2025 - 2026 LEGISLATURE
LRB-1618/1
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2025 ASSEMBLY BILL 57
February 24, 2025 - Introduced by Representatives ORTIZ-VELEZ, HONG, ARNEY,
BARE, BROWN, CLANCY, CRUZ, DESMIDT, GOODWIN, HAYWOOD, JOERS, KIRSCH,
MADISON, MAYADEV, MOORE OMOKUNDE, NEUBAUER, PHELPS, PRADO, RIVERA-
WAGNER, ROE, SINICKI, SNODGRASS, SUBECK and TENORIO, cosponsored by
Senators CARPENTER, DRAKE, LARSON and RATCLIFF. Referred to Committee
on Criminal Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 20.932 of the statutes; relating to: requirements concerning
assistance in the detention of individuals who are or are alleged to be not
lawfully present in the United States.
Analysis by the Legislative Reference Bureau
Under this bill, no official, employee, or agent of a state agency or other body in
state government or a local governmental unit, including any law enforcement
officer, may aid in the detention of an individual if the individual is being detained
on the sole basis that the individual is or is alleged to be not lawfully present in the
United States. The bill applies only to a detention that occurs in a public building
or facility, school, place of worship, place where child care services are provided, or
place where medical or other health care services are provided. Also, the bill does
not prohibit any state or local government official from providing access to any place
or facility as required pursuant to a properly executed judicial warrant.
The bill further provides that, except as required pursuant to a properly
executed judicial warrant, no person employed or otherwise lawfully present at a
public building or facility, school, place of worship, place where child care services
are provided, or place where medical or other health care services are provided may
be required to provide access to such facility or place or otherwise aid federal
officials for purposes of the detention of an individual at such facility or place who is
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being detained on the sole basis that the individual is or is alleged to be not lawfully
present in the United States.
Finally, the bill prohibits any state agency or other body in state government
from expending any moneys to aid in the detention of an individual in this state if
the individual is being detained on the sole basis that the individual is or is alleged
to be not lawfully present in the United States.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 20.932 of the statutes is created to read:
20.932 Requirements concerning assistance in the detention of
certain individuals. (1) DEFINITIONS. In this section:
(a) XLocal governmental unitY means a political subdivision, a special purpose
district, an agency or corporation of a political subdivision or special purpose
district, a school district, or a combination or subunit of any of the foregoing, in this
state.
(b) XState agencyY means an association, authority, board, department,
commission, independent agency, institution, office, society, or other body in state
government created or authorized to be created by the constitution or any law.
(2) PROHIBITING ASSISTANCE BY STATE AND LOCAL OFFICIALS. (a) No official,
employee, or agent of a state agency or local governmental unit, including any law
enforcement officer, may aid in the detention of an individual if the individual is
being detained on the sole basis that the individual is or is alleged to be not lawfully
present in the United States and the detention occurs in a building or facility owned
or operated by a state agency or local governmental unit, school, place of worship,
place where child care services are provided, or place where medical or other health
care services are provided.
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(b) Paragraph (a) does not prohibit an official, employee, or agent of a state
agency or local governmental unit from providing access to any place or facility as
required pursuant to a properly executed judicial warrant.
(3) NO ASSISTANCE REQUIRED ABSENT JUDICIAL WARRANT. Except as required
pursuant to a properly executed judicial warrant, no person employed or otherwise
lawfully present at a facility owned or operated by a state agency or local
governmental unit, school, place of worship, place where child care services are
provided, or place where medical or other health care services are provided may be
required to provide access to such facility or place or otherwise aid federal officials
for purposes of the detention of an individual at such facility or place who is being
detained on the sole basis that the individual is or is alleged to be not lawfully
present in the United States.
(4) EXPENDITURE OF STATE FUNDS. No state agency may expend moneys to aid
in the detention of an individual in this state if the individual is being detained on
the sole basis that the individual is or is alleged to be not lawfully present in the
United States.
(END)
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