The recent arrest of Milwaukee County Circuit Court Judge Hannah Dugan – who is accused of obstructing a federal immigration arrest inside the Milwaukee County Courthouse – has intensified concerns over immigration enforcement and sparked questions about what rights individuals have when encountering federal agents.
Here’s what to know.
What is obstruction?
Obstruction occurs when a person prevents or makes it more difficult for an officer to perform their duty – a definition that covers a broad range of actions, said Benjamin Van Severen, a Milwaukee-based criminal defense attorney and founder of Van Severen Law Office.
Obstruction can include physically interfering with an arrest, such as refusing to comply during a traffic stop.
“Let’s say you’re in a vehicle, and law enforcement does a traffic stop and then you refuse to unlock the doors – that could be obstruction,” said Van Severen.
Obstruction also includes providing false information to law enforcement.
According to the criminal complaint, Dugan obstructed U.S. Immigration and Customs Enforcement agents by escorting the individual they intended to arrest into a nonpublic area of the courthouse after requesting the agents go to the chief judge.
A related but distinct offense from obstruction is known as harboring.
Harboring generally refers to knowingly assisting someone to remain in the United States unlawfully – typically by hiding, transporting or supporting them in order to help them avoid detention.
Knowledge and intent are critical components of the charge.
“You have to be acting with the conscious purpose of aiding their intention to remain here illegally,” said Ronald Kuby, a civil rights attorney familiar with similar cases.
“If, let’s say, Ahmed says to his neighbor, ‘Look, I need $150 to get a bus ticket to go to Canada because ICE is going to arrest me,’ it’s perfectly fine to give Ahmed that 150 bucks to go to Canada,” he said. “He may not buy that bus ticket to Canada. He may buy a bus ticket to, you know, Indianapolis, but that’s not on you.”
Different type of warrants
Understanding the difference between types of warrants is crucial in understanding immigration enforcement, particularly when it comes to where these warrants permit officers to go.
An administrative warrant permits immigration officers to arrest someone in a public place, such as a sidewalk or bus station. However, it does not allow entry into a private residence without consent.
Judicial warrants, by contrast, are signed by a judge and can authorize arrests in both public and private spaces
Despite the differences, both administrative and judicial warrants are lawful tools that permit arrests in immigration cases, Van Severen said.
However, there are different rights that can be asserted depending on the type of warrant.
If law enforcement presents an administrative warrant, people inside a private residence have the right to refuse entry.
“If it’s not signed by a judge, they can’t come into your home without permission,” said R. Timothy Muth, staff attorney with the American Civil Liberties Union, or ACLU, of Wisconsin. “Ask to see the warrant. Have them slip it under the door or show it to you at your window. Look at the signature line – does it say ‘magistrate judge’?”
Other rights
Regardless of citizenship status, everyone in the U.S. has certain constitutional protections, including the right to remain silent and to speak to an attorney.
However, if the arrest is for an immigration violation and not a criminal offense, the government does not have to provide a lawyer, explained Ruby De León, staff attorney at Voces De La Frontera, an immigrant advocacy organization in Milwaukee.
Documenting activities related to immigration enforcement, such as filming, noting names and badge numbers, is also legal so long as it does not interfere with law enforcement actions, said Muth.
Tangible steps
Voces and the ACLU advise against signing any documents without a lawyer.
If a person is not a citizen but has documentation that permits them to stay in the country – such as a green card – they are required to keep that documentation with them, Muth said.
Muth recommends carrying documentation showing continuous presence in the country for more than two years, such as a lease agreement, pay stubs or utility bill in their name.
Individuals who cannot prove they’ve been physically present in the U.S. for at least two years may be subject to expedited removal – a process that allows the U.S. Department of Homeland Security, which oversees ICE, to deport someone without a hearing before an immigration judge.
Advocates recommend ensuring documentation is current, applying for passports for U.S.-born children and pursuing citizenship or legal status if eligible, perhaps through an employer or family member.
Voces suggests completing power-of-attorney forms to prepare for potential family separation. If a person is detained or deported, these forms allow a designated individual to make medical, financial or childcare decisions on their behalf.
Forward Latino, a nonprofit organization that advocates for the civil rights of Latinos throughout the country, has created a toolkit regarding potential family separation.
Other resources
A City of Milwaukee municipal ID can serve as a form of identification for city residents who cannot get state identification.
Voces maintains a list of immigration, workers’ rights and family attorneys it deems trustworthy.
Voces also provides various workshops and clinics, including Know Your Rights training, citizenship classes and legal clinics. For citizenship classes, call (414) 236-0415 or email newamerican@vdlf.org. For other services or questions, call (414) 643-1620.
Organizations like Catholic Charities Refugee and Immigration Services, International Institute of Wisconsin and UMOS offer free or low-cost legal assistance regarding immigration and citizenship.
Immigrant Legal Resource Center provides a downloadable card listing people’s rights and protections.
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