Immigrant farm workers harvest broccoli on March 16, 2006, near the border town of San Luis, south of Yuma, Arizona. (Photo by David McNew/Getty Images)

WASHINGTON —  A top Republican on the U.S. Senate Judiciary Committee said Tuesday that when President-elect Donald Trump takes office and the GOP takes control of the Senate, lawmakers’ first priority will be to pass a border security package through a complex process known as budget reconciliation.

Trump has promised his base his administration will enact mass deportations of people living in the country illegally. South Carolina Sen. Lindsey Graham said at a Judiciary hearing that Senate Republicans will focus on increasing beds at detention centers, hiring Immigration and Customs Enforcement agents and purchasing technology for enforcement at the southern border.

“It is our belief that the only way you’ll get control of the border is for deportations to start early,” he said. “If we do not have outflow, the inflow will continue.”

However, a senior fellow at the pro-immigration think tank the American Immigration Council, Aaron Reichlin-Melnick, told the panel the endeavor will be expensive.

Carrying out mass deportations of 1 million people would cost about $88 billion a year for arrests, detainment and removal, he said. About 13 million people are living in the United States illegally.

Fixing a broken system

The committee hearing, led by Democrats who control the Senate now but will be in the minority next year, explored the ramifications of the Trump campaign promise of mass deportations.

“Instead of mass deportations, mass accountability,” said the chair of the committee, Sen. Dick Durbin of Illinois. “Let’s fix our broken immigration system in a way that protects our country and honors our heritage as a nation of immigrants.”

The budget reconciliation process cited by Graham that would be used to pass border security legislation, if successful, would allow Republicans to get around the 60-vote filibuster in the Senate.

Reconciliation is generally used when one party controls the House, Senate and the White House, because it only requires a majority vote in each chamber.

Graham added that Republicans will also prevent those people who were paroled into the country through executive authority from employing another avenue for legal immigration status. The GOP has been critical of programs that allow certain nationals from Haiti, Nicaragua, Cuba and Venezuela to temporarily work and live in the United States.

“So if you’re here illegally, get ready to leave,” Graham said.

DACA program

One of the hearing witnesses, Foday Turay, is in the Deferred Action for Childhood Arrivals program, or DACA, which is awaiting a federal court ruling on its legality after the Trump administration tried to end it.

Separately, on Monday, a federal court blocked the implementation of a final rule from the Biden administration to allow DACA recipients to have health care access under the Affordable Care Act. 

About 500,000 people are in the program, which is aimed at protecting children brought into the country without authorization from deportation. It also allows them to obtain work permits.

Turay is an assistant district attorney in the Philadelphia District Attorney’s Office, and said if he were deported it would devastate his family, as he is the primary income earner in his household.

He said his wife, a U.S. citizen, is the primary caretaker of her mother, a person with disabilities who is undergoing cancer treatments. Additionally, Turay said he would have to leave his son behind if he is deported.

Another witness, Patty Morin of Aberdeen, Maryland, told how her daughter, Rachel, was killed. The suspect, who was charged with first-degree murder and sexual assault, was in the country illegally and had a prior criminal record.

Durbin said Democrats are not opposed to ICE carrying out its duties to deport those with criminal records and stressed that Trump’s plans for mass deportations extend beyond that group and would include people like Turay.

“This man for a living is prosecuting criminals,” Durbin said of Turay. “This other individual is a clear criminal with a record. When we say ‘mass deportation,’ should we consider them the same because they’re both undocumented?”

Graham said when it comes to DACA, “hopefully we can find a solution to that problem.”

Over the weekend, Trump expressed his support for coming to an agreement with Democrats to allow DACA recipients to remain in the country, despite trying to end the program during his first term.

Use of National Guard

Durbin said he is concerned about Trump’s comments about using the National Guard to carry out mass deportations.

One of the witnesses, Randy Manner, a retired major general in the U.S. Army, said he sees problems with using the military for mass deportations.

It could affect military readiness, he said, and the military is not trained in that capacity.

“Immigration enforcement is the responsibility of federal law enforcement agencies,” Manner said.

He added that having soldiers carry out that directive would have a negative impact on morale and recruiting. Manner also said having the U.S. military involved in that kind of political messaging would erode public trust.

Cost of mass deportations

Minnesota Democratic Sen. Amy Klobuchar said not only would mass deportations be harmful to communities, but a financial strain as well.

Reichlin-Melnick said industries that would be hit particularly hard by losing employees would include construction, agriculture and hospitality.

Reichlin-Melnick also argued that ICE already focuses on arresting and conducting deportation proceedings for noncitizens with criminal records.

“The overwhelming majority of people who would be the target of a mass deportation campaign do not have criminal records,” he said. “They are people who have been living otherwise law-abiding lives in this country, living, working and, in many cases, paying taxes.”

Tennessee Republican Sen. Marsha Blackburn suggested that local law enforcement should be empowered to carry out deportations, even though immigration enforcement is a federal issue.

Art Arthur, a resident fellow in law and policy at the Center for Immigration Studies, a group that advocates for sharply limiting immigration, supported that idea.

“They’re going to be the people who are best able to pull those individuals out of the community,” Arthur said of local law enforcement.

The Wisconsin State Capitol reflected in the glass windows of Park Bank on the Capitol Square in Madison. (Wisconsin Examiner photo)

Candidates for some districts of the Wisconsin State Legislature on the eastern side of the state recently shared their positions on criminal justice issues. Their stances varied, even among candidates of the same political party. 

Two advocacy organizations, JOSHUA and the League of Women Voters, conducted interviews with the candidates. Another group, SOPHIA, held a candidate forum for Assembly candidates for the 13th, 15th and 82nd districts. The events addressed criminal justice and housing, among other issues.

David Liners, executive director of the statewide network that includes both JOSHUA and SOPHIA, said he wants to expand the group of people who are willing to hold their decision makers accountable on this issue.

“[We believe part of our mission] is to make sure that the people who are not directly impacted by the criminal legal system understand and feel what’s being done,” Liners said. “Partly because what’s being done in our prisons is being done with our money, but it’s being done in our name.” 

Both events covered the controversial Green Bay and Waupun prisons. A former Waupun warden and eight members of his staff were charged with crimes related to the treatment of incarcerated people, the Examiner reported in early June. The Examiner reported on life at GBCI in August. State lawmakers have heard testimony alleging problems in Wisconsin prisons at committee hearings. 

No Republicans attended the forum or provided an interview, but the Examiner received responses from four candidates who didn’t attend the events.

SOPHIA forum addresses electronic monitoring, Truth in Sentencing, juvenile justice 

Sarah Harrison, a Democrat running for the 15th Assembly District, expressed support for the practice of electronic monitoring in the community over maintaining the current number of people behind bars in Wisconsin facilities. Kevin Reilly, Democrat candidate for the 82nd Assembly District, also supported electronic monitoring. 

Harrison said she thinks “we need to find ways to get people into programs where they can continue being part of the community.” 

Reilly’s opponent, Rep. Scott Allen (R-Waukesha), currently represents the 97th Assembly District, but he has been redistricted into the 82nd. 

Allen told the Examiner that electronic monitoring is a tool for our courts to use, but he expressed some reservations. He said he’s been told that clever individuals have determined ways to remove the device at will. 

Allen said it seems electronic monitoring should only be used only on people who do not pose a threat to society. 

“This tool is not a panacea to the problem of overcrowding in our prisons,” Allen said. 

Reilly and Harrison expressed support for juvenile justice reform. Harrison said she supports legislation that would keep underage offenders from being tried as adults “except in some sort of extraordinary circumstances.” She instead pointed to diversion programs, counseling and drug treatment programs. 

Allen said charging minors as adults should be “rare.” He said it is “reserved for the most heinous of crimes.” 

“Charging minors as adults ought to be rare, but it should remain an option if we are going to remain mindful of the importance of public safety,” Allen said.

Candidates at the forum also discussed the elimination of parole for certain crimes under a “Truth in Sentencing” law in Wisconsin. 

Harrison wasn’t familiar with the two-decade-old law when asked a question during the forum. After hearing others talk about it, she said she would support repealing it. Reilly criticized the law.

“It’s one of those scare things that certain people are putting out there, along with several other legislations that make it difficult for the people that are really working hard to change their lives, to move forward and get out of prison… it’s one of a number of different laws that have demonized, basically, the criminal justice system,” Reilly said. 

Allen didn’t rule out reforming parole restrictions in Wisconsin. He said “our number one goal should remain public safety” and “any and all reforms should be viewed through that lens.” 

“Constituents have described to me a lack of incentive for good behavior and reform for the residents in our Department of Corrections facilities,” Allen said. “I’ve been told that there is a certain blackmail culture that allows for intimidation to occur amongst the prison population. I’m not certain what reforms would make sense at this point in time, but a comprehensive review of current practices would help.”

The Wisconsin Department of Corrections (DOC) has been in negotiations with a third party, Falcon Correctional and Community Services, to conduct a review of DOC policies and procedures and offer recommendations.

Candidates respond to scrutiny of troubled prisons 

Candidates gave a variety of answers when asked about the Green Bay and Waupun prisons. 

Democrat Amaad Rivera-Wagner is running for the 90th Assembly District, which covers central Green Bay and is a likely Democratic seat, Wisconsin Watch reported. He spoke about housing people  who’ve committed crimes, creating room and space elsewhere before getting rid of GBCI and carrying out criminal justice reform, such as bail reform and legalization of marijuana. 

“I think that people in Green Bay and the Legislature can walk and chew gum at the same time,” Rivera-Wagner said. “…And we’ve seen how overcrowding at this prison has caused problems…We’ve seen the staffing there to be less than 80% full. And so we need to do something to reform that immediately.”

The current vacancy rate at GBCI for correctional officers and sergeants is 11.6%, according to DOC data. 

In a letter in May published by Fox 11, Wisconsin Gov. Tony Evers said any plan to close GBCI “must be comprehensive and considered holistically based on the needs of Wisconsin’s adult corrections program.” He also said a new facility would not realistically be able to start accommodating incarcerated people in this decade. 

Evers said there must be “a serious conversation about criminal justice reform in Wisconsin” and a meaningful effort to find consensus on “evidence-based, science-driven measures” to reduce the number of people in Wisconsin prisons, focusing on treatment and rehabilitation. 

“Any conversation about closing GBCI must begin there,” Evers said.

Jessica Henderson, Rivera-Wagner’s Republican opponent, told the Examiner she supports closing the Green Bay and Waupun facilities “as long as it does not mean releasing violent offenders into the community.”

Henderson said there is a lack of mental health services that can lead to more people being incarcerated. She said from her experience, access to mental health care reduces incarceration. Decreasing the prison population would eliminate the need to keep Green Bay and Waupun operating, she said. 

Democrat Jamie Wall is running for Senate District 30, which covers the metropolitan Green Bay region and is a toss-up, Wisconsin Watch reported. He said closing the prisons requires determining what should happen with the incarcerated people living there, which means looking at what the prison and criminal justice systems should look like. He promoted increasing alcohol and drug treatment for nonviolent offenders. 

“Now unfortunately in Madison, all of that has been bolloxed up in partisanship,” Wall said. “And I think my opponent would contribute to that.” 

Wall’s opponent, Jim Rafter, categorized the people incarcerated in Waupun and GBCI into three groups: people serving life sentences, people with significant mental health needs and people who have committed serious crimes but have a chance at rehabilitation. He supports closing both prisons. 

“We need a facility that addresses these unique needs from day one, providing specialized programs and services,” Rafter said. “Since 90% of incarcerated individuals will eventually be released, it is critical that we provide the tools necessary to ensure their safe reintegration into our communities.”

Democrat Ryan Spaude is running for Assembly District 89, a toss-up district that includes Ashwaubenon and borders the Fox River to the east, Wisconsin Watch reported.

“We could probably talk about other facilities, but a maximum security prison cannot simply be shut down,” Spaude said. “It must be replaced.” 

One question from SOPHIA said in part that they believe by reducing crimeless revocations and increasing earned release programming and treatment alternatives, Wisconsin could reduce its prison population and close the two facilities without building a new one.

Reilly said Minnesota has the same demographics as Wisconsin but is “doing a phenomenally better job.” He echoed Henderson’s message on mental health.

“…A lot of people in prison are there because of addiction, they’re there because of mental health, they’re there because they might even be cognitively declined,” Reilly said. 

Reilly expressed support for closing the two prisons without building a new one. Allen told the Examiner over email that “a new prison needs to be built.” 

Rep. David Steffen (R-Green Bay) told the Examiner that the two prisons are too expensive, small and dangerous to continue operating. Replacing them with a modern facility would reduce operating and maintenance costs and provide a safer, more productive environment for staff and incarcerated people, he said. 

In a statement in April, Rep. Shae Sortwell (R-Two Rivers) said that due to Wisconsin’s budget surplus, “a plan to close GBCI and build a new prison has never had a better opportunity.”

Criminal justice was not the only topic covered by the SOPHIA forum and the interviews from JOSHUA and League of Women Voters. The candidate interviews can be viewed on LOWV’s YouTube page.

Sortwell’s office said he was unavailable and unable to comment. 

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