MADISON, Wis. (AP) — A divided Wisconsin Supreme Court on Wednesday agreed to take a case brought by the American Civil Liberties Union on behalf of an immigrant rights group arguing that it is illegal for local jails to hold immigrant detainees at the request of federal authorities.
The Wisconsin lawsuit comes as federal agents have launched high-profile immigration crackdowns in cities including Chicago and Charlotte, North Carolina. Another operation is expected in the coming days in Minnesota, targeting Somali immigrants. The enforcement tactics have been met with protests and lawsuits.
A majority of justices on the Wisconsin Supreme Court voted to take the ACLU case directly as an original action, with the court controlled 4-3 by liberal justices. Four justices voted to accept the case, while conservative Justices Annette Ziegler and Rebecca Bradley dissented. Justice Brian Hagedorn, who often sides with conservative justices, wrote separately to discuss the process but did not reveal how he voted.
None of the justices discussed the merits of the case in the order agreeing to take it.
The court’s decision means a final ruling could come by mid-2026, faster than if the case had to wind through lower courts. All briefs are due within two months, with oral arguments scheduled for early next year.
The ACLU brought the lawsuit against five county sheriffs in September on behalf of Voces de la Frontera, an immigrant rights group based in Milwaukee. The lawsuit argues that it is illegal for local jails to hold immigrants on detainers sent by U.S. Immigration and Customs Enforcement.
“This is a historic step toward ensuring that Wisconsin’s law protects all residents, not just those with power and privilege,” said Christine Neumann-Ortiz, executive director of Voces de la Frontera. “Honoring ICE detainers has subjected hardworking immigrants to unlawful arrests for far too long.”
Sam Hall, an attorney for the sheriffs, expressed confidence that they operate within the bounds of state and federal law regarding immigration enforcement.
The ACLU wants the Wisconsin Supreme Court to stop sheriffs from holding people on ICE detainers, arguing this action constitutes an unlawful arrest.
As immigration enforcement intensifies, the case has become a focal point in the ongoing debate over legal protections for immigrants in Wisconsin.
