The Brown County Jail and Juvenile Detention Facility. PC: Fox 11 Online
(WTAQ-WLUK) — The American Civil Liberties Union of Wisconsin is challenging the ability of county jails in the state to honor U.S. Immigration and Customs Enforcement detainers.
A petition filed with the Wisconsin Supreme Court on behalf of Voces de la Frontera asks for the Brown, Kenosha, Marathon, Sauk and Walworth County sheriff’s offices to stop honoring ICE detainers.
An ICE detainer is a voluntary request to a local sheriff or jail to hold a person in custody for an additional 48 hours after their scheduled release time, allowing ICE time to potentially take the person into federal custody for immigration proceedings.
The ACLU of Wisconsin says its lawsuit “contends that honoring an ICE detainer constitutes an arrest, and Wisconsin law enforcement does not have the authority to make arrests based solely on ICE’s civil administrative ‘warrants.'”
Earlier this year, Brown County updated a 2002 agreement to hold people under the custody of ICE. At the time, Sheriff Todd Delain explained almost all of the ICE holds came to the jail from other parts of the state or country and did not stay longer than 72 hours.
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