Wisconsin Assembly Bill AB397

Wisconsin 2023-2024 Regular Session

• Introduced: 9/6/23
• Refer: 9/6/23
• Failed: 4/15/24

Caption

Determining the lawful presence of a person arrested for or charged with a crime or certain civil violations. (FE)

Impact

The bill aims to enhance cooperation between state and federal agencies in matters of immigration. Should a person be determined to be unlawfully present, law enforcement is obligated to notify the appropriate federal immigration authorities and, if allowed by federal law, detain the individual until federal authorities can take custody. Furthermore, it mandates that law enforcement agencies gather and report data on individuals charged with crimes or civil violations who are identified as unlawfully present. Reports on this data will be submitted to the legislature every six months.

Summary

Assembly Bill 397 seeks to establish clear guidelines for law enforcement officers in Wisconsin regarding the determination of an individual's lawful presence in the state when that person is arrested for or charged with a crime or civil violation. If a law enforcement officer suspects that an individual is not lawfully present, they are required to request proof of lawful presence. This could include various forms of documentation, such as a U.S. passport or a birth certificate. If the individual cannot provide such proof, the officer must verify their immigration status with federal authorities.

Contention

Points of contention surrounding AB397 center on concerns regarding racial profiling and the potential for discrimination. The bill explicitly states that law enforcement officers may not consider a person's race, color, or national origin in their determinations, which some proponents argue is insufficient to prevent discriminatory practices. Critics also suggest that the bill could create a climate of fear among immigrant communities, potentially discouraging them from seeking assistance or reporting crimes for fear of being implicated in immigration enforcement.