Dane County deadly crash used as lightning rod over illegal immigration

MADISON, Wis. (WMDX) – The Dane County Sheriff will not release an alleged drunk driver, charged in a crash that ultimately killed two teens, to Immigrations and Customs Enforcement. The sheriff said she should face justice before being sent home on taxpayers’ dime. That’s put the department in the center of the debate over illegal immigration.

The Case

It started with a deadly crash. A suspected drunk driver caused a collision with another vehicle July 20 on Interstate 39/90/94 in the town of Vienna, according to the Dane County Sheriff’s Office. Two Minnesota teens in the other car, 19-year-old Brady Heiling and 18-year-old Hallie Helgeson died from their injuries. 

Noelia Martinez, 30, was arrested for the crash. The sheriff’s office said her blood alcohol content was measured at .208, over double the legal limit to drive. Martinez is now facing nine charges, including two counts of homicide by intoxicated use of a vehicle. 

This is her second drunk driving offense. She was arrested in 2020, and required to use an ignition interlock device. It was not installed at the time of the crash. First-offense Operating While Intoxicated charges are not crimes under the Wisconsin legal system. It’s the only state in the nation where a first OWI offense is considered a civil matter, and not punishable by jail time. 

ICE requests a detainer

After her arrest, U.S. Immigrations and Customs Enforcement asked the Dane County Sheriff’s Office to place a detainer on Martinez. She is in the country illegally, which is a civil offense, not a criminal one. Under a detainer, if Martinez made bail, the Dane County Sheriff’s Office would have kept her in custody so ICE could start the process to deport her. 

Dane County does not honor detainer requests. They are optional, and not legally binding. An arrest warrant signed by a judge is a legal order. 

“An administrative warrant is not an arrest warrant, and the arrest warrant is what’s needed to take someone into custody,” Dane County Sheriff Kalvin Barrett told Civic Media. “As for ICE, if they want someone, they should get an arrest warrant signed by a judge, provide it to the Dane County sheriff’s Office, and we will hold that individual based off of that arrest warrant. But what we won’t do is violate people’s constitutional rights for an administrative warrant. That’s not gonna happen.” 

The Backlash

That set off conservative criticism. 

Wisconsin congressman Tom Tiffany posted multiple times on X about the case. “Sheriff Barrett called me a LIAR when I warned Dane County’s sanctuary policies put lives at risk,” read one of them. 

Department of Homeland Security Assistant Secretary Tricia McLaughlin called Dane County a sanctuary community. “When sanctuary jurisdictions ignore ICE detainers, they are protecting criminal illegal aliens at the expense of American citizens,” a statement read. 

McLaughlin also lamented that Martinez “was released back into the community” after her first OWI in 2020. Under Wisconsin law, jail time is impossible for a first OWI offense. The state is known for some of the most lax drunk driving laws in the country, ranked 44th in the nation by advocacy group Mothers Against Drunk Driving. 

Josh Schoemann and Bill Berrien, Republican candidates for governor, have also made this an issue in their campaign.

Meanwhile, a growing number of County Sheriffs in Wisconsin are cooperating with ICE. A report from the ACLU of Wisconsin earlier this week found that the Sheriffs of Kewaunee, Outagamie, Washington, Waupaca, Winnebago, and Wood Counties had agreed to participate in the 287(g) program earlier this year.

“This is about the process, not politics”

Sheriff Kalvin Barrett said he wasn’t surprised to get criticism for not honoring the detainer.

“It’s typical, right? It’s very typical,” Barrett said. “I appreciate the opportunity to provide the specifics of it. I do know that there are extremes, and those that are on the extreme side of this are gonna believe what they want no matter what. But I do know there’s a significant amount of people that are in the middle that are gonna listen to this, and move towards understanding really what this is about, and not be jaded by the political theatrics of this.”

He said if ICE abides by the U.S. Constitution and gets a warrant for Martinez, of course he’d keep her in custody for deportation. 

Sheriff: Deporting driver before trial would be “setting [her] free” 

Barrett hopes ICE allows Martinez to face trial, and potentially serve prison time, here in the United States. 

“It would be very tragic for that to happen,” Barrett said. “If ICE were to deport anyone before they go to court and they’re found guilty for their crimes and they’re sentenced, we’re taking them back to their country, paid for by the taxpayers, and we’re setting them free … we want to make sure that we’re providing justice and closure for the families here first. Then the federal agents can come in and do what they want.” 

Martinez’s next court date is September 22.