Voces, sheriff spar over documents

Rights group seeks immigration records

A judge heard arguments Wednesday in an open records lawsuit filed by an immigrant and worker rights group against Sheriff David A. Clarke Jr.

Voces de la Frontera sued Clarke last month, claiming his office had not complied with a Feb. 5 request for copies of forms submitted by federal Immigration and Customs Enforcement, or ICE. The forms, known as I-247s, ask local jails to hold some prisoners otherwise set for release an extra 48 hours over possible immigration violations.

Voces has long called for Clarke to stop cooperating with the Secure Communities program, which critics say led to the improper deportation of many immigrants. The Milwaukee County Board in 2012 passed a resolution in favor of retreating from the program, except when subjects committed serious crimes, but Clarke chose not to adopt it.

In November, President Barack Obama issued an executive order on immigration that further narrowed the program.

Voces director Christine Neumann-ortiz testified Wednesday that the records are critical to her group’s effort to monitor Clarke’s compliance with the new rules.

According to court records, the sheriff’s office initially responded that it would take about four hours and cost $300 to get the requested records, and Voces paid the fee March 11.

But by late March, the sheriff’s office was telling Voces it had not found any requested records and wasn’t sure how long it would take to complete the request.

Voces accused the sheriff’s office of unreasonable delay and warned it would sue, prompting a sheriff’s office email saying it had now found the records but wanted to get ICE’S opinion on their release, which could take another week.

Voces sued April 1. At a hearing the next day, Circuit Judge David Borowski ordered the records produced. That day the sheriff turned over a dozen of the detainer requests, but with many bits of information blacked out. The forms covered the period from Nov. 20 to March 31.

Wednesday’s hearing was on Voces’ demand that Clarke provide unredacted versions of the records, and for an order that the sheriff’s office pay Voces’ costs of bringing the lawsuit.

County Corporation Counsel Paul Bargren argued that the redacted forms still provide Voces enough information and said the censored information, such as the person’s “A number” and immigration history, could lead to fraud and identity theft if released.

Sheriff’s Capt. Catherine Trimboli testified she redacted the information because ICE asked her to and that she didn’t know the function of some of the blacked out data.

Voces’ attorney, Peter Earle, argued that records are presumed open and that the sheriff had failed to show an interest in secrecy that outweighs the greater public interest in monitoring compliance with new rules about deportation.

Borowski said he would issue a decision June 3.