Immigration Detention and Disappearing Due Process: Why It Matters for Wisconsin

Immigration Detention and Disappearing Due Process: Why It Matters for Wisconsin

Immigrant Rights Are Human Rights
Type: 
Blog Post

Recent reports show that immigration enforcement in the United States has expanded far beyond its original focus on individuals with criminal convictions. Today, people with no criminal history, including those with pending applications for legal status, are being detained and sometimes deported without warning. These actions raise urgent questions about fairness, accountability, and the future of due process in America. For Wisconsin voters, this is not a distant issue. It is happening to families connected to our communities.

Camila’s Story

Camila Muñoz and her husband traveled to Puerto Rico to celebrate their honeymoon. Puerto Rico is a U.S. territory, so their trip was domestic and did not require a passport. Despite this, Muñoz was detained by immigration officials when they returned. Her only violation was overstaying her student visa during the COVID pandemic, an administrative issue under immigration law, not a crime.

What followed was deeply troubling. For nearly a week, Muñoz’s name did not appear in ICE’s public system. Her husband and lawyer had no way of knowing where she was or how to reach her. She was transferred without warning, leaving her family terrified and powerless.

This case, reported by USA Today, is not an isolated case. Muñoz had already completed the paperwork to apply for permanent residency, yet the government still detained her.

A Broken System

Muñoz’s case reflects a larger pattern. Current law allows people to be detained even while their applications are under review. This means immigrants who are married to U.S. citizens, who have no criminal record, and who are following the legal process can still be locked up indefinitely, hidden from their families and legal counsel. Lawyers have at times been denied access to their clients or were not even informed of their clients’ whereabouts after sudden transfers. Without a clear record, people can be deported to another country with no paper trail, leaving families and communities desperate for answers.

These practices strip people of due process. When someone disappears into the system, they have no way of knowing how long they will be held or where they will be sent. This is not how justice is supposed to work in a democracy.

Who Is at Risk?

Anyone who is not a U.S. citizen or permanent resident is at a higher risk of being detained by ICE. Even those who have lived in this country for years, who have jobs, families, and community ties, can be taken away without warning. Airports have become easy targets, where officials can detain multiple people at once simply by checking immigration status. By contrast, going after individuals with criminal convictions takes more time and resources, sometimes involving up to six agents for a single arrest. In addition, Black and Brown U.S. citizens face a higher likelihood of being racially profiled and discriminated against, as do people who speak languages other than English or who have certain accents.

Wisconsin’s Connection

Wisconsin has no ICE detention centers. Instead, noncitizens are housed in county jails before being transferred to facilities in other states. Milwaukee does have a processing center, which means residents can be detained here and then quickly moved out of state. Families often have no idea where their loved ones are sent. This makes it nearly impossible to access legal support or basic rights guaranteed under the Constitution.

Modern Immigration and the DEI Lens

Modern immigration enforcement cannot be separated from questions of diversity, equity, and inclusion. Systems that deny people knowledge of their own detention status or access to legal counsel are not equitable. Everyone deserves fair treatment under the law, and when that principle is ignored, it creates a two-tier system of justice that undermines the very foundation of democracy.

When families fear that loved ones might vanish without explanation, it erodes trust in civic institutions and weakens community bonds. Communities thrive when all residents feel safe to participate in schools, workplaces, public life, and the criminal justice system. Stripping people of their security and dignity does the opposite, fostering fear and isolation.

Wisconsin’s immigrant communities enrich our state in countless ways. They bring cultural vitality, strengthen our economy, and contribute to our workforce. Protecting due process safeguards their ability to participate fully in our shared civic life, ensuring that Wisconsin remains a place where fairness and justice are extended to all.

Why This Matters

Due process is not optional. It is a cornerstone of American democracy. When people can be detained indefinitely, transferred without notice, and effectively disappeared from public record, the values of fairness and justice are undermined. Let’s call it for what it is – kidnapping – sanctioned under the guise of immigration enforcement.

This is not just about immigrants. If the government can detain one group of people without transparency or accountability, it erodes protections for everyone. Wisconsin voters should care because protecting due process safeguards the integrity of our entire legal system.

How to Support Fairness and Justice

  • Learn more about how immigration enforcement operates and its impact on families in Wisconsin.
  • Support families directly through resources - Camila Munoz’s GoFundMe [https://gofund.me/3183822f].
  • Contact your Wisconsin legislators and demand that they defend due process rights. Everyone deserves transparency, accountability, and fair treatment under the law.

Immigrants are part of Wisconsin’s communities. They are our neighbors, friends, and strengthen our democracy. When they are detained without due process, it weakens the rights and protections that keep all of us free. Protecting fairness and justice is not partisan. It is essential to the future of our democracy and aligns with the League of Women Voters’ commitment to defending civil liberties, promoting equity, and ensuring government accountability.

The League of Women Voters of Wisconsin is committed to advancing diversity, equity, and inclusion in all areas that shape the lives of individuals, families, and communities. As immigration enforcement intensifies across Wisconsin and the nation, recent developments raise profound concerns about the erosion of due process, the destabilization of communities, and the violation of basic human rights.

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Wisconsin