Proposal would limit ICE, law enforcement staging in Milwaukee County Parks

MILWAUKEE - A new Milwaukee County proposal would block Immigration and Customs Enforcement from huddling in county parks.

And even though it's all about ICE, it doesn't use that name.

Supervisor Juan Martinez tells FOX6 he spotted ICE staging near the Mitchell Park Domes not once, but twice.

Proposed ordinance details

What we know:

This proposal would say that's not allowed, and it could mean a fine of $100.

The debate in the county board's park committee centered on ICE.

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"Why are we going to hide what we’re actually trying to accomplish, secretly and quietly?" asked Milwaukee County Supervisor Steve Taylor. "We’re going to change an ordinance, but the true intention is one organization."

Supervisor Juan Miguel Martinez revealed the intention.

"It wasn’t trying to beat around the bush. It was me trying to maintain a little bit of carefulness here and not drawing constant attention regarding ICE, and what we’re trying to do to protect our undocumented constituents," Martinez said.

There's a reason for that ambiguity.

"The intergovernmental immunity doctrine," said Milwaukee County Corporate Council Scott Brown. "Basically, to get out of legal speak: you can’t treat other units of government differently. You can’t single out ICE, which is why this was written as ‘law enforcement staging’ not ‘ICE staging’ because you can’t single out a specific law enforcement agency or unit of government."

The new Milwaukee County Board proposal says this: Law enforcement needs written authorization before staging in Milwaukee County Parks.

The proposed ordinance would still allow police to do routine patrols and respond to emergencies.

Supervisors admitted this would likely not stop ICE.

"We can’t make a promise that we can’t keep here," said Supervisor Shawn Rolland. "We’re not going to be able to keep ICE out of a county park."

So what's the point?

What we know:

"It does give us the grounds to sue later on, when they continue to defy ordinance laws of our Milwaukee County Parks," added Supervisor Martinez.

"It underscores our vision for Milwaukee County Parks," said Supervisor Anne O'Connor.

The county board's parks committee approved the proposal on a vote of six yes and one no, from Taylor.

"Let’s say they ignore it. What are the ramifications? Are they going to be sent a ticket in the mail for a fine? Is our sheriff’s department going to start arresting ICE agents in the park, because they set up a little table? If you want to self-deport, come see us?" asked Supervisor Taylor.

The Milwaukee County Sheriff's chief deputy said it doesn't normally fine people like protesters who don't get a permit, and it doesn't want a fight with other law enforcement agencies.

"Many of the local chiefs have expressed concern about this, where even some have said: then we just won’t go into the parks, which is what [County Parks] Director Smith and the sheriff’s office do not want to happen, because we rely heavily on each other to keep all 160-plus parks and parkways safe," said Milwaukee County Sheriff Chief Deputy Brian Barkow.

It next moves to the board's judiciary committee, and supervisors said they plan to make tweaks.

It would then head to the full board, and then to County Executive David Crowley.

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"I have to still look at the piece of legislation and actually go through it with our corporation council," said Crowley.