Wisconsin Supreme Court to Review Immigration Detainer Case

Fri Dec 05 2025 08:54:26 GMT+0200 (Eastern European Standard Time)

The Wisconsin Supreme Court has agreed to hear a case challenging the legality of local jails holding immigrant detainees at the request of federal authorities. The American Civil Liberties Union is advocating for a prohibition against these detentions, which they argue violate state law.

The Wisconsin Supreme Court is set to directly address a case from the ACLU, representing immigrant rights group Voces de la Frontera, questioning the legality of local jails detaining immigrants on federal ICE requests. The court's decision to take on the case bypasses lower courts, suggesting a potential ruling by mid-2026. The lawsuit argues that honoring ICE detainers subject immigrants to unlawful arrests, a sentiment echoed by Voces de la Frontera's executive director.

The Wisconsin Supreme Court announced it will hear a significant case regarding immigration detention practices, responding to a lawsuit by the American Civil Liberties Union (ACLU) on behalf of the immigrant rights group Voces de la Frontera. The case questions the legality of local jails holding detainees at the request of federal immigration authorities, specifically the U.S. Immigration and Customs Enforcement (ICE).

The lawsuit, filed against sheriffs from five counties, claims that current practices violate state law. It comes amid increasing federal immigration enforcement actions in various cities across the United States, which have sparked protests and legal challenges.

The court will handle this case directly instead of moving it through the lower court systems, which indicates a quicker resolution, potentially reaching a decision by mid-2026. All briefs for the case are due within two months, followed by oral arguments set for early next year.

Voces de la Frontera's executive director, Christine Neumann-Ortiz, highlighted the implications of the case, stating, 'This is a historic step toward ensuring that Wisconsin’s law protects all residents, not just those with power and privilege.' The group contends that ICE detainers have led to unlawful arrests of many hardworking immigrants.

The ACLU claims that the practice of honoring ICE detainers constitutes an illegal arrest under Wisconsin law. Currently, ICE's detainers allow for an individual's detention beyond their release time, giving ICE agents additional time to take custody of individuals suspected of being undocumented. During the first seven months of 2023, ICE issued over 700 such requests to Wisconsin jails.

Republicans in the state legislature are pushing for legislation that would penalize counties that refuse to comply with ICE requests, but it faces potential veto from Wisconsin's Democratic Governor Tony Evers.