Milwaukee would like to bar Immigration and Customs Enforcement (ICE) from staging on city-owned properties. And a new resolution, pending approval from the full Common Council and Mayor Cavalier Johnson, would do just that.
On Monday, the Council’s Steering & Rules Committee approved a resolution that “prohibits the use of City owned or controlled properties for civil immigration enforcement actions.” The resolution is the third item to be approved from a so-called “ICE Out MKE” legislative package that was announced by members of the Council in February.
Properties identified by the latest resolution include “parking lots, vacant lots, garages, public buildings, and parks.”
“Like so many Americans across the country, our city was dismayed and heartbroken to hear the aggressive actions taken by federal immigration enforcement agencies in other cities like Minneapolis and Chicago, just right next door to us,” said lead sponsor Alderperson JoCasta Zamarripa. “My colleagues and I have been implored by our constituents to prepare and do everything that we can to keep our constituents safe. […] This resolution that’s before you today prohibits the use of city properties for immigration enforcement activities.”
“We are on the right side of this, and we want to make sure that there are safe places for everybody in the City of Milwaukee,” said co-sponsor Alderwoman Marina Dimitrijevic. “I’ve been asked, ‘What is it that local government can do to stop the federal government?’ We’re going to find out everything that we can do. We cannot do everything, but we’re going to do all that we can.”
The resolution does not apply to properties leased to the City (such as the MKE Urban Stables) and makes exceptions when there is a judicial warrant “or when access is otherwise required by law.”
“For the purposes of this resolution,” the resolution reads, “‘judicial warrant’ means a warrant based on probable cause and supported by oath or affirmation, and signed by a federal or state judge or magistrate authorizing law enforcement to take a specific action, such as entry, search, or arrest.”
Zamarripa thanked several staff members for help in drafting the resolution, and thanked City Attorney Evan Goyke and Assistant City Attorney Tom Miller for reviewing it.
“I did indeed make a number of changes based on their keen insight,” Zamarripa said, “and I am confident that this file is good, ready, and able to withstand any legal scrutiny. As ACA Tom Miller conveyed to me, several other jurisdictions around the country have adopted similar legislation to what is before you here today. I would like to think we are in good company, and that we are preparing to do what we can to keep all of the people of the City of Milwaukee safe, whether they be in their homes, in their neighborhoods, on our city properties.”
Earlier in March, the full Council approved two other “ICE Out MKE” items. One was a largely symbolic resolution declaring the City’s general opposition to ICE and calling for its abolishment. The second was another largely symbolic resolution calling for the Milwaukee Police Department to “protect the rights of community members when they engage in constitutionally protected speech and assembly.” Both items were signed by Milwaukee Mayor Cavalier Johnson, though Johnson did express his misgivings with language calling for full ICE abolishment.
Separately, members of the Common Council announced in March that MPD had agreed to adopt an addition to its Uniform Standard Operating Procedure. According to a press release, the addition “explicitly prohibits the use of facial coverings for the purpose of concealing identity, marking a major transparency and accountability victory aligned with the Council’s ICE Out public safety plan.”
Here’s the full text of Monday’s city property resolution:
Analysis
This resolution prohibits the use of City owned or controlled properties for civil immigration enforcement actions.Body
Whereas, Milwaukee is committed to the principle that all people in the city can live with respect, safety, and dignity; andWhereas, Milwaukee is home to a rich and diverse population whose residents, regardless of national origin or language, contribute to the City’s economic strength, cultural vibrancy, and civic life; and
Whereas, Immigrants and their families have helped build and sustain Milwaukee’s economy, schools and neighborhoods, making essential contributions to business, public service, and community life; and
Whereas, Media reports and community accounts in other cities have documented aggressive actions by federal immigration enforcement agencies, including near schools, workplaces and places of worship, creating fear and trauma among residents; and
Whereas, Federal immigration enforcement agencies have used publicly-owned spaces to stage enforcement actions and to process people in detention; and
Whereas, Spaces being used by federal immigration enforcement agencies include parking lots, vacant lots, garages, public buildings, and parks; and
Whereas, City-owned or controlled parking lots, ramps, vacant lots, garages, and parks are not open to the general public without restrictions; and
Whereas, The City restricts access to non-public areas of City-owned or controlled buildings, which are areas that are not accessible to the general public (examples include restricted areas requiring badge access, breakrooms, workstations, storage closets, and employee-only areas); and
Whereas, For the purposes of this resolution, “civil immigration enforcement” means any investigation, arrest, detention, or surveillance conducted for the purpose of enforcing federal civil immigration laws, including but not limited to alleged violations of the Immigration and Nationality Act that are civil in nature, and any other activities, whether lawful or unlawful, that are undertaken pursuant to a claim of purported civil immigration enforcement authority; and
Whereas, Using City-owned properties for civil immigration enforcement can make residents fearful and discourage them from accessing essential services; and
Whereas, The unauthorized use of City resources, property, or personnel to facilitate civil immigration enforcement actions interferes with the City’s authority over, and its use of, its own resources, property, and personnel; and
Whereas, The U.S. Constitution limits the federal government’s power to compel state and local officials to enforce federal law; and
Whereas, The diversion of municipal resources to support civil immigration enforcement actions can be seen as an improper use of local taxpayer funds; and
Whereas, Prohibiting the use of municipal property for civil immigration enforcement actions reinforces local autonomy and prevents local resources from being used in ways that undermine public trust and safety; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that no City-owned or controlled parking lot, ramp, vacant lot, park, or garage shall be used as a staging area, processing location, or operations base for civil immigration enforcement actions; and, be it
Further Resolved, That for the purposes of this resolution, “staging area” means an area that is used to assemble, mobilize, and deploy vehicles, equipment, or materials, and related personnel, for the purpose of carrying out civil immigration enforcement operations; and, be it
Further Resolved, That non-public areas of City-owned or controlled buildings shall not be used for purposes of civil immigration enforcement except with a judicial warrant or when access is otherwise required by law; and, be it
Further Resolved, That for the purposes of this resolution, “judicial warrant” means a warrant based on probable cause and supported by oath or affirmation, and signed by a federal or state judge or magistrate authorizing law enforcement to take a specific action, such as entry, search, or arrest; and, be it
Further Resolved, That this resolution shall not apply to property that is subject to an existing lease or concession agreement to which the City is a party and is not intended to, and shall not be interpreted to, interfere with any such lease or agreement; and, be it
Further Resolved, That this resolution shall not apply to property owned by the federal government and operated by or leased to the City; and, be it
Further Resolved, That this resolution shall not be construed as restricting or interfering with the execution of court orders or judicial warrants, or the enforcement of criminal law, nor as limiting the rights of any person or entity under state or federal law.
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