Wisconsin Supreme Court Puts Hold on Case Examining Sheriffs’ Role in Immigration Detainers
A legal dispute concerning Wisconsin sheriffs’ collaboration with federal immigration authorities has been temporarily paused, as the Wisconsin Supreme Court awaits developments in federal court. This decision adds a new layer to an ongoing debate over immigration enforcement at the local level.
Originating from a lawsuit filed by the ACLU of Wisconsin on behalf of Voces de la Frontera, the case questions the legality of immigration detainers. These detainers are requests by U.S. Immigration and Customs Enforcement to hold individuals suspected of being in the country illegally for up to 48 hours beyond their release time.
The ACLU contends that these detainers do not provide local jails with the legal right to continue holding individuals past their scheduled release. The case was brought directly to the Wisconsin Supreme Court through an original action petition, which allows for a quicker review by bypassing lower courts. The court agreed to hear the case in December, marking a significant step in the legal process.
However, sheriffs’ attorneys from Walworth, Brown, Marathon, Kenosha, and Sauk counties sought to transfer the case to federal jurisdiction. This attempt was rejected in May by a federal district judge, who determined that the request was made too late. Following this setback, the attorneys appealed the decision and requested the Wisconsin Supreme Court to pause the case while the federal appeal proceeds.
The Wisconsin Supreme Court granted this request on Monday, issuing an order that temporarily halts the state court proceedings. This stay does not affect the current use of immigration detainers, which remain in practice as the legal battle continues.
