Wisconsin Senate Bill SB384

Wisconsin 2023-2024 Regular Session

• Introduced: 8/9/23
• Refer: 8/9/23
• Report Pass: 1/31/24
• 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

This legislation potentially alters the current landscape of state immigration enforcement by placing the onus on law enforcement to assess lawful presence at the point of arrest. Should an individual be found unlawfully present, officers are obliged to report them to federal immigration authorities and may detain them until the federal agency can take custody. This creates a direct link between state law enforcement and federal immigration enforcement, thus integrating state policy with national immigration concerns.

Summary

Senate Bill 384, introduced in August 2023, mandates that law enforcement officers must determine whether individuals arrested or charged with crimes or civil violations are lawfully present in Wisconsin. The bill proposes that if an officer has reasonable suspicion—predicated on the refusal to provide identification—that a person may not be lawfully present, the officer is required to verify the person's immigration status. This verification involves checking with federal authorities if the person fails to provide sufficient proof of lawful presence.

Contention

Debate surrounding SB384 reflects broader national conversations about immigration policy and local law enforcement's role in immigration matters. Proponents argue that this measure is vital for upholding the rule of law, as it seeks to ensure that those entering or residing in Wisconsin do so lawfully. Conversely, opponents express concern that the bill may lead to racial profiling and unjust treatment of individuals based on their appearance or background. Critics worry that the bill's implementation could foster fear in immigrant communities, potentially deterring individuals from seeking police assistance in cases of crime or safety issues for fear of deportation.

Procedures

Furthermore, the bill stipulates that law enforcement agencies must collect and report data to the Department of Justice regarding individuals determined to be unlawfully present. This information must include the types of crimes or civil violations committed by these individuals, contributing to ongoing discussions and potential revisions regarding the intersection of immigration enforcement and criminal justice. This data collection requirement is aimed at establishing a clearer picture of the implications of such policies, though it also raises concerns about the transparency and accountability of enforcement practices.