The Wisconsin Supreme Court has stayed a lawsuit challenging the practice of local law enforcement agencies holding individuals at the request of federal immigration authorities. The court issued the order Monday, halting the case while an appeal is pending in federal court. The decision comes in a case filed by the ACLU of Wisconsin on behalf of Voces de la Frontera, an immigrant advocacy group.
The lawsuit, filed in September, seeks to prohibit sheriffs from honoring detainers issued by U.S. Immigration and Customs Enforcement. Under the practice, local jails hold individuals for up to 48 hours after they would otherwise be released under state law to allow ICE time to take custody. The plaintiffs argue that honoring such detainers for civil immigration violations exceeds the authority of Wisconsin law enforcement officers.
The Wisconsin Supreme Court accepted the case as an original action in December but the sheriffs sought to remove it to federal court. U.S. District Judge William Conley ruled in May that the case should remain in state court. The sheriffs appealed that decision to the 7th U.S. Circuit Court of Appeals.
The U.S. Department of Justice filed a motion to intervene in the state court case on July 1, arguing that the outcome could affect federal immigration enforcement interests and longstanding cooperation with local authorities.
Attorneys for the sheriffs have described the case as presenting an issue of first impression nationally and have argued it should be resolved in federal court. The ACLU has called the sheriffs’ efforts delay tactics. The stay leaves the underlying challenge on hold pending further federal proceedings. No timeline was immediately available for the 7th Circuit appeal or any further action by the state Supreme Court.
The Wisconsin Supreme Court currently holds a 4-3 liberal majority. Justice-elect Chris Taylor, a liberal, is scheduled to join the court in August, expanding that majority to 5-2.
