Rapid deportation push leaves immigrant families in the dark

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- A Manitowoc County dairy farmer can’t find an attorney and has no idea where her husband is after he was among 24 people arrested by Immigration and Customs Enforcement officers in Manitowoc County on Sept. 25.
- Wisconsin immigration attorneys said they were surprised to hear that, unlike during other recent federal government shutdowns, immigration court hearings for clients not in ICE detention would continue as planned.
- Only about a third of immigrants in Wisconsin with upcoming hearings in federal immigration court have legal representation.
A Manitowoc County dairy worker arrived for her shift early on a Thursday morning in late September and waited for a message from her husband. It’s their routine, she said: rise early, commute to jobs at separate dairies and check in by phone.
“But when I called him, he didn’t answer,” she said in Spanish. “And so I was calling and calling and I said, ‘something happened, because he’s not answering – that’s not normal.’”
Her husband, Abraham Maldonado Almanza, was among the 24 people arrested by Immigration and Customs Enforcement (ICE) officers in Manitowoc County on Sept. 25. As far as she knows, officers picked Maldonado Almanza up in the Walmart parking lot where dairy workers gather to carpool hours before sunrise. Within a matter of days, he had — at least from her perspective — effectively vanished, carried away at breakneck speed by the Trump administration’s sweeping immigration crackdown.
The pace of enforcement operations, lack of transparency and sudden shifts in policy have disoriented both those targeted in the crackdown and immigration attorneys already managing overwhelming caseloads.
A Department of Homeland Security press release tied the arrests to a joint operation with the FBI, IRS and other federal law enforcement agencies targeting an alleged human and drug trafficking ring. Neither DHS nor the U.S. Attorney’s Office for the Eastern District of Wisconsin responded to inquiries about whether the investigation has resulted in criminal charges against any of those arrested last month, nor did federal district court dockets point to criminal charges resulting from the investigation as of Friday.
Over the following days, the dairy worker says she made her way through a list of immigration attorneys’ phone numbers, none of whom agreed to take her husband’s case. She attributed the reluctance to a preexisting removal order on her husband’s record, which can speed the deportation process. But without a reliable source of information, she was left relying on hearsay to keep track of Abraham’s case.

As the federal government entered a shutdown on Wednesday, several Wisconsin immigration attorneys said they were surprised to hear that, unlike during other shutdowns in recent memory, immigration court hearings for clients not in ICE detention would continue as planned.
Attorneys had not expected the shutdown to slow down the cases of immigrants in detention, but the speed of operations has still caught some off guard. Some of those arrested in Manitowoc County last month were already out of the country days before Congress missed its funding deadline, according to Aissa Olivarez, an attorney with the Community Immigration Law Center in Madison.
“Historically, people are taken to (the Dodge County Jail) and we’re able to at least do an intake and speak with them before anything else happens,” Olivarez said. “But it seems like in this operation, they knew who they were looking for, or exactly what they were going to do. … They did this really, really fast.”
As of Friday, three of the six arrestees named in a DHS press release about the Manitowoc County operation were still in the Dodge County Jail, according to ICE’s detainee locator tool.
Maldonado Almanza was not among them, though his name and photograph appeared in the press release, which also claimed he had a prior conviction for identity theft.
Wisconsin circuit court records yield no matching criminal record, nor do trial court records in Iowa, where his wife says they lived after emigrating from Mexico and before moving to Wisconsin. Iowa court records do, however, reflect that Maldonado Almanza was fined for driving without insurance in 2009.

As first reported by the Wisconsin Examiner, another man named in the September DHS press release on the Manitowoc County operation had been in ICE custody since July. That man, Jose Hilario Moreno Portillo, was charged with second-degree sexual assault of a child in Manitowoc County in May.
The dairy worker said her husband had previously received a deportation order in an immigration court case that began while the couple was living in Iowa. That detail matches Olivarez’s understanding of the Manitowoc operation. “It does seem like there were people who have been ordered deported before,” she said. In those cases, “without a quick stay of removal or motion to reopen, the government executes that removal order right away.”
“Because there is such a low capacity (of attorneys) in the state in general, when people already have removal orders, we can’t work fast enough to stop it,” she added.
Maldonado Almanza’s whereabouts remained unclear as of Friday.
Milwaukee immigration attorney John Sesini says his firm took the case of another man picked up in the Manitowoc operation only to discover he had been deported to Mexico within four days of his arrest. The man had no criminal record, Sesini said, and it remains unclear whether he had a prior deportation order. If not, it may still be possible to challenge the deportation in court.
Only about a third of immigrants in Wisconsin with upcoming hearings in federal immigration court have legal representation. Unlike courts operated by the federal judiciary, immigration courts – part of the U.S. Department of Justice – do not provide free representation. Instead, immigrants must pay out of pocket, rely on the few free and low-cost legal services organizations like Olivarez’s legal center or face the courts alone. Those able to find attorneys are vastly more likely to avoid deportation than those who attempt to represent themselves.
For some immigrants facing court dates in the coming weeks, a typical government shutdown could have provided breathing room. In past shutdowns, the DOJ has typically deemed only the cases of immigrants in detention “essential” enough to move forward. The shutdown from late December 2018 to mid-January 2019, for instance, forced the cancellation of at least 80,000 hearings nationwide, according to immigration court records analyzed by the nonprofit Transactional Records Access Clearinghouse (TRAC).

A Wisconsin Watch analysis of federal immigration court data suggests that as of August, almost 1,000 immigrants with Wisconsin addresses had hearings scheduled for October. So far, the DOJ has not called off those hearings en masse, though the agency has also not clarified whether immigration courts will continue holding hearings of immigrants who are not detained during a prolonged shutdown.
But in a press release issued on Wednesday, DHS Assistant Secretary Tricia McLaughlin underscored that the shutdown will not slow ICE. “The deportations will continue,” she wrote.

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