Federal Immigration Operations in the City of Milwaukee:
Your Rights and City Services
Answer some of the most common questions asked about how the City of Milwaukee supports your rights and what legal obligations we have in our interactions with the federal government. This is not legal advice. For legal advice please contact a lawyer. We also have included a link that will direct you to a resource page which identifies organizations and resources that can further assist you.
1) What is the City of Milwaukee’s plan to prepare for the possibility of increased federal immigration enforcement activities in Milwaukee?
Mayor Johnson is working closely with other public officials and local leaders, including Common Council members, the Chief of Police, the Fire Chief, the County Executive, emergency management leaders, and community leaders to do as much planning as is possible.
At this point, we have no specific information about a possible increase in federal ICE enforcement action, and our planning activities are ongoing. That includes an internal rapid response team that is set to act as necessary. All city employees have been given instructions regarding interactions with federal immigration enforcement officials.
Mayor Johnson is prioritizing maintaining public safety and protecting the legal rights of people in our community.
2) Can the City of Milwaukee prevent federal agents from operating in Milwaukee?
While Mayor Johnson opposes the excessive and unconstrained federal operations that a number of cities have been subjected to, there is no legal, or practical way for the City of Milwaukee to prevent federal agents from operating in Milwaukee. Any limitations on federal activities are in the hands of the federal courts.
3) What is the City of Milwaukee and the Milwaukee Police Department Standard Operating Procedure for interacting with federal agents?
The Milwaukee Police Department Standard Operating Procedure 130 outlines circumstances and procedures for MPD interactions with federal agents on issues involving non-US citizens. The policy explicitly states that enforcement of the country’s immigration laws is the responsibility of the federal government and not MPD. MPD does not and will not assist with immigration enforcement actions, unless it involves terrorism, transnational criminal street gang activity, a violent felony, a sexual offense involving a minor as a victim, a previously deported felon or a serious felony which demonstrates the subject is a safety threat to the population at large.
4) How will the City and MPD protect peaceful protesters?
Mayor Johnson is prioritizing maintaining public safety and protecting the legal rights of people in our community.
The Milwaukee Police Department’s (MPD) Standard Operating Procedure 910 emphasize MPD’s duty to protect the public’s rights of assembly and free speech, and to manage crowds to prevent loss of life, injury, and property damage. MPD officers are specially trained in de-escalation.
All frontline MPD officers are equipped with body worn cameras to document their activities. MPD Officers are required by policy to activate their body worn cameras during any call for service, including those where they would encounter other law enforcement agencies. MPD Chief Norman sent out a reminder to all members about this activation, and that a best practice is to ensure body worn camera activation during encounters involving other agencies.
5) Can the Milwaukee Police Department arrest federal agents?
The Milwaukee Police Department cannot arrest federal agents for actions taken in their official capacities.
6) How do I identify Milwaukee Police Department officers and personnel?
The Milwaukee Police Department created a video describing how to identify MPD officials. The video is available in both English and Spanish.
Here are some tips for identifying MPD officials:
- All officers are required to have their names, or identifying numbers clearly displayed on their uniforms. They must also have their badge and MPD identification card on their person. You can ask MPD members to identify themselves. MPD officers must provide their identifying information to the public if asked.
- You can ask MPD members to have a supervisor respond to the scene.
- You can call the MPD non-emergency number at (414) 933-4444 to verify if an officer is at a location.
7) What are the City’s responsibilities related to sensitive records, like health and medical records?
City employees have a duty to protect confidential data and information maintained in City facilities. Law enforcement officials, including federal agents, must have a judicial warrant (signed by a judge based on probable cause) to enter restricted City areas (areas that are marked for employees only or badge-protected), or access sensitive records. ICE “Administrative Warrants” not signed by a judge are not valid for accessing restricted areas.