GOP would force sheriffs to work with ICE

State Rep. Jim Piwowarczyk and Republican colleagues have introduced legislation requiring county sheriffs to verify the citizenship status of individuals arrested for felonies and inquire with U.S. Immigration and Customs Enforcement if the status is unclear.

The legislation also requires that, if ICE issues a detainer, the sheriff must hold the individual for up to 48 hours for federal action.

Piwowarczyk (R-Hubertus) says the bill would enhance cooperation between local law enforcement and U.S. Immigration and Customs Enforcement (ICE) to enhance public safety. Democrats, however, say the legislation would divert scare law enforcement resources needed to keep communities safe. 

“As a former law enforcement officer, I know how crucial it is to keep dangerous individuals off our streets,” Piwowarczyk said. “This bill ensures that when we have the opportunity to hold someone pending federal action, we do so to protect our communities.”

In addition, the legislation mandates that sheriffs track the number of unlawfully present individuals and their crimes and imposes financial penalties on local governments that refuse to cooperate with ICE. Additionally, sheriffs must seek reimbursement from the federal government for any costs associated with holding individuals on detainers.

“It’s disappointing that Gov. Evers is prioritizing political agendas over the safety of Wisconsin families,” Piwowarczyk said. “By refusing to support this common-sense legislation, he is letting dangerous individuals remain in our communities.”

Piwowarczyk said the bill comes after concerns about non-compliance by some local jurisdictions, including Dane County and Milwaukee County, which he says have limited cooperation with ICE. In 2024, ICE issued nearly 150,000 detainers for noncitizens with criminal histories, highlighting the importance of law enforcement cooperation for public safety, the lawmaker said.

Assembly majority leader Tyler August (R-Walworth) said the bill would allow state law enforcement to work hand-in-hand with the Trump administration.

“Republicans will look to partner with President Trump to ensure local law enforcement all across Wisconsin are working with the federal government to remove criminals from our communities that are here illegally,” August said. “Quite frankly, most people would probably be shocked that felons who are here illegally are being released into our communities. These criminals are not the types of individuals we want on our streets.”

Under Trump’s leadership, August said, the federal government has ramped up the efforts of ICE to pursue and deport criminals: In 2024 alone, ICE arrested over 80,000 illegal aliens with criminal histories nationwide, which included over 57,000 assaults, 18,000 sexual assaults, and nearly 3,000 homicides, August said.

“Due to the failure of the Biden administration to enforce our border, we are left with a significant public safety crisis to address,” he said. “There are certain law enforcement officials in Wisconsin who have not been cooperating with federal officials. We need all law enforcement to detain these criminals to ensure Wisconsinites’ safety.”

Rep. Scott Krug, the assistant majority leader, said that, thanks to new leadership in federal government, the United States is once again putting its citizens’ safety and well-being first.

“Enforcing immigration law, protecting our border, and addressing illegal immigration are basic requirements that Americans want and deserve,” Krug said. “The legislation we introduced will ensure those enforcement efforts are effective here in Wisconsin.”

Specifically, the bill requires sheriffs in Wisconsin to request proof of legal presence status from individuals who commit a felony and are held in a county jail. It also mandates that sheriffs comply with detainers and administrative warrants issued by the Department of Homeland Security. Failure to comply results in a loss of shared revenue funding for that county.

“It’s shocking that here in Wisconsin there are folks who would use positions of authority to actively thwart the removal of criminal illegal immigrants from our communities,” Krug said. “Abuse, sexual assault, deadly drunk driving, and other violent crimes committed by people who should not be here is not a status quo we can allow. The legislation combatting illegal immigration we put forth puts Wisconsin First.”

Dangerous diversion

Democrats and progressives opposed the legislative proposal, claiming it would divert already scarce law enforcement resources to enforce what they call Trump’s extreme and inhumane immigration policies.

State Rep. Angelina Cruz (D-Racine) said the state has for years asked local communities and law enforcement to do more with fewer resources. 

“It is deeply troubling that some would now threaten to cut funding from vital services for a political stunt,” Cruz said. 

Cruz said the proposed legislation would penalize law enforcement agencies that do not comply, standing in stark contrast to Democratic legislation introduced last week that she says seeks to protect Wisconsin communities from federal actions and would safeguard the constitutional rights of individuals, prohibiting state agencies from using state funds to detain individuals based solely on their immigration status.

“My grandparents came to Racine as migrant farm workers — just as so many hardworking individuals are being demonized today, despite the crucial role they play in keeping our economy running,” Cruz said. “Instead of targeting people simply because they weren’t born within our borders, we should be offering a path to citizenship, improving workplace conditions, ensuring fair wages, and providing access to education and the right to organize.”

Cruz said all people must be treated with dignity and respect.

“You can’t claim to love this country — a nation built by immigrants — while simultaneously attacking those same immigrants,” she said.

The ACLU of Wisconsin said the would bill require county sheriffs to do ICE’s bidding.

“LRB-0779 aims to remove local sheriffs’ discretion and force them to collaborate with U.S. Immigration and Customs Enforcement (ICE) hand in glove, regardless of its impact on the community, taxpayers, the state economy, or public safety,” Wisconsin ACLU executive director Melinda Brennan said. “Under threat of losing funding for essential services in their counties, this legislation would require local sheriffs to investigate the citizenship status of anyone confined in jail for felony allegations and force county sheriffs to honor voluntary ICE detainer requests for anyone in the jail regardless of the allegations.”

In addition, Brennan said, any person who invokes their Fifth Amendment right to remain silent must be reported to ICE under the bill, as must anyone who cooperates but fails to have access to the specific documents listed in the bill.

“This bill sends the wrong message,” she said. “It sends the message that local law enforcement should take on the additional tasks and risks of immigration status investigations. It will encourage xenophobic sheriffs to investigate the status of not just persons accused of serious crimes but of anyone who enters their custody.”

County sheriffs and local police departments should not be forced to act as an extension of ICE’s mass deportation machine, Brennan said.

State Rep. Ann Roe (D-Janesville) called the bill non-serious.

 “If passed, this legislation would divert scarce resources away from more pressing priorities, encourage disorder and fear, and reduce public safety,” Rose said. “When people fear that local law enforcement may detain, deport, or arrest them because of their citizenship status, they become less willing to come forward to report a crime or serve as witnesses, making everyone less safe.”

Gov. Tony Evers has stated he will veto the bill if it lands on his desk. 

Richard Moore is the author of “Dark State” and may be reached at richardd3d.substack.com.