A warning on illegal immigrants

A stepped-up federal crackdown on incarcerated illegal immigrants could swamp Dane County ’s court system, a Madison lawyer is warning.

Anthony Delyea has threatened to resign from the Criminal Defense Project, a county program that provides legal counsel for defendants who don ‘t qualify financially for a public defender, unless the county changes its policy of reporting undocumented inmates to Immigration and Customs Enforcement.

Delyea has three cases going to trial Monday involving defendants who typically would accept plea bargains and reduced jail sentences.

But recent fears in the Hispanic community that even a short jail sentence could mean deportation have led more illegal immigrants charged with crimes such as drunken driving to opt for a lengthy trial, Delyea said.

The county pays Delyea $325 per misdemeanor case and $500 plus $40 an hour per court appearance for felony cases. Delyea said less than 5 percent of the 40 to 50 cases in the program each year go to trial. But if more of those cases go to trial, he wouldn ‘t be able to participate in the program because those cases would take up too much of his time.

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A warning on illegal immigrants
Wisconsin State Journal