August 9, 2023 - Introduced by Senators Bradley, Jacque and Nass, cosponsored by Representatives Gundrum, Armstrong, Bodden, Brooks, Dittrich, Penterman, Rettinger and Wichgers. Referred to Committee on Judiciary and Public Safety.

This bill requires a law enforcement officer to determine whether a person who is arrested for or charged with a crime or civil violation is lawfully present in the state. Under the bill, if the officer has reasonable suspicion, based on failure to provide identification, that the person is not lawfully present in the state, the officer must attempt to verify whether the person is lawfully present in the state. If the person produces documentary proof of lawful presence, the law enforcement officer may not further inquire into the citizenship or immigration status of the person. However, if the person does not provide documentary proof of lawful presence, the law enforcement officer must attempt to verify the person’s immigration status with the federal government. Under the bill, a law enforcement officer may not base reasonable suspicion of unlawful presence on a person’s race, color, or national origin except as permitted under the U.S. and Wisconsin Constitutions.

Under the bill, if the person is determined to be unlawfully present in the state, the law enforcement officer must report the person to the appropriate federal immigration authority, must cooperate with the immigration authorities to the greatest extent possible, and, if permitted under federal law, must detain the person until the federal immigration authority can take the person into federal custody.

The bill requires law enforcement agencies to collect data regarding the number of persons charged with a crime or civil violation who are determined to be unlawfully present in the state. The Department of Justice must collect this data and submit a report on the data to the legislature every six months.