Undocumented De la Cruz-Espinosa who became a victim of a frivolous charge by Milwaukee police officers from Police District Station 2 in September was released from U.S. ICE custody after posting bond.
By H. Nelson Goodson
Hispanic News Network U.S.A.
December 11, 2019
Milwaukee, Wisconsin - On Wednesday, Jose Alejandro De la Cruz-Espinosa, 38, was released from U.S. Immigration and Customs Enforcement (ICE) custody after posting a $4,000 cash bond. De la Cruz-Espinosa has a deportation hearing case pending after he was taken into custody on September 23, 2019 by Milwaukee police officers for a frivolous traffic violation charged, but the officers failed to process him for the state violation and turned him over to rogue ICE agents at the scene who only had a federal civil ICE administrative warrant for his arrest. De la Cruz-Espinosa was on Wisconsin state probation for a misdemeanor conceal carry conviction when he was arrested by police.
A video released by Voces de la Frontera showed that police officers at the scene when they detained De la Cruz-Espinosa didn't have a valid legal warrant signed by a court judge, but called his Wisconsin Department of Corrections probation agent Minerva Santiago-Gomez to revoke his probation and take him into custody for a frivolous charge and he was never processed for the charge by police. The Wisconsin Department of Corrections and his probation officer never challenged Milwaukee police for not processing De la Cruz-Espinosa for the frivolous charge, but De la Cruz-Espinosa who was freed today on an ICE bond will now continue to serve his state probation for the misdemeanor conceal carry conviction.
The De la Cruz-Espinosa family confirmed on Wednesday that they are seeking legal action against the Milwaukee Police Department and the City of Milwaukee for violating De la Cruz-Espinosa's legal right for due process including his wife's and children rights that were violated by police as well.
In October, Milwaukee Police Alfonso Morales confirmed during a Milwaukee Fire and Police Commission hearing that police officers were assisting ICE agents in making an arrest with an active federal warrant, but what Chief Morales failed to mention was that it is not a legal warrant signed by a federal or state court judge and the warrant that he was talking about was merely an ICE administrative warrant signed by an ICE agent used in federal immigration civil matters.
As it stands, Chief Morales, the Milwaukee Police Department and the City of Milwaukee will be facing a federal lawsuit by the De la Cruz-Espinosa family.
According to U.S. ICE, "Under the Immigration and Nationality Act as passed by Congress, ICE detainers, removal orders issued by federal immigration judges, and ICE immigration enforcement in general, is conducted under civil law. The "judicial warrant" demanded by a sheriff (police) only applies to criminal cases and does not exist for civil law matters. "However, for every detainer ICE issues the agency also provides an accompanying administrative warrant, or a warrant of removal along with the detainer, which is the warrant that does exist for matters governed under civil law." The ICE warrants are not legal binding to enter private property to arrest a suspected undocumented individual or a vehicle, which is private property as well, but ICE attempts to deceit the public by making it seem that ICE administrative warrants are legal to execute on private property and force a Sheriff's Department or Police Department to turn over an individual. Law enforcement agencies do neglect to honor such ICE detainers and administrative warrants to avoid being liable by an individual due to the non legal binding ICE warrants and detainers.
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