Federal officials are using a new weapon to target a violent Hispanic street gang on Milwaukee's south side: immigration

Gina Barton:

The Mexican Posse has been gaining strength since its members started organizing in Milwaukee in 1997 or 1998, according to Gary Graika, director of the Milwaukee Violence-Free Zone at the Latino Community Center.

"Today, the Mexican Posse may be the largest and potentially most notorious gang on the south side," said Graika, who has worked with gangs and gang diversion programs in the city for years.

Twenty-one of the Mexican Posse's local members were rounded up earlier this year as part of Operation Community Shield, a national initiative led by the U.S. Bureau of Immigration and Customs Enforcement. In the past, Milwaukee gang roundups - such as the one that temporarily decimated the Latin Kings - have led to complex trials based on federal racketeering laws. This time, authorities have started by arresting gang members for being in the country illegally, then charging them with misdemeanors.

The charges, though minor, could have benefits for law enforcement if the defendants commit more crimes in the future. At every sentencing hearing in federal court, the judge must consider past criminal history. The more extensive the criminal record, the longer the punishment for the new offense. Also, immigrants who re-enter the United States after having been deported previously may be charged with a new felony just for coming back. The maximum sentence for that crime ranges from two years to 20, depending on the defendant's criminal record.

Faced with implementing Operation Community Shield, federal officials here chose to focus their limited resources on "individuals the Milwaukee Police Department had associated with gang activity," said U.S. Attorney Steven M. Biskupic.

Shortly after the 21 were arrested, the prosecution ran into a pitfall. The men were arrested on the authority of immigration officials and detained because of their illegal immigrant status. Then, the U.S. attorney's office charged them by information with eluding examination and inspection by immigration officers - essentially, sneaking into the country without being questioned by the border patrol. At first, a magistrate judge threw out the charges against six of the men because prosecutors had not shown probable cause. On appeal, however, a U.S. District judge reinstated the charges because no sworn statement of probable cause is required for the misdemeanor offense.

If convicted, the defendants will serve up to a year in prison before being sent back to Mexico. Even if they are acquitted, they will likely be deported.

Unlike more traditional gangs, it is hard to figure out who is calling the shots in the Mexican Posse, Graika said.

"The hardest thing is their hierarchy and leadership are not known," he said. "It's not even known if they have one."

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