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Immigration

By: Derek Hawkins//April 18, 2016//

Immigration

By: Derek Hawkins//April 18, 2016//

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WI Court of Appeals – District I

Case Name: Voces De La Frontera Inc. et al v. David A Clarke Jr

Case No.: 2015AP1152

Officials: Kessler, Brennan and Brash, JJ

Focus: Immigration

Milwaukee County Sheriff David A. Clarke, Jr., (“Sheriff Clarke”) appeals the trial court’s grant of a writ of mandamus to produce unredacted immigration detainer forms (“I-247”) received from U.S. Immigration and Customs Enforcement (“ICE”) Sheriff Clarke argues that Wisconsin’s open records law, WIS. STAT. §§ 19.31-19.37 (2013-2014), does not require disclosure of the redacted portions of twelve detainer forms at issue here because: (1) federal law, 8 C.F.R. § 236.6, specifically exempts disclosure of the redacted portions, and/or (2) non-disclosure is favored by the factors of the balancing tests set forth in Linzmeyer v. Forcey, 2002 WI 84, 254 Wis. 2d 306, 646 N.W.2d 811, and Woznicki v. Erickson, 202 Wis. 2d 178, 549 N.W.2d 699 (1996). Voces de la Frontera, Inc. (“Voces”) argues that: (1) the federal exemption to disclosure does not apply here because the jail inmates in question were not in federal custody, and (2) the balancing test factors compel disclosure of the redacted portions, especially given Wisconsin’s very strong legislative statement of intent and public policy favoring disclosure. We agree with Voces and affirm the trial court.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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