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:
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59.26
(11) (a) In this subsection:
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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.
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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.
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3. “Immigration enforcement” includes any of the following actions taken by a
12federal law enforcement officer, a sheriff, or a deputy:
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a. The investigation or enforcement of any federal civil immigration law.
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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.
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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.
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1(b)
Neither a sheriff nor a deputy may assist a federal immigration officer in
2immigration enforcement activities.
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(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:
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1. Inquiring into whether an individual has satisfactory immigration status.
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2. Detaining an individual based solely on information or belief that the
8individual does not have satisfactory immigration status.
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3. Detaining an individual on the basis of a hold request.
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4. Assisting or participating in arrests based on a civil immigration warrant.