MADISON—The Wisconsin Supreme Court announced today that it will hear a case filed by the ACLU of Wisconsin on behalf of the immigrant rights group Voces de la Frontera, which seeks to determine whether the practice of Wisconsin jails honoring ICE detainers is illegal.
A press conference about the Supreme Court’s decision to take up the case is planned for today, Wednesday, December 3, at 4 p.m. at the Voces De La Frontera office, 733 W. Historic Mitchell St., Milwaukee.
The lawsuit contends that honoring an ICE detainer constitutes an arrest, and Wisconsin law enforcement does not have the authority to make arrests based solely on ICE's civil administrative “warrants.” The suit names five Wisconsin county sheriffs' offices—Walworth, Brown, Kenosha, Sauk, and Marathon—as respondents.
"We are grateful that the Wisconsin Supreme Court has agreed to hear our petition asking it to rule that Wisconsin sheriffs have no legal authority to collaborate with ICE by honoring detainer requests,” said ACLU of Wisconsin Senior Staff attorney Tim Muth.
“ICE continues to send hundreds of these detainers to Wisconsin jails, and people throughout the state are being illegally held for days so that ICE can pick them up. ICE sends detainers even for people who have never been convicted and only have minor charges pending in Wisconsin courts. Sheriffs are overstepping their authority under Wisconsin law by honoring ICE detainers, regardless of whether they operate under a 287(g) agreement with ICE or not."
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