Wisconsin Supreme Court to Hear Case on Immigrant Detainee Policies

Fri Dec 05 2025 03:53:17 GMT+0200 (Eastern European Standard Time)

A divided Wisconsin Supreme Court has agreed to hear a case from the ACLU, challenging the legality of local jails holding immigrant detainees at the request of federal authorities. The lawsuit argues that this practice violates Wisconsin law and constitutes unlawful arrests.

The Wisconsin Supreme Court will analyze a case brought by the ACLU representing an immigrant rights group questioning the legality of local jails holding detainees based on ICE detainers. The case, directly accepted by the court, seeks to prevent local law enforcement from complying with federal immigration requests under specific legal grounds.

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 an immigrant rights group arguing that it is illegal for local jails to hold immigrant detainees at the request of federal authorities.

The Wisconsin lawsuit comes as federal agents have launched high-profile immigration crackdowns in cities including Chicago and Charlotte, North Carolina. Another operation is expected in Minnesota, targeting Somali immigrants. The enforcement tactics have been met with protests and lawsuits.

A majority of justices on the Wisconsin Supreme Court voted to take the ACLU case directly as an original action, rather than have it first work its way through lower courts. The court is controlled 4-3 by liberal justices.

Four justices, who were not named, voted to accept the case, while conservative Justices Annette Ziegler and Rebecca Bradley dissented. Justice Brian Hagedorn, who most often sides with conservative justices, wrote separately to discuss the process, but he did not reveal how he voted.

None of the justices discussed the merits of the case in the order agreeing to take it.

The court’s decision means there could be a final ruling in the case by the middle of 2026, far faster than if it first had to wind its way through lower courts. All briefs in the case are due within two months, and the court will set a date for oral argument sometime after that early next year.

The ACLU brought the lawsuit against five county sheriffs in September on behalf of Voces de la Frontera, an immigrant rights group based in Milwaukee.

“This is a historic step toward ensuring that Wisconsin’s law protects all residents, not just those with power and privilege,” said Christine Neumann-Ortiz, executive director of Voces de la Frontera. “Honoring ICE detainers has subjected hardworking immigrants to unlawful arrests for far too long.”

The lawsuit contends that it is illegal for local jails to hold immigrants on detainers sent by U.S. Immigration and Customs Enforcement to local sheriff’s offices. The lawsuit was filed against sheriffs in Walworth, Brown, Marathon, Kenosha and Sauk counties, all of which honor those requests.

In the first seven months of this year, ICE sent more than 700 requests to local jails across Wisconsin, asking them to hold someone 48 hours beyond when they were set to be released, the lawsuit contends. The ACLU wants the Wisconsin Supreme Court to prohibit sheriffs from holding people on ICE detainers, which are based on administrative warrants. Holding someone for extra time must be authorized by a judicial warrant, which the ACLU argues does not apply in these instances.