Wisconsin Supreme Court Takes Up ACLU ICE Detainer Suit

Madison, Wis. The Wisconsin Supreme Court, in a divided 4-2 vote, agreed on Wednesday to directly hear a lawsuit filed by the American Civil Liberties Union challenging the legality of local jails holding immigration detainees at the request of federal authorities.

The case, brought on behalf of Voces de la Frontera, a Milwaukee-based immigrant rights group, targets five county sheriffs in Walworth, Brown, Marathon, Kenosha and Sauk counties. These officials currently honor detainer requests from U.S. Immigration and Customs Enforcement, or ICE, which ask local jails to detain individuals for up to 48 hours beyond their scheduled release under state law. The purpose of such detainers is to allow federal agents additional time to assume custody of people suspected of being in the country without legal authorization.

The ACLU argues that complying with these requests amounts to an unlawful arrest under Wisconsin law. The group contends that ICE detainers rely on administrative warrants, not judicial ones, and that extending custody requires a court finding of probable cause. Wisconsin statutes, according to the lawsuit, prohibit civil arrests except in specific situations...