Democrats at a public hearing on a bill that would require local sheriffs to seek proof of citizenship from those arrested for felonies called the legislation unnecessary, while Republicans said it is needed to ensure safety.
Dem. Rep. Tip McGuire asked during the Assembly Committee on Criminal Justice and Public Safety hearing yesterday why the Legislature should have the power to mandate the actions of local law enforcement on immigration enforcement.
Assembly Speaker Robin Vos countered the mandates are necessary because some Wisconsin sheriffs haven’t been complying with federal law to notify Immigrations and Customs Enforcement when someone in the U.S. illegally is in their custody.
Under AB 24, if those arrested cannot verify their citizenship, local sheriffs would have to notify federal immigration officials. If a sheriff does not comply, the local government would lose 15% of its revenue from the state.
One of the bill’s authors, Sen. Julian Bradley, R-New Berlin, said the bill must be passed to “keep Wisconsin communities safe.”
“It’s shocking to think a handful of law enforcement and our government would rather protect felons than work with our federal partners, to stop the flow of crime and drugs in more neighborhoods,” Bradley said.
Vos, R-Rochester, another one of the bill’s authors, said this bill is necessary because Dane and Milwaukee counties were found “non-cooperative” according to a federal report from last summer. “Non-cooperative” meaning the counties did not notify ICE when an individual in the country illegally was in their custody, and did not have adequate hold time to assume Department of Homeland Security custody.
“The failure of a few sheriffs to cooperate with ICE affects the safety of residents in surrounding communities,” Vos said.
Dem lawmakers on the committee expressed concerns with the legislation.
McGuire, D-Kenosha, asked what counties would gain from this bill, saying this is an unnecessary mandate.
McGuire said local law enforcement already has the authority “to determine the best places” to allocate resources.
“And that’s why we elect sheriffs; we want to put them in a position so they can make those determinations, and instead, we’re mandating that they comply with the federal government,” McGuire said.
Rep. Sequanna Taylor, D-Milwaukee, added counties already have the ability to implement these policies and don’t need a state mandate. Vos responded that he believes in local control, but he has “no choice” but to mandate enforcement, because Milwaukee and Dane County have refused to act.
Earlier this month, Dem Gov. Tony Evers vowed to veto a bill that would cut state aid for counties who failed to comply. Evers’ office referred WisPolitics to a statement from earlier this month:
“Republican lawmakers are trying to micromanage local law enforcement decisions by threatening to gut state aid by 15% for our local communities—that’s a non-starter,” a spokesperson for Evers told WisPolitics when Republicans introduced the bill.
During today’s public hearing, Racine County District Attorney Patricia Hanson said the bill would enhance cooperation and achieve a “shared goal” of a safer society. Hanson added that it is “not a choice” for sheriffs to follow the law and enforce federal immigration policies.
Amanda Merkwae, advocacy director at the American Civil Liberties Union, said the bill would criminalize and victimize people who are not yet convicted felons, and urged committee members to vote against the bill.
“AB 24 forces law enforcement into harmful roles that they were never meant to play, tools of mass deportation under threat of losing shared revenue funding for essential county services,” Merkwae said.
