This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
EAW&MES:amn&kjf
2019 - 2020 LEGISLATURE
September 16, 2019 - Introduced by Senators Larson, L. Taylor, Smith and
Johnson, cosponsored by Representatives Cabrera, Brostoff, Haywood and
Bowen. Referred to Committee on Insurance, Financial Services,
Government Oversight and Courts.
SB401,1,3 1An Act to create 59.26 (11), 66.0112 and 165.57 of the statutes; relating to:
2limiting the cooperation of state and local law enforcement officers with certain
3federal immigration enforcement activities.
Analysis by the Legislative Reference Bureau
This bill limits the extent to which the Department of Justice and local law
enforcement officers may cooperate with federal immigration enforcement activities.
Under the bill, DOJ may not authorize a state or local law enforcement officer
to assist a federal immigration officer in immigration enforcement activities, and the
department must publish a model policy for local governments to adopt on limiting
assistance with such activities. The bill defines “immigration enforcement” as any
action taken by federal or state or local law enforcement officers related to the
investigation or enforcement of any federal civil immigration law or any federal
criminal immigration law that penalizes an individual's presence in, entry or reentry
to, or employment in the United States.
Also under the bill, no city, village, town, or county (political subdivision) may
authorize or permit its law enforcement officers to assist a federal immigration
officer in immigration enforcement activities, nor may a sheriff or deputy provide
such assistance. In addition, neither a sheriff, a deputy, nor a state or local law
enforcement officer may engage in activities related to the investigation,
interrogation, detention, or arrest of an individual for any purpose related to
immigration enforcement, including actions related to determining whether an
individual has satisfactory immigration status and detaining an individual on an

Immigration and Customs Enforcement hold request. Under the bill, satisfactory
immigration status means determining whether a non-U.S. citizen is lawfully
present in the United States.
Finally, the bill requires a political subdivision to adopt and implement the
DOJ's model policy related to limiting assistance with immigration enforcement
activities.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB401,1 1Section 1. 59.26 (11) of the statutes is created to read:
SB401,2,22 59.26 (11) (a) In this subsection:
SB401,2,53 1. “Civil immigration warrant” means any arrest warrant issued by a federally
4authorized immigration officer specified in 8 CFR section 287.5 (e) (2) for the arrest
5of an individual for an alleged violation of federal civil immigration law.
SB401,2,106 2. “Hold request” means a federal immigration and customs enforcement
7request that a local law enforcement agency maintain custody of an individual
8currently in its custody beyond the time he or she would otherwise be eligible for
9release in order to facilitate the federal department of homeland security to assume
10custody.
SB401,2,1211 3. “Immigration enforcement” includes any of the following actions taken by a
12federal law enforcement officer, a sheriff, or a deputy:
SB401,2,1313 a. The investigation or enforcement of any federal civil immigration law.
SB401,2,1614 b. The investigation or enforcement of any federal criminal immigration law
15that penalizes an individual's presence in, entry or reentry to, or employment in the
16United States.
SB401,2,1817 4. “Satisfactory immigration status” means immigration status under which
18an individual who is not a U.S. citizen is lawfully present in the United States.
SB401,3,2
1(b) Neither a sheriff nor a deputy may assist a federal immigration officer in
2immigration enforcement activities.
SB401,3,53 (c) No sheriff or deputy may engage in activities related to the investigation,
4interrogation, detention, or arrest of an individual for any purpose related to
5immigration enforcement, including the following:
SB401,3,66 1. Inquiring into whether an individual has satisfactory immigration status.
SB401,3,87 2. Detaining an individual based solely on information or belief that the
8individual does not have satisfactory immigration status.
SB401,3,99 3. Detaining an individual on the basis of a hold request.
SB401,3,1010 4. Assisting or participating in arrests based on a civil immigration warrant.
SB401,2 11Section 2. 66.0112 of the statutes is created to read:
SB401,3,13 1266.0112 Limiting cooperation with immigration officials and limiting
13engagement in immigration enforcement.
(1) Definitions. In this section:
SB401,3,1614 (a) “Civil immigration warrant” means any arrest warrant issued by a federally
15authorized immigration officer specified in 8 CFR section 287.5 (e) (2) for the arrest
16of an individual for an alleged violation of federal civil immigration law.
SB401,3,2117 (b) “Hold request” means a federal immigration and customs enforcement
18request that a local law enforcement agency maintain custody of an individual
19currently in its custody beyond the time he or she would otherwise be eligible for
20release in order to facilitate the federal department of homeland security to assume
21custody.
SB401,3,2322 (c) “Immigration enforcement” includes any of the following actions taken by
23a federal law enforcement officer or a local law enforcement officer:
SB401,3,2424 1. The investigation or enforcement of any federal civil immigration law.
SB401,4,3
12. The investigation or enforcement of any federal criminal immigration law
2that penalizes an individual's presence in, entry or reentry to, or employment in the
3United States.
SB401,4,74 (d) “Local law enforcement officer” means any person employed by a political
5subdivision for the purpose of detecting and preventing crime and enforcing laws or
6ordinances and who is authorized to make arrests for violations of the laws or
7ordinances that the person is employed to enforce.
SB401,4,88 (e) “Political subdivision” means any city, village, town, or county.
SB401,4,109 (f) “Satisfactory immigration status” means immigration status under which
10an individual who is not a U.S. citizen is lawfully present in the United States.
SB401,4,13 11(2) Limitation on cooperation. A political subdivision may not authorize or
12permit a local law enforcement officer who is employed by the political subdivision
13to assist a federal immigration officer in immigration enforcement activities.
SB401,4,17 14(3) Limitation on enforcement. No local law enforcement officer may engage
15in activities related to the investigation, interrogation, detention, or arrest of an
16individual for any purpose related to immigration enforcement, including the
17following:
SB401,4,1818 (a) Inquiring into whether an individual has satisfactory immigration status.
SB401,4,2019 (b) Detaining an individual based solely on information or belief that the
20individual does not have satisfactory immigration status.
SB401,4,2121 (c) Detaining an individual on the basis of a hold request.
SB401,4,2222 (d) Assisting or participating in arrests based on a civil immigration warrant.
SB401,5,2 23(4) Compliance with state policy. No later than the first day of the 6th month
24after the effective date of this subsection .... [LRB inserts date], a political subdivision
25shall adopt and implement the policy published by the department of justice under

1s. 165.57 (4) related to limiting assistance with immigration enforcement activities
2to the fullest extent possible.
SB401,3 3Section 3. 165.57 of the statutes is created to read:
SB401,5,6 4165.57 Limiting cooperation with immigration officials and limiting
5engagement in immigration enforcement; state policy.
(1) Definitions. In
6this section:
SB401,5,97 (a) “Civil immigration warrant” means any arrest warrant issued by a federally
8authorized immigration officer specified in 8 CFR section 287.5 (e) (2) for the arrest
9of an individual for an alleged violation of federal civil immigration law.
SB401,5,1410 (b) “Hold request” means a federal immigration and customs enforcement
11request that a local law enforcement agency maintain custody of an individual
12currently in its custody beyond the time he or she would otherwise be eligible for
13release in order to facilitate the federal department of homeland security to assume
14custody.
SB401,5,1615 (c) “Immigration enforcement” includes any of the following actions taken by
16a federal law enforcement officer or a local law enforcement officer:
SB401,5,1717 1. The investigation or enforcement of any federal civil immigration law.
SB401,5,2018 2. The investigation or enforcement of any federal criminal immigration law
19that penalizes an individual's presence in, entry or reentry to, or employment in the
20United States.
SB401,5,2421 (d) “Local law enforcement officer” means any person employed by the state or
22any political subdivision of the state, for the purpose of detecting and preventing
23crime and enforcing laws or ordinances and who is authorized to make arrests for
24violations of the laws or ordinances that the person is employed to enforce.
SB401,5,2525 (e) “Political subdivision” means any city, village, town, or county.
SB401,6,2
1(f) “Satisfactory immigration status” means immigration status under which
2an individual who is not a U.S. citizen is lawfully present in the United States.
SB401,6,5 3(2) Limitation on cooperation. The department of justice may not authorize
4a local law enforcement officer to assist a federal immigration officer in immigration
5enforcement activities.
SB401,6,9 6(3) Limitation on enforcement. No local law enforcement officer may engage
7in activities related to the investigation, interrogation, detention, or arrest of an
8individual for any purpose related to immigration enforcement, including the
9following:
SB401,6,1010 (a) Inquiring into whether an individual has satisfactory immigration status.
SB401,6,1211 (b) Detaining an individual based solely on information or belief that the
12individual does not have satisfactory immigration status.
SB401,6,1313 (c) Detaining an individual on the basis of a hold request.
SB401,6,1414 (d) Assisting or participating in arrests based on a civil immigration warrant.
SB401,6,19 15(4) Model policy. No later than the first day of the 4th month beginning after
16the effective date of this subsection .... [LRB inserts date], the department of justice
17shall publish a model policy for limiting assistance with immigration enforcement
18activities to the fullest extent possible for adoption by a political subdivision under
19s. 66.0112 (4).
SB401,4 20Section 4. Initial applicability.
SB401,6,2221 (1) This act first applies to immigration enforcement activities that occur on the
22effective date of this subsection.
SB401,6,2323 (End)
Loading...
Loading...