MADISON, Wis. (AP) — A divided Wisconsin Supreme Court on Wednesday agreed to take a case brought by the American Civil Liberties Union on behalf of the immigrant rights group Voces de la Frontera. This case is centered on the legality of local jails holding immigrant detainees at the request of federal authorities.
The lawsuit emerges as federal agents escalate immigration crackdowns in various cities, including Chicago and Charlotte, North Carolina. Additional operations are anticipated in Minnesota, particularly targeting Somali immigrants, which have provoked protests and legal challenges across the nation.
The Supreme Court's decision to accept the ACLU case for direct review, avoiding lower courts, could lead to a final ruling by mid-2026. Currently, the court leanings show a 4-3 majority of liberal justices, with the dissent from conservative justices Annette Ziegler and Rebecca Bradley.
While the justices did not discuss the case's merits in their order, the ACLU argues that local compliance with ICE detainers results in unlawful arrests, thereby violating Wisconsin law. “This is a historic step toward ensuring that Wisconsin’s law protects all residents, not just those with power and privilege,” stated Christine Neumann-Ortiz, the executive director of Voces de la Frontera.
The lawsuit specifically challenged the actions of sheriffs in five counties that routinely honor ICE detainer requests. These honor agreements mean that detainees can be held for an additional 48 hours past their scheduled release times, thereby facilitating ICE's enforcement actions.
The sheriffs involved maintain they are within their rights under current laws. They expressed confidence that the legal framework for ICE detainers aligns with state and federal enforcement regulations. They had initially preferred to work through lower court proceedings, viewing the matter as complex and nuanced.
The ACLU contends that the enforcement of ICE detainers, which are administrative and lack judicial warrants, represents an illegal extension of detention periods beyond what is legally permissible. This contention supports their position that such practices govern the civil enforcement of immigration laws incorrectly.
Republican legislators supportive of stronger immigration enforcement are pursuing legislation to penalize counties that do not comply with ICE requests, though a veto from the Democratic governor, Tony Evers, is likely should the bill progress through the Senate.
