The column below reflects the views of the author, and these opinions are neither endorsed nor supported by WisOpinion.com.

The act of being present in the United States in violation of the immigration laws alone is not a violation of criminal law. Entering the United States without being inspected and admitted is a misdemeanor. While many believe “illegal alien“ suggests a criminal violation, this is not accurate.

Many undocumented immigrants entered legally but overstayed, worked without authorization, dropped out of school or violated the conditions of their visas in some way. Approximately 45% of undocumented immigrants did not enter illegally and are law-abiding contributors to their communities.

Undocumented presence in the United States is only criminally punishable if it occurs after an individual was previously formally removed and then returned without permission. Mere presence alone without a previous removal order and re-entry is not a crime under federal law.

An ICE administrative warrant is not reviewed by a judge or any neutral party to determine if it is based on probable cause. It is issued by an ICE officer based on a suspected immigration law violation and does not provide probable cause for criminal charges.

Originally ICE officers were trained to make stops based on “reasonable suspicion” and make arrests based on “probable cause.” They were required to submit a field operations worksheet to their supervisor before carrying out an arrest operation.

This policy has been discontinued to widen the dragnet on who could be detained and deported. ICE now chooses to seize those who look Latino, speak Spanish or work in low-wage jobs and place them immediately in detention.

Once in detention, they can be disappeared within the system without regard to legal due process. Since ICE has been charged with deporting one million immigrants annually, detaining the innocent who look or speak differently is a shortcut to the deportation goal.

Many of those in detention have no criminal record, with most being held solely for civil immigration violations. Many of these detainees have lived here for years as model citizens and contributors to their communities.

Immigrants deserve the protections of their local law enforcement agencies, not to be victimized by the denial of constitutional safeguards afforded the rest of us living in this nation.

– Hanson, of Elkhorn, is a member of the Walworth County Democratic Party.