants outside Milwaukee County courtrooms.
What happens to the cases that brought those defendants to court in the first place? It is not a simple answer, but it is an important one for crime victims.
To understand this issue, we need to look at two Milwaukee cases involving two immigrants. ICE detained both of them. One has gotten his day in court, but the second?
Immigration enforcement
What we know:
Sometimes ICE detainees attend state court hearings, like former restaurant co-owner Kevin Lopez. The state charged him with sexual assault of an unconscious woman and a 14-year-old child. ICE was holding Lopez at the Dodge County Jail – and he could have stayed there if a Milwaukee County judge had not ordered ICE to bring him to state court.
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Kevin Lopez
Right now, Lopez is in the Milwaukee County Jail. Court records show a trial date set for May 27.
What they're saying:
But there are questions about whether all defendants are getting their days in state court.
"Essentially, when somebody is detained at the courthouse, let's say they have a criminal charge pending and they're taken into ICE custody. The federal authorities will refuse then to transport the individual back for their state court hearings," said Marc Christopher, immigration defense attorney.
Marc Christopher
Flores-Ruiz case
What we know:
Then there is the case of Eduardo Flores-Ruiz. A Milwaukee County judge was arrested, accused of trying to help Flores-Ruiz escape immigration enforcement.
After ICE detained him, Flores-Ruiz did not show up for his Milwaukee County court dates. That is because ICE is holding him in the Ozaukee County Jail.
Eduardo Flores Ruiz
At the federal level, Flores-Ruiz risks deportation. In state court, he risks prison on the accusation he beat up his roommates – unless he is deported first.
What they're saying:
"Number one, the individual is never able to resolve the underlying case," Christopher said. "So let's say, for example, the individual is then detained, deported back to their home country. If they ever have a path to come into the United States, they're not going to be allowed entry because they're going to have an outstanding warrant for their arrest for non-appearance."
Christopher said it has happened under Democratic and Republican administrations. But it is increasing to more minor cases under the Trump administration.
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University of Wisconsin Law Professor John Gross said he is worried victims will not get their day in court.
"When you talk about victims of domestic violence and victims of sexual assault, we have a constitutional right that we put into our constitution. A number of years ago, Marsy’s Law, that says victims have rights. They have the right to be heard. They have their right to their day in court," Gross said.
John Gross
Handling of cases
What we know:
The Milwaukee County District Attorney's Office told FOX6 News it is handling these issues on a case-by-case basis. They hope to have a standard procedure in the future.
ICE said they are going to "make thoughtful decisions in each case and do whatever is most likely to keep the American people safe." It goes on to say if a jurisdiction puts a criminal back on the street, ICE will choose deportation.
The Source: The information in this post was produced after consulting an immigration attorney and University of Wisconsin law professor.