Wisconsin Republicans introduced a bill Feb. 4 that would require sheriff’s offices in Wisconsin to provide names of incarcerated individuals to U.S. Immigration and Customs Enforcement (ICE) or risk losing funding.
Under this bill, incarcerated people would have to provide proof of residency. If they are unable to provide documentation, sheriffs would be required to report them to the U.S. Department of Homeland Security.The bill also makes sheriff’s offices responsible for verifying residency and holding people in jail facilities for ICE.
If the proposed bill were to pass, the sheriff’s office could lose up to 15% of state aid if they don’t cooperate.
This bill comes after a statement from the Dane County Sheriff’s Office in January saying they would no longer participate in the State Criminal Alien Assistance Program (SCAAP), citing a desire to honor community values.
“If this bill were to pass, it would put a significant strain on sheriff's offices and their budgets,” Dane County Sheriff Kalvin Barrett told The Daily Cardinal.
The Dane County Sheriff’s Office was listed as non-cooperative with ICE in June 2024, defined as not notifying ICE of undocumented incarcerated people prior to release or holding prisoners until ICE can assume custody.
SCAAP provides funding to agencies that give names of individuals who have spent at least four consecutive days incarcerated and have committed at least one felony or two misdemeanor convictions to ICE.
January’s decision was applauded by the American Civil Liberties Union of Wisconsin, who said in a statement on Jan. 30 that participation in the program made law enforcement “unnecessarily complicit in fear mongering and tearing apart families.”
SCAAP previously provided about $90,000 yearly to Dane County, though the funds were not directly given to the sheriff’s office. The proposed bill would cut sheriff’s departments’ funding even more.
Barrett cited the importance of the separation of powers between law enforcement and legislation and stated that a sheriff’s freedom to decide policies for their own communities is necessary for effective law enforcement.
“[This bill] “would mandate that sheriffs … follow the political landscape on the federal and state level,” he told the Cardinal.
Gov. Tony Evers has promised to veto the bill should it reach his desk. Barrett said the sheriff’s office “is not going to put any more time or effort towards it” but will “continue to advocate … to eliminate any future versions of this bill.”