Cement Produces Unavoidable Emissions  Second only to water, concrete is the most consumed material on Earth with an annual production of approximately 4...

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Madison Police Chief Shon Barnes said he hopes city leaders come together to implement body cams in his absence.

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A immigrant from Venezuela tries in vain to access the CBP One app day a day after the second inauguration of President Donald Trump on Jan. 21, 2025 in Nogales, Mexico. The incoming administration shut down the app, which was created by the Biden administration to allow migrants to schedule appointments to gain entry into the United States. (Photo by John Moore/Getty Images)

WASHINGTON — A day after President Donald Trump signed a slew of immigration-related executive orders, immigration researchers said during a Tuesday briefing they are scrutinizing the legal implications of the White House’s move to end birthright citizenship as well as sweeping directives barring asylum and more.

The ACLU and immigrant rights groups sued the Trump administration in U.S. District Court for the District of New Hampshire shortly after Trump signed the birthright citizenship order. On Tuesday, 18 state attorneys general also sued over the order, in U.S. District Court for the District of Massachusetts. Those states include New Jersey, Massachusetts, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin.

Additionally, state attorneys general from Arizona, Illinois, Oregon and Washington sued the Trump administration in U.S. District Court for the Western District of Washington at Seattle over birthright citizenship, in which people born in the United States are considered citizens — excluding the children of foreign diplomats — even if their parents are not.

Other executive orders Trump signed Monday night declare a national emergency at the southern border, end asylum and reinstate several harsh immigration policies from his first term.

“Executive orders do not change the fact that U.S. law provides for access to asylum … which I think will feature prominently in what I expect to be rapid litigation of these measures,” said Kathleen Bush-Joseph, an attorney at the Migration Policy Institute, a think tank that studies migration and facilitated the press briefing.

Trump order permits enforcement in churches, schools

Additionally, the Trump administration is already issuing new directives for immigration enforcement.

Acting Department of Homeland Security Secretary Benjamine Huffman issued two directives Monday. One rescinds Biden-era guidelines for Immigration and Customs Enforcement and Customs and Border Protection that limited enforcement in or near so-called “sensitive” areas, such as places of worship, schools, health care facilities, relief centers, and social services centers, among other areas.

“The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense,” DHS said in a statement.

The other directive curtails the use of humanitarian parole and “returns the program to a case-by-case basis.” The Biden administration used that authority for Ukraine, Afghanistan, Cuba, Haiti, Nicaragua and Venezuela.

Within hours of Trump taking office, a popular app that migrants used to make appointments with asylum officers, known as CBP One, was shut down, canceling all future appointments. The ACLU has already sued over that as well.

Birthright citizenship

But it was the order on birthright citizenship that immediately attracted multiple legal challenges. 

The executive order states the federal government will not recognize or issue citizenship documentation to any child born after Feb. 19 to parents who are in the country without proper authorization, or if the parent is in the United States on a temporary visa and the other parent is a noncitizen or green card holder.

Birthright citizenship is a right enshrined in the 14th Amendment of the U.S. Constitution and was upheld in a 1898 U.S. Supreme Court case.

There are roughly 5.5 million U.S. children born with at least one parent who is an undocumented immigrant and 1.8 million U.S.-born children with two undocumented parents.

“I think if it wasn’t obvious already, it is just the operational sort of challenge of even making this interpretation live,” said Muzaffar Chishti, a senior fellow and director of the Migration Policy Institute office at New York University School of Law, at the briefing.

He argued that the executive order would apply to any child born in the U.S. after it’s enacted and would require hospitals to check the documentation of everyone.

“You cannot just limit to people you think may be in the country illegally,” Chishti said. 

Mass deportations

Trump, who campaigned on carrying out mass deportations of people in the country without proper authorization, made little mention of the promise in his inauguration speech and other remarks Monday.

But his executive orders signal that initiative, said Doris Meissner, the director of U.S. immigration policy at the Migration Policy Institute.

“A range of the executive orders that have to do with expedited removal, broadening detention capacity, information-sharing with local law enforcement, all do speak to the issue of the mass deportations initiative,” Meissner said.

But she added that some of the executive orders signed, and a bill that is likely to make its way to Trump’s desk to be signed into law could undercut those efforts by using vast resources and impeding on deportation logistics.

For example, one executive order ends the policy known as “catch and release.” That policy allows migrants who are detained to live in U.S. communities while they await having their asylum cases heard by an immigration judge.

The bill Congress is moving toward final passage, S. 5, would require mandatory detention for immigrants accused of or charged with property crime, injury or death of a U.S. citizen and the assault of a law enforcement official.

“Both require significant detention capacity in order to enforce them,” Meissner said. “So we see impediments, we see constraints, but we’re also likely to see continuing and ongoing threats that generate fear and uncertainty that is already at a heightened level and that will heighten even further.”

(Photo: U.S. Immigration and Customs Enforcement)

Immigrant rights advocates and attorneys are preparing for how Wisconsin’s law enforcement community might assist federal authorities in President Donald Trump’s proposed mass deportation efforts — warning that the new administration’s policies could lead to profiling and high levels of data sharing. 

Eight counties in Wisconsin currently have agreements with Immigration and Customs Enforcement (ICE) under the agency’s 287(g) program, which state that the counties will hold undocumented immigrants in jail if ICE requests them to do so. Brown, Fond du Lac, Manitowoc, Marquette and Sheboygan counties have a memorandum of agreement with ICE under the Warrant Service Officer program and Waukesha County has an agreement with the agency under its jail enforcement program — which allows local deputies to act as immigration enforcement agents and ask questions about inmates’ citizenship status. 

Tim Muth, a senior staff attorney with the Wisconsin ACLU who has researched how local law enforcement interacts with ICE, says these agreements weren’t used very much under the administration of President Joe Biden but now under Trump, it gives federal authorities a good sense of which departments will be allies in a mass deportation effort. 

“What they do indicate is which are the counties who have already raised their hands and said, ‘we are happy to assist with deporting people from the state,’ and I anticipate that the Trump administration is going to start with that list and say ‘we know who our allies are in this in the state of Wisconsin,’” Muth says. “Let’s see if one: We can get more allies signing these agreements, and, two: For the ones who already have, let’s see what we can do to get them more active in this area.” 

Luca Fagundes, an immigration attorney based in Green Bay, says that under Biden, ICE generally only picked up undocumented immigrants in the Brown County jail if they’d committed serious infractions. Fagundes anticipates that ICE — as it did in the first Trump administration — will use the agreement with the sheriff to send people to deportation proceedings for low-level offenses such as driving without a license or other minor traffic violations.

“If history is precedent, I believe the administration will place detainers on anyone they can, regardless of how minor the offense committed by the individual,” Fagundes says, adding that he doesn’t think local law enforcement should aggressively support ICE efforts in a county that Trump won with just 53% of the vote. 

“Certainly there are concerns that law enforcement will cooperate with more aggressive ICE efforts,” he says. “I have these concerns, and I believe the community also shares these concerns. I personally hope that law enforcement in this area continue to exercise their own level of discretion on who to detain. Given the political leanings or lack thereof of Brown County, I don’t believe a mandate has been established with regards to the incoming administration’s immigration policies.” 

Aside from the eight counties with formal agreements with ICE, dozens of other county sheriffs in Wisconsin are Republicans and likely share Trump’s opinions on immigration. Muth says a big concern is these counties forging informal relationships with ICE that amount to letting the agency know whenever a foreign national is held in a county jail. 

This practice, he says, has historically been common in Walworth County, resulting in a higher per capita number of immigrants removed from the county than anywhere else in the state. 

“Basically every day they would send a list to ICE of every foreign national who had been booked into the jail,” Muth says. “So I think we’re going to see more of that kind of informal information sharing. And then I think the other thing is, even though immigration enforcement is not a state matter, it’s a federal matter, we’ll probably see more local law enforcement, the county level and local municipal level, asking people, what’s their immigration status?”

Muth says the ACLU, community organizations and churches have been working on extensive know-your-rights campaigns in recent months to inform people of what their rights are if they’re stopped by law enforcement and asked these sorts of questions. 

“And our advice is always, you know, you shouldn’t speak to law enforcement without your attorney, and ask for counsel,” he says. “Very often people, especially people from marginalized communities, don’t know that they can refuse to answer questions like, ‘what’s your immigration status?’ And I expect we’re going to see local law enforcement, especially in more conservative counties, asking those questions, even though it is unrelated to enforcing any state of Wisconsin criminal statute.”

But, he adds that many rural sheriffs will be in a bind. They can support Trump and assist ICE in aggressive deportation efforts but that could come with political backlash from an important local voter base — farmers who rely on undocumented labor. 

“I think there are some counties where the local farms are very dependent on undocumented farm workers where the sheriffs recognize that they don’t want to harm the local agricultural community,” he says. 

In the state’s more liberal communities, local officials have promised to do what they can to thwart local ICE efforts. At a news conference last week, Dane County Executive Melissa Agard and District Attorney Ismael Ozanne said the county would continue to offer the area’s immigrant community assistance through programs in the human services department and that the DA would never ask for the immigration status of a victim or witness in a criminal prosecution. 

The Dane County sheriff’s department has also said it would not assist ICE and wants to maintain its relationship with the immigrant community so they report crimes when they happen. But the county has also continued to participate in the State Criminal Alien Assistance Program (SCAAP), which provides grants to reimburse local governments for the cost of detaining noncitizens. 

Participation in the program involves regularly sending federal authorities a list of all noncitizens who were held in the jail and convicted of at least two misdemeanors or one felony. Shortly after current Sheriff Kalvin Barrett took office in 2022, the Dane County Board assessed the county’s participation in the program and decided to continue the county’s involvement. 

Elise Schaffer, a spokesperson for the sheriff’s office, says the board decided to continue because the reimbursement is based on historical data, not who is currently in the jail. She says the county hasn’t even finished sending all of the 2023 data to the Department of Justice office that operates the program and passes the information along to ICE. 

Muth says that in many ways Dane County and Madison have policies that he believes are good for the local immigrant community, but that even Milwaukee County, with its tight budget, hasn’t accepted this money. 

“The Milwaukee County sheriff’s budget is certainly really tight,” he says. “They’re really suffering, but they don’t pursue that money, which I commend them for. I think in general, other than pursuing this SCAAP funding, I think Dane County and the current sheriff and the Madison police department have a good set of policies that we applaud them for. But ICE’s mass deportation plan ultimately will be necessarily data driven, right? And Dane County has been feeding them data for years.”

With the Trump administration set to take the Oval Office next week, school districts nationwide are bracing for the possibility of immigration raids targeting students at school bus stops and at school sites.

Education Week reported in December that school district officials are contemplating whether immigration agents will carry out arrests at schools and how they should respond. While reports indicate Tom Homan, named by President-elect Donald Trump to become his border czar, is focusing on undocumented immigrants posing a public safety threat, it is unclear how his response will unfold and how many students could be affected.

Thomas A. Saenz, president and general counsel for the Mexican American Legal Defense and Educational Fund, noted that the 1982 U.S. Supreme Court decision in Plyer v. Doe indicated “every child has the right to go to public school free of charge from kindergarten through 12th grade regardless of status.

“We interpret that as meaning unfettered access to school,” Saenz continued. “So, raids on school campuses are unconstitutional under that decision and should not occur. No enforcement action should occur on school grounds, because it interferes with the school experience of students based on their immigration status.”

The same should apply to school bus stops, he added.

“They should not be the place for any enforcement action nor should school buses themselves be the place for any enforcement action because that is an interference with the Constitutional right to attend school guaranteed by that Plyer decision,” he argued. “Despite the possibility that the new administration may eliminate the sensitive location memo, there would still be a Constitutional constraint on the ability to conduct immigration enforcement action in those settings that are directly related to school access.”

Saenz is referring to a 2021 U.S. Department of Homeland Security memo, Guidelines for Enforcement Actions in or Near Protected Areas, that lists schools and school bus stops as protected areas from Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection enforcement.

“Our advice would be to any principal and superintendent that because of that Constitutional right, they are absolutely within their rights and indeed may be obligated to bar access to campuses absent a judicial warrant of some kind and a judicial warrant should be resisted because of that Constitutional right for kids to attend school regardless of their immigration status,” said Saenz.

Meanwhile, the Biden administration recently issued extensions of Temporary Protected Status to hundreds of thousands of people from Sudan, Ukraine and Venezuela. This allows immigrants to remain in the country with work permits and provides a shield from deportation for another 18 months from the expiration of their current protection in the spring.

The move was designed as a roadblock to President-elect Trump’s ability to swiftly strip the benefit upon taking office on Monday.

A New York Times article outlines other efforts now underway to address what may come. New York City school staff members have been instructed to ask immigration agents arriving at a public school to wait outside while they contact a school district lawyer. Since 2022, the school system has enrolled about 40,000 students who are immigrants.

Mount Diablo Unified School District northeast of San Francisco, California, is a case in point where parents anxious about deportation may be reticent to send their children to school, noted Superintendent Dr. Adam Clark.

The conservative think tank Heritage Foundation’s Project 2025 noted that “all ICE memoranda identifying ‘sensitive zones’ where ICE personnel are prohibited from operating should be rescinded. Rely on the good judgment of officers in the field to avoid inappropriate situations.”

Project 2025 called upon states to “pass legislation that requires public schools to charge tuition for unaccompanied migrant children as well as children who are in the U.S. with their illegal-alien parents.

“Such legislation would draw a lawsuit from the Left, which would likely lead the [U.S.] Supreme Court to reconsider its ill-considered Plyler v. Doe decision that had no basis in law,” Project 2025 continued. “This reconsideration is warranted because the large number of unaccompanied alien children and mass illegal migration have significantly changed circumstances for states and localities.”

As reported on Dec. 11 by NBC News, the incoming Trump administration intends to rescind the Department of Homeland Security policy that has prevented ICE agents from arresting undocumented people at or near so-called sensitive locations as soon as the first day he is in office in what he has said he wants to be the “largest deportation operation in American history.”

Educators Seek Guidance

Education Week reported that to address uncertainties in ICE enforcement procedures, experts are suggesting schools should be proactive in educating staff about school policies on ICE interactions and in reminding families of their rights.

When contacted, some school districts expressed a reluctance to respond to questions from School Transportation News on this topic. One of those was California’s Oakland Unified School District was one of the declining contacts.

Denver Public Schools “has not been directly involved in the establishment of any sanctuary or safe zones for students” and “does not collect immigration status on any of our students,” noted Scott Pribble, the district’s director of external communications.

Pribble echoed the observation of others that the DHS’ lists marked or known school bus stops as protected areas in addition to the physical school site.

The National Association of School Resource Officers has not developed any guidance on the immigration issue, noted spokesperson Jay Farlow.

In preparing for potential ICE impacts, school district measures may include creating safe zone resolutions protecting students from immigration enforcement on school grounds and training staff including school bus drivers on how to respond if ICE appears at a school or bus stop, including understanding the students’ rights under state and federal law.

Protecting student privacy and providing resources to families — including emotional and psychological support — is another potential measure as well as collaboration with local governments for support and engaging in advocacy.

In November, Los Angeles television station KABC reported that Los Angeles schools reaffirmed their stance to protect students and their families regardless of citizenship status, with the Los Angeles Unified School District (LAUSD) school board unanimously reaffirming its commitment to being a sanctuary district.

Since 2017, LAUSD has had a policy of refusing to cooperate with federal immigration enforcement actions, including sharing information about the immigration status of students and their families, the station reported.

LAUSD Superintendent Alberto Carvahlo indicated one concern is splitting families apart, where a student may be a natural-born citizen, but a parent is not. He said he has been working on a plan that includes training in multiple languages for school staff.

The Migration Policy Institute indicates some 5.5 million children, representing about 7 percent of the U.S. child population, lived with an unauthorized immigrant parent in 2019. Of those children, 726,000, or 13 percent are themselves unauthorized.

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In mid-December, the California Department of Education announced State Superintendent of Public Instruction Tony Thurmond is sponsoring Senate Bill 48, legislation that aims to keep ICE agents off California campuses by establishing a one-mile radius safe zone around schools, as well as protect against the use of school data for deportation efforts.

The bill, introduced by Sen. Majority Leader Lena Gonzalez (D-33) on Dec. 16, would prevent schools from experiencing a drop-off in student attendance due to immigration concerns, which would directly and negatively impact critical funding.

The bill also doubles down on the commitment by the California Department of Education to safeguard students and families, maintaining schools as spaces where everyone has the right to an education.

In early December, California Attorney General Rob Bonta released guidance and model policies to assist California’s K-12 Schools in responding to immigration issues. For example, the guidance notes that schools are not compelled to provide ICE agents with access to student records if they only have an administrative warrant as opposed to a warrant signed by a judge nor should schools release private student information without parental consent as per federal law.

The guide includes model policies school districts could adopt.

In mid-December, Wendy Cervantes, director of immigration and immigrant families at the Center for Law and Social Policy (CLASP), released a statement that “any plan to rescind the protected areas policy is just part of a wider effort to instill fear in immigrant communities and deter parents from taking their child to the hospital or dropping them off at childcare or school.

“We witnessed how immigration enforcement efforts under the first Trump administration impacted participation in early childhood programs and deterred parents from accessing lifesaving services, creating stress for families, care providers, and entire communities,” she said. “The principles behind the protected areas policy are rooted in the recognition that immigration enforcement does not have to come at the cost of the health and well-being of children, including U.S. citizen children in mixed-status families.”

“With or without a formal DHS policy, we stand ready to ensure that families and care providers are informed about their rights and that families are able to meet their basic needs. We will not allow fear to stand in the way of human dignity.”

CLASP offers a guide to creating safe space policy for early childhood programs.

ImmSchools, a Texas nonprofit partnering with schools throughout the U.S. in creating a welcoming environment for immigrant students and families, concurred with others that districts should establish their own policies addressing responses to immigration enforcement.

The organization also offers school districts training for educators so they can best understand immigration laws and policies, so families know their rights.

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Madison saw an 8 percent decrease in violent crime last year, Police Chief Shon Barnes said.

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A Wisconsin barn in winter. | Photo by Gregory Conniff for Wisconsin Examiner

President-elect Donald Trump’s pledge to deport millions of undocumented immigrants shortly after he takes office on Jan. 20 has triggered a flood of calls to advocates and local officials in Wisconsin. 

“There is palpable fear and anxiety with our clients,” said Carmel Capati, managing immigration attorney for the Catholic Multicultural Center in Madison. Capati and another immigration attorney, Aissa Olivares of Dane County’s Community Immigration Law Center, gave a presentation during a Dec. 27 community forum on immigrant rights organized by former state Rep. Samba Baldeh (D-Madison).

“As we anticipate a change of national leadership, immigrant communities across our state are fearful of what may be coming,” Baldeh said.“It is essential that we as elected officials address that fear, stand up for the rule of law, and advocate for human rights-based policies that acknowledge the contributions of immigrants — who are our neighbors, co-workers, and friends.”

“There is still a lot of uncertainty,” Dane County Sheriff Kalvin Barrett said during the forum, which was held on Zoom. “No one knows what’s going to happen.” But, Barrett assured participants, “We will not be proactively involved in any sort of round-ups, any sort of immigration enforcement.”

During their presentation, the immigration attorneys addressed the concerns of university students, Deferred Action for Childhood Arrivals (DACA) recipients, refugees and people from countries eligible for Temporary Protected Status during the administration of President Joe Biden — a status they said they expect Trump to revoke. Wisconsin’s immigrant residents should apply for benefits still available to them under the Biden administration, the lawyers said, to get their identity documents in order, and to make an emergency plan in case they are detained, including designating someone to pick up their children from school.

“It’s very important that we do avoid situations where we might be subject to arrest,” said Olivares. “And if unknown people are knocking on your door, don’t open the door.”

‘How in the hell will we continue to be the Dairy State?’

Nowhere would mass deportation have a bigger impact than on Wisconsin’s dairy farms, where an estimated 70% of the workforce is made up of immigrants, mostly from Mexico and Central America. Because Congress has never created a year-round visa for low-skilled farm workers, almost all of Wisconsin’s immigrant dairy workers are undocumented. Without them, experts say, the whole industry would collapse.

At a Jan. 3 press conference in the Capitol, Wisconsin Gov. Tony Evers called the threat of mass deportation “illogical,” and said “we will do everything in our power to prevent it.”

“The bottom line is, in Wisconsin, 70% of our farms … 70% of the people may be part of the federal government’s idea to move them elsewhere, out of our country,” Evers said. “Think about that. How in the hell will we continue to be the Dairy State with no one to milk the cows and do the other important work?”

Yet, despite the existential threat posed to dairy workers and Wisconsin’s marquee industry by Trump’s proposed roundups, during a recent reporting trip to rural Buffalo County — a heavy dairy producing area in Western Wisconsin — workers, farmers and local law enforcement officials told the Examiner they were not scrambling to prepare for raids.

“What are we going to do? We can’t do anything,” said a dairy worker from Mexico who goes by the nickname Junior and who works for Buffalo County dairy farmer John Rosenow. “We can’t hide. All we do is work, go home, go back to work, back home, back to work.”

“We all came here not for fun but out of necessity,” he added, speaking about the estimated 10,000 immigrant dairy workers in Wisconsin. 

Junior, 19, has been working on Rosenow’s farm for the last year and a half, sending home money to help support his 3-year-old daughter. Like many of his co-workers, he came north to milk cows because the average wage for dairy workers, at $11 per hour, is far more than he could earn in Mexico, where a factory job pays the U.S. equivalent of just $20 per week. For decades, Mexican workers on Rosenow’s farm and other farms in the area have saved enough money to build houses, start businesses, and put their children through school back in Mexico.

The risks these workers have taken to come here include walking across the desert at night, evading kidnappers, and nearly suffocating while being smuggled in the trunk of a car. It can take a full year of work, rising at 4 a.m. to milk cows and shovel out barns, just to pay off a typical $12,000 debt to smugglers for a border crossing. Compared to all of that, workers say anti-immigrant political rhetoric does not seem like the biggest threat many of them face — especially those from Mexico who came to Wisconsin to build a better life, not, like many asylum-seekers, to flee violent persecution in their home country.

“I haven’t heard any workers ask about what might happen in the new administration,” said translator Mercedes Falk, who travels among about 20 farms in the Buffalo County area, interpreting for farmers and workers. “Farmers and workers are continuing to work side by side because they know that they are the ones that will make sure the cows are taken care of and the farms run smoothly. I think they both have been doing the work for so long that they understand that no one else is going to step in to do the work if it’s not them.”

“In our area, which is typical of most any dairy farm area in the country, most all farms with over 100 cows have immigrants working for them,” Rosenow said.

Rosenow, an outspoken advocate for his workers, helped found the nonprofit Puentes/Bridges, which takes dairy farmers from Wisconsin and Minnesota on an annual trip to rural Mexico, to see the homes and businesses their workers are building with the money they earn in the U.S. Falk, the translator, leads these trips. 

“Trump says Mexico is not sending us their best,” Rosenow said during one such trip in 2019. “These Mexican towns are sending us their best when they send their young men up north.” His former workers, he said, have returned home to become leaders in their communities, local employers, and important supporters of two economies — in Wisconsin and in Mexico. 

Mexican workers sent home $51.6 billion from U.S. jobs to help the Mexican economy in 2021, accounting for 4% of Mexico’s GDP (oil and gas only accounts for 3.3% of GDP for this petroleum producing country).

But while former President Andrés Manuel López Obrador called those workers “living heroes,” Trump has called them criminals and rapists and promised to send them all home.

In rural Wisconsin, which voted heavily for Trump, some farmers who support Trump have told the Examiner they don’t believe he intends to deport their hardworking employees — that his real targets are criminals. But Trump made all undocumented immigrants a priority for deportation in his first term, unlike Biden, whose immigration policy has focused on deporting those who committed crimes or posed a threat to national security.

Republican U.S. Rep. Derrick Van Orden, whose district ecompasses a large swath of Western Wisconsin, including Buffalo County, sits on the House Agriculture Committee. Van Orden made cracking down on “criminal illegal aliens” a centerpiece of his 2024 reelection campaign. At a press conference in September, he highlighted a violent attack on a woman by a Venezuelan immigrant to denounce U.S. immigration policy. Van Orden acknowledged at that event that dairy farmers in his district rely on immigrant labor, but then went on to praise the H2A seasonal farmwork visa, which is not applicable to dairy farm work. 

“I’m 100% behind making sure that we get as many people into the country lawfully to help support our industries,” Van Orden said. “I’m absolutely, adamantly opposed to letting a single known criminal enter this country, because this is what happens.” 

Campaign rhetoric about crimes committed by immigrants runs counter to studies that show lower crime rates among immigrants in the U.S. than among U.S.-born residents.

During Evers’ press conference earlier this month, a reporter pressed the governor on whether he believed undocumented immigrants who commit crimes should be deported. 

“What crime, speeding?” Evers asked. “Violent crimes,” the reporter clarified.

“It shouldn’t be treated any differently,” Evers said. Both immigrants and U.S. citizens should be prosecuted and put in prison if they were guilty of crimes, he added. “Serving that time is equally important for someone that is documented and someone that is not.”

The view from Buffalo County

In Buffalo County, local law enforcement officers told the Examiner they have not seen more crime among the immigrant population than among U.S. born residents of the area. Instead, police say, they can often be the victims.

Recently, Buffalo County Deputy Sheriff Aarik Lackershire got a call from Rosenow’s dairy farm.  A worker there had asked Rosenow to lend him $1,500 to pay off a U.S. official who was demanding money and telling the worker he had to pay or be prosecuted for a crime.

Rosenow suspected his employee, Junior, was being scammed. Instead of loaning him the money, he called the sheriff. Lackershire arrived on the farm, Rosenow recalled, “with coke-bottle glasses, wearing full riot gear — leather, with a gun on his belt … I swear he was 18 at the most.”

Relations between local law enforcement and the immigrant workers on Wisconsin dairy farms have become strained in recent years because of workers’ fear of deportation. During the first Trump administration, high-profile raids and a hostile political climate caused some workers to return to their home countries while others simply stopped going out. Many live on the farms where they work and avoid contact with the police. Rosenow has fewer than a dozen employees and most of them, young men and a few women, came up from Mexico without their families and live in a barracks on the farm to save money and send more home.

Lackershire did not come to Rosenow’s farm to arrest Junior. Instead, the deputy spent a long time talking to him in Rosenow’s office, next to the milking parlor, listening carefully and explaining to Junior that he had been the victim of a scam. 

“He obviously wanted to help,” said Rosenow. “The next day I was in Alma, so I stopped at the sheriff’s office to thank them for doing such a great job.” 

Farmers and workers in rural Wisconsin say they hope the national anti-immigrant climate will blow over, and that they can’t afford to abandon an economic relationship both groups depend on for their livelihoods. Throughout rural Wisconsin, immigrant workers and the state’s U.S.-born residents continue to coexist and, in many cases, try to help each other, as Lackershire did for Junior.

‘They don’t know who they can trust’

At first, when Lackershire showed up at Rosenow’s farm, Junior was reluctant to talk. “It’s a person you don’t know, and you’re telling him things — you feel nervous,” he said in an interview later, in Spanish, recalling the scene. But Lackershire spent a lot of time listening patiently to Junior’s story, with the assistance of Falk, the interpreter, whom Rosenow called and put on speaker phone. Lackershire explained to Junior that the person who called him demanding payment could not have been a U.S. official, since the call came from outside the United States.

“After that he warmed up a little bit,” Lackershire recalled in an interview, sitting at the dining room table at his home in Durand. It was a convoluted extortion scam involving three different callers, one posing as a woman with a sick child who needed help, one as a law enforcement officer, and one as a friend of Junior’s from Mexico. Lackershire said he’s encountered many similar scams, but this was “probably the most layered one I’ve dealt with.”

“He’s telling me about three different people, three different stories, and none of it’s making sense,” Lackershire recalled. “Wow. So that was an obstacle. And obviously, doing all this through translators, some stuff gets lost in translation.”

Falk said she was impressed with Lackershire’s patience. “I never got a sense of any ounce of frustration from him even though it was a long interaction at 9 p.m.,” she said. The whole experience, she added, “gave me a newfound appreciation for humanity and how empowering it is to connect on a human level in spite of speaking different languages and being from different cultures.”

Scammers target people of all backgrounds, Lackershire said. But immigrants are particularly vulnerable and, in his experience, are more frequently shaken down for large sums of money.

“It seems like they take more advantage of immigrants because they don’t know the legal system of the U.S.,” Lackershire said. 

“This group of people obviously has a fear of being sent back to where they came from,” he added. “They don’t know who they can trust.”

That lack of trust makes it harder for law enforcement to do its job.

“We have to go to every 911 call, and we’ve had hang-ups at worker barracks at 4 in the morning,” Lackershire said. “And obviously going around knocking on doors as a police officer at 4 in the morning on a primarily illegal population stirs everybody up and they get nervous. The intention is to see if somebody needs help, and a lot of people aren’t even willing to talk.”

Over time, Lackershire feels he has gained the confidence of people who used to avoid him. Some will now translate for him on occasion. Lackershire himself grew up in the area and went to school with the children of immigrant farm workers. “They are just trying to support their families, which I respect,” he said.

‘We treat the immigrant workers and nonimmigrant workers the same’

When, in October 2023, Minnesota stopped requiring proof of legal residency to get a driver’s license, Lackershire began carrying around handouts from a Minnesota immigrant rights group to give to the unlicensed immigrant drivers he pulls over, encouraging them to get a Minnesota license. (The Wisconsin Legislature changed state law in 2007 to bar undocumented immigrants from obtaining driver’s licenses.)

Lackershire said he sees a lot of immigrant drivers in Wisconsin who have registered and insured their vehicles in Minnesota, “trying to do the best they can.” But he still hands out a lot of tickets in Wisconsin for driving without a license. “That’s not something we typically make an arrest for; that’s usually a traffic ticket,” he said. But after they get too many tickets, unlicensed drivers in Wisconsin are treated as though their licenses have been revoked, Lackershire explained, “and then it’s a driving after revocation. And that’s actually a criminal charge.” Criminal charges can trigger an immigration hold and deportation proceedings.

Having a lot of unlicensed drivers on the road creates a public safety hazard.

Lackershire’s boss, Buffalo County Sheriff Mike Osmond, said in a phone interview that he and his deputies often come upon abandoned cars that are registered to people with no driver’s license and left in a ditch after a crash. “If they are immigrant workers, they tend to not stick around,” he said. 

“We treat the immigrant workers and nonimmigrant workers the same,” Osmond added. “If you’re the victim of a crime, I want our deputies to spend time and educate you. We’re not out there looking for immigrant workers.”

As for the possibility that his department might be asked to help with mass deportations, Osmond said he’s not worried. “I guess I’ll figure it out when it happens, if it happens,” he said. He’s not prepared to say what his department policy will be on cooperating with federal immigration agents. 

“In my entire career I don’t know I’ve ever had a request from a federal agency to help with immigration, except once when there was an ICE hold on someone in the jail,” he said. That was during the first Trump administration.

“If President-elect Donald Trump was sitting in the passenger seat of my truck right now, I’d tell him to deport the people out of the jails and prisons — these are folks who’ve come here and committed a crime.”

‘I have a lot of goals, a lot of dreams’

Falk teaches a regular Monday night English class on Rosenow’s farm. 

On a recent December evening, she greeted Junior as he came out of Rosenow’s milking parlor, as three people in their early twenties — two young men and one young woman — arrived for class. The three students laughed and teased each other as they took turns translating the sentences Falk wrote on a white board.

Junior, standing off to the side, said he had taken Lackershire’s advice and blocked the people who scammed him. He was glad he’d only given them $600.

Junior’s father also clocked out of the milking parlor while the English class was going on. He had been on the farm for the last four years, he said, and was planning to go home to Mexico next year.

“It’s always next year,” one of Falk’s students said, laughing. His father, who also works on the farm and sends home money to the rest of the family, says the same thing every year, he added.

As for Junior, “I just have a couple of years left. That’s enough for me, then I’ll go back,” he said.

In that time, he hopes he’ll have enough money to build a house. “I have a lot of goals,” he said, “a lot of dreams.”

This is the first installment in an Examiner series on immigration in Wisconsin.

A man housed in Racine County Jail awaiting trial for attempted homicide is expected to be charged with the beating death of a fellow inmate this week.

The post Homicide charge recommended in beating death at Racine County Jail appeared first on WPR.

A Charlotte Mecklenburg Schools bus was hit with gunfire, reported WCNC Charlotte.

The Charlotte-Mecklenburg Police Department released a statement saying that the gunfire came from a drug-related dispute that occurred outside the school bus on Monday. The bus was not the intended target, police added. Two students from Albemarle Middle School were injured from glass broken by the gunfire, according to the police statement.

Police arrested 21-year-old Lamarius Ramel Anthony, who is charged with carrying a concealed weapon and felony possession of cocaine.

Local security guard Eyersol Belbuel was reportedly nearby when the shooting occurred and assisted the school bus driver in safely evacuating all the students.

Related: Teen Charged in Pennsylvania School Bus Shooting, 3 Others Wanted
Related: Texas Student Fires Gun on School Bus
Related: Arizona Student Found with Gun on School Bus

The post North Carolina Students Injured After Gunshots Fired Outside School Bus appeared first on School Transportation News.

Madison alder Charles Myadze was charged with eight felonies Monday related to ongoing allegations of abuse.

The post Madison alder Myadze charged with 8 felonies appeared first on WPR.

The wife of a Wisconsin kayaker who faked his own drowning so he could leave her and their children and meet a woman in Eastern Europe filed court documents Thursday seeking to end their marriage.

The post The wife of a Wisconsin kayaker who faked his own death moves to end their marriage appeared first on WPR.

The Milwaukee Journal Sentinel, WTMJ and Wisconsin Watch are working together to uncover more about the Milwaukee County District Attorney’s list of police officers it views as unreliable witnesses for testimony in court cases.

The post Investigating Wisconsin ‘Brady Lists’ of police officers deemed unreliable for court testimony appeared first on WPR.

Rep. Raúl Grijalva, D-Ariz.,  speaks during a news conference regarding the separation of immigrant children at the U.S. Capitol on July 10, 2018 in Washington, D.C.  (Photo by Alex Edelman/Getty Images)

Raúl Grijalva, the top Democrat on the U.S. House Natural Resources Committee, will not seek to remain in that position in the next Congress, he said in a written statement Monday.

The announcement from Grijalva, an Arizona progressive who has led Democrats on the committee overseeing environmental, public lands and tribal issues for a decade, paves the way for California’s Jared Huffman to take the ranking member role.

Meanwhile, in another major development among Democrats in the House, Rep. Jamie Raskin of Maryland said he would challenge Rep. Jerry Nadler of New York as ranking member on the powerful House Judiciary Committee.

“This is where we will wage our front-line defense of the freedoms and rights of the people, the integrity of the Department of Justice and the FBI, and the security of our most precious birthright possessions: the Constitution and the Bill of Rights, the rule of law, and democracy itself,” Raskin said in a “Dear Colleague” letter to lawmakers on Monday.  “I respectfully and humbly ask for your support for my candidacy.”

Grijalva to focus on recovery

Grijalva disclosed in April that he had been diagnosed with lung cancer. He returned to Congress last month. His Monday statement noted he would continue to focus on his recovery.

“After much thought, I have decided that it is the right moment to pass the torch as top Democrat” on the House Natural Resources Committee for the 119th Congress, he said. “I do not make this decision lightly, as being elected Ranking Member stands as the honor of my professional career. I will continue to focus on improving my health, strengthening my mobility, and serving my district in what is likely to be a time of unprecedented challenge for our community.”

Grijalva was reelected to the House in November. He plans to serve his full term as a rank-and-file member, a spokeswoman said.

In a statement, Huffman said if he is made ranking member, he would ask the House Democratic Caucus to give Grijalva the title of ranking member emeritus “in recognition of his distinguished career and the enduring importance of his leadership.”

Grijalva was first elected to the House in 2002. He became the Natural Resources Committee’s ranking Democrat in 2015.

Inflation Reduction Act

Grijalva chaired the committee while his party held the majority from 2019 to 2023.

The first half of his chairmanship was marked by investigations of the first Trump administration, including a criminal referral of former Interior Secretary David Bernhardt.

The second half, which occurred during the first two years of the Biden administration amid unified Democratic control of Washington, saw the passage of the climate-focused Inflation Reduction Act that Democrats passed along party lines.

With hundreds of millions available in tax breaks for renewable energy projects, the law represented the largest federal investment in addressing climate change to date.

“I am so deeply proud of the progress that my colleagues and I have achieved in protecting our nation’s rich natural and cultural heritage, advancing justice for communities overburdened by pollution, elevating Indigenous voices and honoring tribal sovereignty, fighting for the decolonization of the U.S. territories, and securing a cleaner, safer climate and energy future for all Americans,” Grijalva said Monday.

Avoids race among Dems

Grijalva, who is also a chair emeritus of the Congressional Progressive Caucus after he co-chaired that group from 2009 to 2019, thanked “colleagues, tribal nations, and environmental organizations” who had supported him in his brief bid to fend off the challenge from Huffman.

Huffman, 60, said last month he would seek to unseat Grijalva, 76, a rarity among House Democrats, who do not use term limits for committee positions and normally strictly adhere to seniority.

Huffman is the top Democrat on the panel’s Water, Wildlife and Fisheries Subcommittee. He is also a member of the Congressional Progressive Caucus.

A statement from Huffman Monday was full of praise for the outgoing leader and said he would seek to work closely with him in the period of transition.

“For the past twelve years, Rep. Raul Grijalva has been my friend and ally on the Natural Resources Committee,” Huffman wrote. “Working alongside him, I’ve seen his grit, determination, and passion for protecting our nation’s treasured natural resources, and his iron-clad commitment to lifting up frontline and indigenous communities.  He has inspired me and countless others with his passion and the clarity of his values.”

“Future generations will benefit from all that he has fought for and accomplished during his remarkable career,” the statement continued. “Rep. Grijalva leaves big shoes to fill, and I will now dedicate myself to building on his legacy of principled and productive leadership as Ranking Member of the Natural Resources Committee.”

Grijalva’s statement did not name Huffman.

A spokesman for Chairman Bruce Westerman, an Arkansas Republican, did not immediately return a message seeking comment.

Raskin and Nadler

Raskin in his letter said he was announcing his challenge to Nadler, a longtime top member of the panel, with “respect and boundless admiration,” but also said the upcoming session of Congress would be crucial for the nation’s future and House Judiciary would play a major role.

“We face an administration that would essentially put the Alien and Sedition Acts of 1798 on steroids. They want to turn the Justice Department and FBI into weapons of not only mass immigrant roundup and deportation but political revenge and prosecution. They would collapse the system of separated powers into an all-powerful monarchical Executive, and convert America from being a defender of democracy and human rights to being an open collaborator with autocrats and authoritarian oppression,” wrote Raskin, a former professor of constitutional law at American University’s Washington College of Law and a member of the Jan. 6 investigative committee in the 117th Congress.

“They want to align us with Putin’s Russia, Kim Jong Un’s North Korea, Xi’s China and Orban’s Hungary. In the 119th Congress, the Judiciary Committee will be the headquarters of Congressional opposition to authoritarianism and MAGA’s campaign to dismantle our Constitutional system and the rule of law as we know it. I hope to be at the center of this fight and—as someone who has battled cancer and chemotherapy—I can tell you that I will never, never surrender.”

Nadler told colleagues last month he would like to continue in his role as ranking member of the committee, Axios reported.

A missing 7-year-old Two Rivers boy was found dead Sunday after an overnight search. The Two Rivers Police Department released a statement confirming they had recovered the body of Jacob […]

The post Body of missing 7-year-old boy recovered from West Twin River appeared first on WPR.

Tech insiders say Biden is leaving a strong foundation for high-tech industry, boosting broadband access, setting a foundation for AI regulation, and encouraging chip manufacturing. (Rebecca Noble | Getty Images)

As he’s poised to leave office in two months, President Joe Biden will leave a legacy of “proactive,” “nuanced” and “effective” tech policy strategy behind him, technologists across different sectors told States Newsroom.

Biden’s term was bookended by major issues in the tech world. When he took office in early 2021, he was faced with an economy and workforce that was struggling to deal with the COVID-19 pandemic, and longstanding issues with a digital divide across the country. As he prepares to exit the White House, federal agencies are working to incorporate the principles from the 2023 AI Bill of Rights, on evolving technologies that will undoubtedly continue changing American life.

Though he was unable to get federal regulations on AI passed through Congress, Biden’s goal was to bring tech access to all Americans, while safeguarding against potential harms, the technologists said.

“I think everything that he does is foundational,” said Suriel Arellano, a longtime consultant and author on digital transformation who’s based in Los Angeles. “So it definitely sets the stage for long term innovation and regulation.”

The digital divide 

For Arellano, Biden’s attempt to bring internet access to all families stands out as a lasting piece of the president’s legacy. Broadband internet for work, healthcare and education was a part of Biden’s 2021 Bipartisan Infrastructure Deal, especially targeting people in rural areas.

Biden earmarked $65 billion toward the project, which was dolled out to states and federal departments to establish or improve the physical infrastructure to support internet access. As of September, more than 2.4 million previously unserved homes and businesses have been connected to the internet, and $50 billion has been given to grant programs that support these goals across the states.

Arellano said he thinks there’s still work to do with the physical broadband infrastructure before that promise is realized — “I think that should have come first,” he said.

“But I think as a legacy, I think breaching the digital divide is actually one of the strong — maybe not the strongest, but I would say it’s definitely a strong legacy that he leaves,” Arellano said.

Shaping the U.S. conversation about AI

During Biden’s presidency, practical and responsible application of artificial intelligence became a major part of the tech conversation. The 2023 AI Bill of Rights created the White House AI Council, the creation of a framework for federal agencies to follow relating to privacy protection and a list of guidelines for securing AI workers, for navigating the effects on the labor market and for ensuring equity in AI use, among others.

The guidelines put forth by the administration are subtle, and “not likely to be felt by the average consumer,” said Austin-based Alex Shahrestani, an attorney and managing partner at Promise Legal, which specializes in tech and regulatory policy.

“It was something that’s very light touch and essentially sets up the groundwork to introduce a regulatory framework for AI providers without it being something that they’re really going to push back on,” Shahrestani said.

In recent months, some federal agencies have released their guidelines called for by the AI Bill of Rights, including the Department of Labor, and The Office of Management and Budget, which outlines how the government will go about “responsible acquisition” of AI. It may not seem like these guidelines would affect the average consumer, Shahrestani said, but government contractors are likely to be larger companies that already have a significant commercial footprint.

“It sets up these companies to then follow these procedures in other contexts, so whether that’s B2B or direct-to-consumer applications, that’s like more of a trickle down sort of approach,” he said.

Sheena Franklin, D.C.-based founder of K’ept Health and previously a lobbyist, said Biden emphasized the ethical use and development of AI, and set a tone of fostering public trust and preventing harm with the AI Bill of Rights.

Franklin and Shahrestani agreed it’s possible that President-elect Donald Trump could repeal some of Biden’s executive orders on AI, but they see the Bill of Rights as a fairly light approach to regulating it.

“It was a really nuanced and effective approach,” Shahrestani said. “There’s some inertia building, right? Like a snowball rolling down the hill. We’re early days for the snowball, but it just got started and it will only grow to be a bigger one.”

The CHIPS act

Biden’s CHIPS and Science Act of 2022, which aimed to strengthen domestic semiconductor manufacturing, supply chains and the innovation economy with a $53 billion investment, is a major piece of his legacy, Franklin said. The bill centered on worker and community investments, and prioritized small businesses and underrepresented communities, with a goal of economic growth in the U.S., and especially in communities that needed support.

Two years after the bill was signed, the federal government, in partnership with American companies, has provided funding for semiconductor manufacturing projects that created more than 100,000 jobs and workforce development programs. The U.S. is on track to produce 30% of the world’s semiconductor chips in 2032, up from 10% today.

“He was really trying to position the U.S. as a global leader when it came to technology, because that industry is going to continue to grow,” Franklin said.

It’s hard to quantify what the lasting impact of the CHIPS act will be, but one immediate factor is computing, Shahrestani said. The AI models being developed right now have infinite abilities, he said, but the computing power had previously held the industry back.

“Being able to provide more compute through better chips, and more sophisticated hardware is going to be a big part of what provides, and what is behind the best AI technologies,” Shahrestani said.

Accountability for Big Tech

Many in the Big Tech community see Biden’s AI Bill of Rights, and its data privacy inclusions, as well as the Justice Department’s monopoly lawsuits against tech giants like Apple and Google, as hampering innovation.

Arellano is optimistic about the technological advances and innovation that the U.S. may see under a less regulation-focused Trump presidency, but he cautions that some regulations may be needed for privacy protections.

“My concern is always on the public side, you know, putting the dog on a leash, and making sure that our regulations are there in place to protect the people,” he said.

Franklin predicts that if Biden attempts any last-minute tech policy before he leaves office, it will probably be to pursue further antitrust cases. It would align with his goal of fostering competition between startups and small businesses and reinforce his legacy of safeguarding consumer interests, she said.

When she considered how to describe Biden’s tech legacy, Franklin said she nearly used the word “strength,” though she said he ultimately could have done a little bit more for tech regulation. But she landed on two words: “thoughtful and proactive.”

“Meaning, he’s thinking about everybody’s concerns,” Franklin said. “Not just thinking about the Big Tech and not just thinking about the consumers, right? Like there has to be a balance there.”

Body-worn cameras have become more common in the last decade, but Madison is an outlier. It’s the largest city in the Midwest that doesn’t use body-worn cameras.

The post Madison police chief discusses advocacy for body-worn cameras appeared first on WPR.

The National Highway Traffic Safety Administration (NHTSA) released a 190-page report that reviews laws across the U.S. detailing motorist requirements when passing stopped school buses.

State Laws on School Bus Passing was released as a Congress directive to NHTSA as part of the Infrastructure Investment and Jobs Act and researched laws in all 50 states, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands. This followed results earlier this year from the annual National Association of State Directors of Pupil Transportation Services (NASDPTS) illegal passing survey, which estimated over 43.5 million illegal school bus passes occurred during the 2022-2023 school year, prompting further review of state laws.

“Illegal passings of stopped school buses loading and unloading students in violation of these laws are frequent and can lead to serious pedestrian-involved crashes resulting in injury or death,” the report states.

The findings of the report included variability in state laws regarding illegal passing, different penalties for offenders, challenges in enforcement, as well as best practices and recommendations.

The report also detailed the history of illegal passing related legislation, which dates back 90 years. A section of the Uniform Vehicle Code was added in 1934 that required motorists to slow to “a speed which is reasonable and prudent … and in no event in excess of 10 miles per hour” when passing a stopped school bus. That law was modified several times and resulted in today’s general nationwide requirement across all states that flashing yellow or amber lights signals motorists of an upcoming stop while flashing red lights and an extended stop arm indicate that motorists make a full stop and remain stopped until the red lights cease and the stop arm folds and returns to the side of the bus.

NHTSA stated that recent changes in various state laws about whether motorists should stop for a school bus on the other side of a divided highway can cause issues. “Unfortunately, the lack of clarity and consistency in the presentation of these laws, particularly the provisions related to divided highways and the need to stop for a school bus on school property can be confusing,” the report stated.

Following research of state laws, NHTSA said it found that all U.S. jurisdictions “require a motorist to stop while overtaking from behind a stopped school bus regardless of the road type (undivided or divided).” The differing requirements were in cases where a motorist is approaching the stopped school bus from the front, with 42 states requiring motorists should also stop if approaching from the front on an undivided highway. Some states require a stop only if the undivided highway has a certain number of lanes, which continues to add to the lack of clarity and cohesiveness between states.

The effectiveness of illegal passing laws is discussed in depth in the NHTSA’s Reducing the Illegal Passing of School Buses: Best Practices Guide, which was referenced multiple times in the report. Findings from that guide included permitting citizen reports of violations, although this could lead to inaccurate reporting. Illegal passing incidents can be difficult to track for other reasons, including a lack of police presence in high violation areas, insufficient evidence, and issues with camera placement and operating.

Only 24 states or territories currently allow the use of cameras to enforce illegal passing, and of those 24 there are varying criteria about whether the driver’s face must be identifiable in the violation footage.

“While it is theoretically possible a wide variety of laws in a given state could impact stop-arm camera effectiveness, this study did not identify any documented evidence that other laws (i.e., statutes/legal code outside the VTL (Vehicle Traffic Law) pertaining directly to passing of stopped school buses) were impacting stop-arm camera effectiveness,” stated the report. “As the installation of stop-arm camera systems increases across the country, this situation could change.”

There are also differences regarding if a law enforcement officer must witness the violation, whether in person or via review of video footage. Many states were unclear whether direct law enforcement confirmation was required, while others permitted student transportation professionals or software technicians to witnesses. Only 24 state laws specify that a private citizen such as a school bus driver can be a suitable witness to a violation, resulting in enforcement.

Reiterating the importance of clear and unanimous requirements was the recurring theme of the report. “The lack of clarity in drafting the passing law provisions themselves, further compromises the ability of anyone, particularly the typical motorist, to understand these legal requirements,” NHTSA states.

Penalties for motorists convicted of illegally passing a school bus are also widely variable and are not always mandatory. In some states, the report notes, it is up to judicial distraction if the motorist will be penalized. The penalties can range from fines to misdemeanor charges, community service to driver improvement courses, license suspension to jail time. In some states, the violation could also be escalated to a felony if the incident results in serious injury or death. The report says that 26 jurisdictions have increased fines for illegal passing violations. Again, it was noted that there are specific regulations in each state that vary based on repeat violations, injuries, or worse.

NHTSA provided an individual report on each of the 54 U.S. jurisdictions that outlined what constitutes an illegal passing, how a violation can be reported and enforced and possible penalties for the motorists.

“As with many parts of the legal code, finding ways to standardize language and requirements across States could be beneficial to improve motorist understanding and possibly compliance with laws surrounding illegal passing of stopped school buses,” the report recommends.

The NHTSA guide looked at data from different states and territories, and it found that addressing illegal passing needs to be a “two-pronged” effort which brings together education of drivers, students and motorists along with effective, consistent enforcement of laws.

The NHTSA guide was encouraged as a resource that outlines program ideas to reduce illegal passing incidents, including strategies such as educational programs, high visibility enforcement and frequent, ongoing evaluations & research to find if current practices are “actually effective for reducing illegal passing of stopped school buses and the best methods to implement such programs.”

Related: NHTSA Releases Estimates on Traffic Fatalities
Related: Addy’s Law in Georgia, Targets Illegal Passers of School Buses
Related: 6 Student Deaths Reported in Latest School Bus Loading, Unloading Survey

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