The Wisconsin Supreme Court today stayed a case challenging the legality of local law enforcement holding people at the request of federal immigration officials.
The stay came as five sheriffs who were sued have sought to move the case to federal court.
Voes de la Frontera, which filed the original lawsuit, had asked the state Supreme Court to issue a briefing schedule to allow the case to move forward simultaneously with the federal appeal. But the Wisconsin justices declined to do so.
Voces de la Frontera last year asked the state Supreme Court to directly hear its lawsuit challenging immigration detainers, which are requests from ICE for local jails to hold someone for up to 48 hours. The suit argues holding someone for extra time must be authorized by judicial warrant and the holds amount to an illegal new arrest.
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The sheriffs of Walworth, Kenosha, Brown, Marathon and Sauk counties petitioned to have the case moved to federal court. But U.S. Judge William Conley ruled in May they waited too long to file the petition.
The sheriffs have since filed an appeal seeking to get the case back in the federal courts. They asked the justices to stay the case until that appeal is resolved.
