WisconsinWisconsin sheriffs would check immigration status in felony jails
The failed measure would require sheriffs to check immigration documents for people jailed for felonies and could cut certain county payments if they do not certify compliance.
What it does
A sheriff would have to ask people jailed for felony offenses for proof that they are lawfully in the United States. Only listed documents and applications would count.
If a sheriff could not verify a person's lawful presence, the sheriff would have to tell federal officials right away. A qualifying federal detainer and warrant would require the sheriff to follow the detainer request.
Sheriffs would have to certify yearly compliance and keep records about people verified as unlawfully present after a proof request. The Department of Justice would report the data to legislative committees twice a year.
A county would receive 15% less in certain state payments for the next year if its sheriff failed to certify yearly compliance.
Argument forThe checks and reports could help lawmakers track how often people jailed for felony offenses are found unlawfully present and what types of crimes they faced.
Argument againstSheriffs might have to follow federal requests to hold people, and counties could lose 15% of certain payments the next year if the sheriff fails to certify compliance.
More detail
A sheriff would have to ask each person jailed for a felony offense for proof of lawful presence in the United States. This would apply to anyone held in a county jail for an offense punishable as a felony. Only the documents and applications listed in the text count as proof.
A sheriff would have to tell the federal Department of Homeland Security right away if unable to verify lawful presence, and comply with a qualifying federal detainer request. The verification duty would apply to people covered by the proof request. The detainer duty would apply to a person jailed for a felony offense when both listed federal documents are received. The detainer duty would apply only when the sheriff receives both a federal detainer and an administrative warrant that reasonably appear to cover a person jailed for a felony offense. The sheriff would have to seek federal reimbursement for costs of holding people under the detainer provision. Law enforcement agencies and officers could not face civil or criminal liability for actions taken under these provisions. The sheriff would have to report an inability to verify immediately.
Sheriffs would have to certify yearly compliance and keep specified records; the Department of Justice would have to report compiled data to legislative committees every six months. The sheriff's records would concern people covered by the proof request and verified as unlawfully present. Sheriffs would have to provide the records to the Department of Justice when requested. The records would count people subject to a proof request who are verified as unlawfully present and list the types of crimes for which they were jailed. Sheriffs would have to certify by July 1 for the preceding year. Department of Justice reports would begin January 1, 2027, and repeat every six months.
The secretary of administration would have to reduce certain state payments to a county by 15% for the next year if its sheriff failed to certify compliance. The reduction would apply to the county's payments under sections 79.036 and 79.037. The reduction would apply if the sheriff failed to meet the yearly certification requirement. This would apply to distributions in 2026 and later years; a failure in one year would affect the next year's payments.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 13Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82Latest
- May 12Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)
- Apr 3Report vetoed by the Governor Tony Evers on 4-3-2026Major
- Apr 2Presented to the Governor on 4-2-2026To Governor
- Mar 26Report correctly enrolled on 3-26-2026Minor
- Mar 26LRB correction
- Mar 18Received from Senate concurred inMinor
- Mar 17Ordered immediately messaged
- Vote recorded Senate Substitute Amendment 1 rejected, Ayes 19, Noes 14. Result: pass.Upper
- Mar 17Read a third time and concurred inPassed Senate
- Mar 17Rules suspended to give bill its third reading
- Mar 17Ordered to a third readingMinor
- Mar 17Senate Amendment 5 withdrawn and returned to authorMinor
- Mar 17Senate Amendment 4 withdrawn and returned to authorMinor
- Mar 17Senate Amendment 3 withdrawn and returned to authorMinor
- Mar 17Senate Amendment 2 withdrawn and returned to authorMinor
- Mar 17Senate Amendment 1 withdrawn and returned to authorMinor
- Mar 17Senate Substitute Amendment 1 rejected, Ayes 19, Noes 14Minor
- Mar 17Read a second timeMinor
- Mar 17Senate Amendment 5 offered by Senators Carpenter, Dassler-Alfheim, Drake, Habush Sinykin, Hesselbein, L. Johnson, Keyeski, Larson, Ratcliff, Roys, Spreitzer, Wall and WirchMinor
- Mar 17Senate Amendment 4 offered by Senators Carpenter, Dassler-Alfheim, Drake, Hesselbein, L. Johnson, Keyeski, Larson, Ratcliff, Roys and SpreitzerMinor
- Mar 17Senate Amendment 3 offered by Senators Carpenter, Dassler-Alfheim, Drake, Habush Sinykin, Hesselbein, L. Johnson, Keyeski, Larson, Ratcliff, Roys, Spreitzer, Wall and WirchMinor
- Mar 17Senate Amendment 2 offered by Senators Carpenter, Dassler-Alfheim, Drake, Habush Sinykin, Hesselbein, L. Johnson, Keyeski, Larson, Pfaff, Ratcliff, Roys, Smith, Spreitzer, Wall and WirchMinor
- Mar 17Senate Substitute Amendment 1 offered by Senators Wall, Dassler-Alfheim, Habush Sinykin, Hesselbein, Keyeski, Pfaff, Ratcliff, Roys, Smith and WirchMinor
- Mar 17Senate Amendment 1 offered by Senators L. Johnson, Carpenter, Dassler-Alfheim, Drake, Habush Sinykin, Hesselbein, Keyeski, Larson, Pfaff, Ratcliff, Roys, Smith, Spreitzer, Wall and WirchMinor
- Mar 16Placed on calendar 3-17-2026 pursuant to Senate Rule 18(1)
- 2025
- Jun 12Available for scheduling
- Vote recorded Report concurrence recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2. Result: pass.Upper
- Jun 12Report concurrence recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2Minor
- Jun 12Executive action taken
- May 13Public hearing held
- Mar 19Read first time and referred to committee on Licensing, Regulatory Reform, State and Federal AffairsMinor
- Mar 18Received from AssemblyMinor
- Vote recorded PASSAGE. Result: pass.Lower
- Mar 18Ordered immediately messaged
- Mar 18Read a third time and passed, Ayes 51, Noes 43, Paired 2Passed Assembly
- Mar 18Rules suspended
- Mar 18Ordered to a third readingMinor
- Mar 18Assembly Amendment 1 adoptedMajor
- Mar 18Read a second timeMinor
- Mar 14Fiscal estimate receivedMinor
- Mar 13Placed on calendar 3-18-2025 by Committee on Rules
- Mar 11Referred to committee on RulesMinor
- Vote recorded Report Assembly Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 14, Noes 1. Result: pass.Lower
- Vote recorded Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 10, Noes 5. Result: pass.Lower
- Mar 11Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 10, Noes 5Minor
- Mar 11Report Assembly Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 14, Noes 1Minor
- Mar 11Executive action taken
- Mar 10Assembly Amendment 2 offered by Representative SpaudeMinor
- Mar 7Assembly Amendment 1 offered by Representatives Vos and PiwowarczykMinor
- Mar 6Fiscal estimate receivedMinor
- Feb 26Public hearing held
- Feb 18Representative Gustafson added as a coauthor
- Feb 12Read first time and referred to Committee on Criminal Justice and Public SafetyMinor
- Feb 12Introduced by Representatives Vos, Piwowarczyk, Allen, Armstrong, August, Behnke, Brill, Callahan, Dallman, Dittrich, Donovan, Duchow, Goeben, Green, Gundrum, Hurd, B. Jacobson, Knodl, Kreibich, Krug, Maxey, Murphy, Mursau, Nedweski, O'Connor, Penterman, Petersen, Sortwell, Spiros, Steffen, Swearingen, Tittl, Tucker, Tusler, Wichgers and Zimmerman; cosponsored by Senators Bradley, Jacque, Kapenga, Nass, Quinn, Testin, Tomczyk and WanggaardIntroduced
- Jun 12Available for scheduling
ImmigrationCriminal JusticeTaxes & Budget