MADISON, Wis. — A push to require county sheriffs in Wisconsin to help U.S. Immigration and Customs Enforcement (ICE) identify people living in the country illegally got another public hearing on Tuesday. 

This time, it was the Senate’s turn to hear feedback.

What You Need To Know

  • Lawmakers in the Wisconsin Senate heard public testimony on Tuesday regarding a proposal that would require sheriffs to help identify people living in the country illegally

  • Under the proposal, sheriffs would have to request proof of legal status from those who are being held in jail on felony charges
  • Sheriffs would also need to comply with federal detainer warrants by holding unauthorized immigrants longer, while Immigration and Customs Enforcement investigates them

  • The bill already passed the Assembly but would face a veto from Gov. Tony Evers if it clears the Senate

The idea was introduced earlier this year as the White House ramped up efforts to make good on President Donald Trump’s campaign promise of mass deportations.

With that being the case, there has been no shortage of controversy behind the proposed change as Tuesday’s public hearing turned tense at times, with Democrats arguing the bill amounts to a slippery slope.

“I don’t trust you with what this bill does. It says felonies but people are going ahead, and they are being arrested that don’t have felonies,” State Sen. Tim Carpenter, D-Milwaukee, told the authors of the bill.

Under the Republican-backed proposal, sheriffs would have to request proof of legal status from those who are being held in jail on felony charges.

Those who can’t prove their citizenship would be reported to the U.S. Department of Homeland Security.

“I would hope that people are honest about what this bill does and who this bill actually applies to,” State Sen. Julian Bradley, R-New Berlin, responded. “That would help quite a bit, I think, with that fear.”

Sheriffs must also comply with federal detainer warrants by holding unauthorized immigrants longer, while Immigration and Customs Enforcement investigates them.

If sheriffs don't follow the law, should it become one, their county could lose as much as 15% of shared revenue funding paid from the state.

“I’m curious as to why the Dane County Sheriff, in 44 occasions, felonies, did not comply with the ICE detainer,” State Sen. Steve Nass, R-Whitewater, asked during Tuesday’s hearing. “I don’t know what the reason is that he did not comply, he took an oath.”

Dane County Sheriff Kalvin Barrett, who wasn’t at the hearing, told Spectrum News unlike judicial warrants that require probable cause, administrative warrants from federal agencies, including ICE, are far more limited.

“ICE is a federal law enforcement agency. They have access to our records, and they know who is in our custody at all times,” Barrett explained. “If they want someone, they can come and get them, but to ask us to hold someone past their release date is unconstitutional.”

With that being the case, Barrett said detaining someone longer than necessary without probable cause would violate the Fourth Amendment.

Barrett also believes the bill amounts to an unfunded mandate.

“If someone is committing a crime, they will be held responsible, and accountability will take place regardless of their citizenship,” Barrett added. “We are talking about additional duties, additional enforcement on behalf of a federal agency.”

While state law doesn’t require local law enforcement to investigate a person’s immigration status during an arrest, 12 Wisconsin counties already have partnership agreements with ICE. Those counties include Brown, Fond du Lac, Manitowoc, Marquette, Outagamie, Sheboygan, Washington, Waukesha, Waupaca, Waushara, Winnebago and Wood. Walworth County also has a pending agreement.

Lawmakers in the Assembly already passed the proposal in March. If it gets committee approval, the measure will go to the Senate floor.

However, Gov. Tony Evers’ office has already vowed to veto the measure if it reaches his desk.

Related Stories