'I have done nothing wrong': Gov. Evers defends ICE memo, responds to latest arrest warning by Trump admin

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WEST BEND, Wis. (CBS 58) -- The White House 'border czar' is doubling down on his warning to Wisconsin Governor Tony Evers after suggesting last week he could be arrested over a workplace immigration policy.

On Tuesday, Gov. Evers reiterated he believes there was nothing illegal about a memo sent to state employees directing them to not talk to federal immigration officers without having an attorney present.

"I have done nothing wrong," Evers told reporters in West Bend. "It's clear that the memo doesn't prevent ICE from doing anything that they would normally do."

Tom Homan, known as President Donald Trump's "border czar," again alluded yesterday that Evers could face criminal charges over the guidance.

"Anyone can be prosecuted for violating the laws, including him," Homan told Fox News on Monday.

It marked the second time Homan talked about potential consequences against the Democratic governor after saying last week "wait to see what's coming" when he was asked about Evers guidance.

"Well, there's no threat," Homan said on Fox. "What I simply said, wait and see what happens."

"I've said from day one, you can support sanctuary cities, you cannot support ICE if that's what you choose to do, but if you cross that line on impeding our law enforcement efforts or knowingly harboring or concealing an illegal alien from ICE, those are felonies, and we will seek prosecution."

The memo at issue directs state workers not to answer questions, including when a warrant is presented by an ICE agent without legal counsel, nor allow federal agents to access computers, files or non-public areas at state buildings.

Evers said he's unaware of any undocumented migrants working for the state, but said they issued the guidance after some workers asked about how to interact with ICE amid the Trump administration ramping up deportations.

"Not that I can think of," Evers said when asked about undocumented state workers. "I can't guarantee that, but not that I know of. We have undocumented people by the tens of thousands milking cows every day in Wisconsin and if Donald Trump decides to take them out, I can guarantee that Wisconsin is going to look like a different place."

Republican lawmakers have asked Evers to rescind the guidance, arguing it "impedes the work of federal authority

Evers guidance has drawn swift backlash from Republicans. Last week, GOP lawmakers asked Evers to rescind the guidance, arguing it "impedes the work of federal authorities"

Howard Schweber, a political science professor at University of Wisconsin-Madison who's taught courses on constitutional law, said he believes Evers' memo is not a violation of law.

"I would say just in terms of the way the memo is written, it's a stretch," Schweber told CBS 58 on Friday. "The only thing the memo suggests, it requires is that state employees consult with counsel, legal officials, before taking actions or turning over materials."

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