MILWAUKEE COUNTY

Milwaukee Fire and Police commissioner slams immigration changes as unnecessary, adopted in secret

Milwaukee Journal Sentinel

An immigration attorney who sits on the civilian board charged with overseeing the Milwaukee Police Department ripped recent changes to department policy, arguing the new rules make city officers “immigration agents without the formal deputizing.”

Marisabel Cabrera, one of seven members of the Milwaukee Fire and Police Commission, vented her frustration Wednesday, the same day immigrant rights groups rallied at City Hall and Mayor Tom Barrett insisted his position on immigration enforcement hasn't changed.

The commission is one of the oldest and most powerful police oversight boards in the country. It is responsible for overseeing and prescribing general policies, standards and rules in the city’s Fire and Police Departments, among other duties.

But this most recent change to Police Department policy — which critics say will make it easier for officers to work with federal immigration agents and possibly lead to racial profiling — was not discussed publicly before the commission.

“This entire process has been intentionally secretive and undemocratic and completely undermines the (commission’s) statutorily granted powers,” Cabrera said in an email.

“On top of that, it was an unnecessary and borderline malicious exercise as the (policy) was never out of compliance.”

It appears the policy changes came at the request of the city attorney’s office, which told the commission during closed session the existing policy "did not comply" with federal law and federal grants might be at risk. Cabrera said she insisted to city attorneys the existing policy did comply and expressed her concern with any proposed changes.

Commission members were assured they would get a chance to review the policy revisions, but then last week were told the city attorney had already signed off on the changes and apparently so did Commission Chairman Steven DeVougas, Cabrera said.

Cabrera said she is left with a “pile of unanswered questions,” including what commission rule gives unilateral authority to the chairman to approve policy revisions.

The commission as a whole has requested a written legal opinion from the city attorney's office explaining why the changes were necessary and what changes to the policy "made it compliant," according to MaryNell Regan, the commission’s executive director.

Since the changes were made public on Monday, police officials have not commented.

Those who rallied at City Hall Wednesday called on the commission to revoke the changes and instead have a public hearing on the policy. The commission’s next regularly scheduled meeting is July 13.

The policy changes, set to take effect Thursday, eliminate a directive that officers were not to question any person about his or her immigration status unless the person met a narrow list of criteria.

One change states that officers "shall inform" federal immigration officials of the whereabouts or behaviors of any "suspected illegal immigrant" when that person is arrested for a felony or other serious crimes, such as those involving terrorism or street gangs.

The police procedures would still say that department members shall not request passports, visas, "green cards" or other documents relating to a person's immigration status.

Christine Neumann-Ortiz, the executive director of Voces de la Frontera, argued Milwaukee officials are weakening safeguards for immigrants and making it easier for the Milwaukee Police Department to work with federal immigration agents. She and others warned the changes could lead to racial profiling.

Jeff Fleming, a spokesman for the mayor, has insisted the alterations to police rules were "technical changes."

"The city's policy has been and will continue to be that it does not enforce immigration laws," Fleming said Wednesday.

"Milwaukee police officers will not ask for documentation that may reveal immigration status during police operations," he said. "But as is current practice, individuals involved in serious criminal matters which include felonies, gun crimes, criminal gang activity or terrorism will be referred to the proper authorities."

But those at the rally were not convinced, and again accused the Barrett administration of caving in to pressure from President Donald Trump's administration and quietly expanding cooperation with immigration officials.

The changes were not needed because Milwaukee is not a sanctuary city and already cooperates with immigration officials at all levels, said Darryl Morin of the League of United Latin American Citizens.

Morin and Neumann-Ortiz said they felt betrayed by Barrett, and repeated concerns that the changes occurred largely out of view of the public.

Ald. José Pérez slammed the process and the changes, saying they created distrust that would make the city less safe.