Elected Officials, Civic Leaders Decry ICE Courthouse Arrests

Darryl Morin speaks at press conference at Milwaukee County Courthouse. Photo taken April 8, 2025 by Graham Kilmer.

More than a dozen elected officials, civic leaders and community activists gathered at the Milwaukee County Courthouse to decry recent arrests by federal Immigrations and Customs Enforcement (ICE) agents inside the hallways of the courthouse.

The message: the arrests are a violation of the due process rights granted to everyone in the U.S. under the constitution, they will have a chilling effect on participation in the local justice system and they are spreading fear through the local immigrant community.

“Simply being in the United States undocumented is literally a civil violation. Akin to a parking ticket, and it’s that way based on an act by Congress,” said Darryl Morin, Executive Director of Forward Latino, the organization that organized the press conference Tuesday. “Everyone, regardless of immigration status, is entitled to the protection and the rights ensured and guaranteed everyone in the US Constitution.”

Two individuals were arrested by ICE in the courthouse on March 20 and April 3, respectively. The arrests came to light on Friday April 4 after Chief Judge Carl Ashley alerted court officials that he had heard of the arrests. The chief judge recently said the arrests create “significant concerns about the integrity and the impartiality of the justice system.” The Milwaukee County Sheriff‘s Office (MCSO) has said it was tipped off by ICE that agents would be making one of the arrests.

Immigrants and undocumented persons do not just enter the courthouse as defendants, Morin said, but to access vital government services, or as a victim or witness to a crime.

“The majority of the times I’ve been in the Milwaukee County courthouses has been to support families that have been victims of acts of hate,” Morin said. “Acts of hate that have taken the lives of three individuals, acts of hate that have seen families pummeled for no reason other than the color of the skin; acts of hate that saw acid poured on another human being’s face.”

The individuals arrested by ICE had not yet been found guilty of a crime and were participating in the judicial process.

“Charges do not mean guilt right away,” said Milwaukee County Sup. Juan Miguel-Martinez. “And due process is non-negotiable.”

Due process and the right to a hearing when accused of a crime are critical to the functioning of the justice system. Many of the speakers Tuesday said immigrants and undocumented persons are less likely to participate in the system if they believe they face arrest at the courthouse.

“It’s a hallmark of the fairness of our justice system that the vast majority of people submit to it voluntarily, including those accused of crime in these hallways every day,” said Craig Mastantuono, a local criminal defense attorney. “And that’s because our system is fair and affords due process and a right to counsel to everyone accused.”

Any policy that prevents people from participating in the judicial system is “flawed” and “a solution in search of a problem,” Mastantuono said. There has been disagreement between local justice system officials and higher levels of government before, he said, “but it’s never been with a complete lack of transparency and a random manipulation of government authority like it is now.”

“And perhaps the cruelty is the point,” Mastantuono said. “Perhaps chilling the immigrant community and making them fearful is the point.”

Morin and others testified to the fear spreading in the wake of the arrests.

“[The arrests have] raised tremendous concerns in the community and escalated fear about access to the courts,” said Christine Neumann-Ortiz, executive director of Voces de la Frontera.

The arrests should not only be of concern to immigrants, Neumann-Ortiz said. “This is about a due process rights and public safety for all,” she said.

This idea was echoed by others, including Bishop Paul Erickson, who said courthouses, hospitals, schools and places of worship need to be protected spaces for everyone seeking to access them.

“If they are not safe for everyone, then they’re not safe for anyone,” he said.

The courthouse is where everyone should be able to freely bring their claims and prove their case, said Attorney Mark Thomsen. “This courthouse has to be an independent, safe place for democracy to function,” he said.

The constitution provides the right to an independent state judiciary, Thomsen said, adding “never has the need been more neccessary.” He urged local and state officials to review the legal options available to them. “Can we pass laws that limit this kind of abuse of power?”

Sup. Caroline Gómez-Tom announced that county supervisors are currently working on a resolution to create a “comprehensive plan… to keep people safe as they enter our courthouse.” Sup. Justin Bielinski said the resolution is still being drafted and will be considered at a committee hearing next week.

Milwaukee County Register of Deeds Israel Ramon announced his office would not permit ICE actions without a warrant signed by a federal judge.

State Sen. Chris Larson said he thought it was unlikely “this iteration of the state Legisature” would take any action. The senator also said actions that erode faith in the criminal justice system create cracks in the social contract.

“If they can’t go to school without fear of being picked out of their classroom, if they can’t go to their house of worship without fear of being pulled out of their congregation, and in this case, if they can’t voluntarily be part of the criminal justice system to be able to defend themselves against accusations of crimes, or taking it the next step, if they can’t come here and testify against somebody who has violated their civil rights or to bear witness to somebody else who’s been the victim of a crime, then those people suddenly are not part of the social contract in our society,” Larson said.

The press conference was disrupted at one point by a person, who appeared to be there on business in the courthouse, shouting about how they thought the U.S. Constitution does not provide any protection for people in the country illegally, only “legal Americans.”