Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB57 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-1735/1
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4	4	2025 SENATE BILL 57
5	5	February 21, 2025 - Introduced by Senators BRADLEY, JACQUE, KAPENGA, NASS,
6	6	QUINN, TESTIN, TOMCZYK and WANGGAARD, cosponsored by Representatives
7	7	VOS, PIWOWARCZYK, ALLEN, ARMSTRONG, AUGUST, BEHNKE, BRILL, CALLAHAN,
8	8	DALLMAN, DITTRICH, DONOVAN, DUCHOW, GOEBEN, GREEN, GUNDRUM, HURD,
9	9	B. JACOBSON, KNODL, KREIBICH, KRUG, MAXEY, MURPHY, MURSAU, NEDWESKI,
10	10	O'CONNOR, PENTERMAN, PETERSEN, SORTWELL, SPIROS, STEFFEN,
11	11	SWEARINGEN, TITTL, TUCKER, TUSLER, WICHGERS, ZIMMERMAN and
12	12	GUSTAFSON. Referred to Committee on Licensing, Regulatory Reform, State
13	13	and Federal Affairs.
14	14	AN ACT to create 59.28 (3) and 79.039 (1g) of the statutes; relating to: county
15	15	sheriff assistance with certain federal immigration functions.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill requires sheriffs to request proof of legal presence status from
18	18	individuals held in a county jail for an offense punishable as a felony. The bill also
19	19	requires sheriffs to comply with detainers and administrative warrants received
20	20	from the federal department of homeland security regarding individuals held in the
21	21	county jail for a criminal offense.
22	22	Under the bill, sheriffs must annually certify to the Department of Revenue
23	23	that they have complied with each of these requirements. If a sheriff fails to provide
24	24	such a certification, DOR must reduce the county[s shared revenue payments for
25	25	the next year by 15 percent. The bill also requires sheriffs to maintain a record of
26	26	the number of individuals from whom proof of legal presence is requested who are
27	27	verified as unlawfully present in this state and a list of the types of crimes for which
28	28	those individuals were confined in the jail. The information must be provided to the
29	29	Department of Justice upon request, and DOJ must compile the information and
30	30	submit a report to the legislature.
31	31	For further information see the state and local fiscal estimate, which will be
32	32	printed as an appendix to this bill.
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34	34	2 2025 - 2026 Legislature
35	35	SENATE BILL 57
36	36	- 2 - LRB-1735/1
37	37	EVM:cdc
38	38	The people of the state of Wisconsin, represented in senate and assembly, do
39	39	enact as follows:
40	40	SECTION 1. 59.28 (3) of the statutes is created to read:
41	41	59.28 (3) (a) 1. For any individual confined in the jail for an offense
42	42	punishable as a felony, the sheriff shall request proof from the individual of whether
43	43	the individual is lawfully present in the United States. Only the following
44	44	constitute proof of lawful presence under this paragraph:
45	45	a. A U.S. passport.
46	46	b. A birth record bearing an official seal or other mark of authentication and
47	47	issued by a state, county, or municipality within the United States or by a territory
48	48	or possession of the United States.
49	49	c. A record of birth abroad issued by the federal department of state.
50	50	d. A certificate of naturalization.
51	51	e. A certificate of U.S. citizenship.
52	52	f. A permanent resident card or alien registration receipt card, along with the
53	53	person's bureau of citizenship and immigration services alien registration number.
54	54	g. Any other proof specified in 49 CFR 383.71 (b) (9), along with the person's
55	55	bureau of citizenship and immigration services alien registration number.
56	56	h. Documentary proof of conditional permanent resident status in the United
57	57	States.
58	58	i. A valid, unexpired nonimmigrant visa or nonimmigrant visa status for
59	59	entry into the United States.
60	60	j. An approved application for asylum in the United States or documentary
61	61	proof that the person has entered into the United States in refugee status.
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83	83	22 2025 - 2026 Legislature
84	84	SENATE BILL 57
85	85	- 3 - LRB-1735/1
86	86	EVM:cdc
87	87	SECTION 1
88	88	k. A pending application for asylum in the United States.
89	89	L. A pending or approved application for temporary protected status in the
90	90	United States.
91	91	m. An approved deferred action status.
92	92	n. A pending application for adjustment of status to that of an alien lawfully
93	93	admitted for permanent residence in the United States or conditional permanent
94	94	resident status in the United States.
95	95	o. A valid Wisconsin operator's license or a valid identification card issued
96	96	under s. 343.50.
97	97	2. If the sheriff is unable to verify that an individual under subd. 1. is lawfully
98	98	present in the United States, the sheriff shall immediately inform the federal
99	99	department of homeland security of the inability to make a verification.
100	100	(b) If the sheriff receives a detainer and administrative warrant from the
101	101	federal department of homeland security that reasonably appears to be for an
102	102	individual who is confined in the jail for a criminal offense, the sheriff shall comply
103	103	with the requests of the detainer. The sheriff shall seek reimbursement from the
104	104	federal government for any costs incurred while holding individuals under this
105	105	paragraph.
106	106	(c) Annually, not later than July 1, a sheriff shall certify to the department of
107	107	revenue that, for the preceding year, the sheriff has complied with the requirements
108	108	of pars. (a) and (b).
109	109	(d) 1. The sheriff shall maintain a record of the number of individuals subject
110	110	to a request under par. (a) 1.who are verified as unlawfully present in this state and
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133	133	23 2025 - 2026 Legislature
134	134	SENATE BILL 57
135	135	- 4 - LRB-1735/1
136	136	EVM:cdc
137	137	SECTION 1
138	138	a list of the types of crimes for which those individuals were confined in the jail and
139	139	provide the records to the department of justice upon request.
140	140	2. Beginning January 1, 2027, and every 6 months thereafter, the department
141	141	of justice shall submit a report compiling the data collected under subd. 1. to the
142	142	appropriate standing committees of the legislature under s. 13.172 (3).
143	143	(e) No law enforcement agency, as defined in s. 165.83 (1) (b), or law
144	144	enforcement officer employed by a law enforcement agency may be subject to
145	145	criminal or civil liability for an action taken under par. (a) or (b).
146	146	SECTION 2. 79.039 (1g) of the statutes is created to read:
147	147	79.039 (1g) For the distribution in 2026 and subsequent years, if in any year
148	148	a county[s sheriff fails to satisfy the requirements under s. 59.28 (3) (c), the
149	149	secretary of administration shall reduce the county[s total of payments under ss.
150	150	79.036 and 79.037 for the next year by 15 percent.
151	151	(END)
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