Milwaukee County Courthouse ICE arrests raise justice concerns

MILWAUKEE - Milwaukee's chief judge and local immigration attorneys are warning of damage to the justice system after recent U.S. Immigration and Customs Enforcement (ICE) arrests.

Recent arrests

What we know:

ICE arrested two people at the Milwaukee County Courthouse Complex, the sheriff's office said on Friday, April 4.

FOX6 News obtained an email that Milwaukee County Chief Justice Carl Ashley sent, which noted "the first incident" happened on March 20 after an injunction hearing. It also said both arrests happened in public hallways. A second person was later detained in the safety building prior to the defendant’s hearing.

The MCSO said it was given a heads-up on the first arrest, but did not participate in either. They noted it's common for local, state and federal agencies to see when and where a person might be appearing.

There's now concern about how this will affect future court cases.

Voicing concern

What they're saying:

Judge Ashley provided the following statement, noting arrests would have a chilling effect on access to justice, erode trust in the system and create confusion:

"[ICE] agents detaining individuals within the courthouse complex pose significant concerns regarding the integrity and impartiality of the judicial system. Courthouses are traditionally places where individuals can seek justice and legal recourse without fear of retribution or apprehension. The following points highlight the issues at stake:

1. Chilling Effect on Access to Justice: The presence of ICE agents can deter individuals, particularly immigrants and marginalized communities, from attending court hearings, seeking legal assistance, or reporting crimes. This undermines the fundamental right to access the courts and seek legal remedies.

2. Erosion of Trust in the Judicial System: When individuals perceive courthouses as unsafe due to the fear of detention, trust in the judicial system erodes. This can lead to a reluctance to engage with law enforcement, legal representation, and the courts, ultimately hindering the administration of justice.

3. Confusion over Legal Protections: Many individuals may not be aware of their rights or the protections afforded to them within the courthouse. The presence of ICE can create confusion and misinformation, impacting their ability to navigate the legal system effectively.

In summary, allowing ICE agents to operate within courthouse complexes has the potential to significantly damage the integrity of the court system. It undermines the principles of justice, fairness, and equality before the law, and ultimately jeopardizes the rights of individuals seeking to navigate the legal process. Courts must remain safe havens for all individuals, free from the threats of immigration enforcement."

FOX6 News reached out to immigration attorneys, who said these detentions were common after the 9/11 attacks, but have been rare since.

Attorneys said if these arrests continue, it could mean eyewitnesses to serious crimes may not wish to testify.

Last week, Forward Latino President Darryl Morin said the arrests would only drive people further into the shadows and discourage cooperation with the justice system.

"If everyone begins to feel as if a county courthouse is not a safe space, that'll have a negative impact," Morin said. "Our justice system is at the very bedrock of so much of our democracy and of our country. We know that it's essential that everyone feels safe, regardless of immigration status, to participate in our judicial system."

The other side:

Meanwhile, Republican lawmakers, like U.S. Rep. Tom Tiffany (R-Wisconsin) said these kinds of arrests keep communities safe.

He provided the following statement:

"Americans expect the Trump administration to enforce our immigration laws and keep our neighborhoods safe, and that's exactly what they are doing. ICE will deport illegal aliens wherever they are located to help ensure the security of our communities."

ACLU of Wisconsin responds

What we don't know:

FOX6 News reached out to ICE for more information on these arrests, but has not heard back.

ImmigrationMilwaukeeCrime and Public SafetyNews