Bill requiring sheriffs to cooperate with ICE gets public hearing

Republican supporters of a bill requiring sheriffs to cooperate with ICE say it would make Wisconsin safer, while opponents say it raises civil rights concerns and would erode trust in law enforcement among members of migrant communities.

Under the bill, sheriffs would have to notify Immigration and Customs Enforcement if people held in county jails on felony charges can’t produce citizenship documents such as a U.S. passport, a notarized birth certificate or a visa. Departments would also be required to hold individuals in jail, even for lesser charges, if ICE sends a detainer request. If sheriffs do not comply, their counties’ shared revenue funds would be cut by 15 percent.

During a Wednesday public hearing before the state Assembly Committee on Criminal Justice and Public Safety, bill co-author state Sen. Julian Bradley, R-New Berlin, said the legislation is focused on making it easier to remove dangerous criminals from Wisconsin communities.

“It’s shocking to think that a handful in law enforcement and our government would rather protect felons than work with our federal partners to stop the flow of crime and drugs into our neighborhoods,” Bradley said.

He and other Republicans at the hearing called out sheriffs in Milwaukee and Dane counties for ending cooperative agreements with ICE.

When the bill was introduced in early February, Dane County Sheriff Kalvin Barrett issued a statement saying the bill “undermines local authority and could have serious consequences for effective law enforcement.”

“It is not the state legislature’s role to dictate how law enforcement does its job,” Barrett said. “Public safety decisions should be made by those who understand the complexities of policing and the unique needs of our communities.”

Assembly Speaker Robin Vos, R-Rochester, another of the bill’s coauthors, pushed back on claims that the bill is an example of the Wisconsin Legislature usurping local control with an unfunded mandate. He said running an inmate’s name through a database won’t burden sheriff’s departments.

As for threatening counties with a loss of state funds, Vos cited a shared revenue deal passed in 2023, which increased local aid while requiring Milwaukee Public Schools to bring back school resource officers beginning Jan. 1. MPS missed the deadline and a Milwaukee County judge ordered the district to comply by Thursday. Vos said not including a penalty in the shared revenue bill “was a mistake.”

“This should be a broad, bipartisan bill, and if you don’t want to enforce it, there has to be a penalty,” Vos said. “So, I would hope that we would look and say the goal is to have no one ever have to have a penalty. That should never have to happen if you follow the law.”

American Civil Liberties Union of Wisconsin Advocacy Director Amanda Merkwae testified that the bill  forces local law enforcement officers to become “tools of mass deportation under threat of losing shared revenue funding for essential county services.”

While Republican lawmakers reiterated the bill is focused on inmates accused of committing felonies, Merkwae said it would also require sheriffs to hold “anyone in jail for 48 hours” after they should have been released if ICE requests a detainer “no matter what crime they are accused of committing.”

Along with immigration advocates at the hearing, Merkwae cited concerns about civil rights violations. She said news of the legislation would sow district of law enforcement in migrant communities.

“Ultimately, by removing sheriffs discretion, this bill undermines community safety by diminishing trust in law enforcement and just anyone who may be presumed to be foreign,” Merkwae said. “Everyone’s safety, including citizens, is put in jeopardy when victims and witnesses don’t feel safe coming forward with critical information about crimes committed against them.”

The bill is supported by the Wisconsin Sheriffs and Deputy Sheriff’s Association and Badger State Sheriff’s Association, though the groups issued a joint letter to lawmakers stating, “we firmly believe that immigration enforcement is fundamentally a federal issue that should be addressed at the federal level.” It continued, saying reporting requirements in the bill could “place further strain” on departments with limited staff.

“Additionally, we are concerned about the financial implications of the shared revenue penalty provisions, which could have unintended consequences for county budgets and, ultimately, local public safety efforts,” the letter states.

The ICE bill is opposed by groups like the ACLU of Wisconsin, Wisconsin Counties Association and Wisconsin Education Association Council.

Democratic Gov. Tony Evers has promised to veto the legislation.