The Wisconsin Supreme Court issued a stay Monday in the immigrant rights group Voces de la Frontera’s lawsuit against local sheriff’s departments partnering with U.S. Immigration and Customs Enforcement, declining to hear arguments in the case until a federal appeal is exhausted. This decision affects how Wisconsin immigration practitioners advise clients facing ICE detention holds and limits your near-term litigation options on the state level.
What changed
Voces filed the lawsuit against ICE’s 287(g) agreements with local sheriff’s departments last year and in December, the Wisconsin Supreme Court agreed to accept the case as an original action. After the state court agreed to hear the case, the sheriffs of Walworth, Brown, Marathon, Kenosha and Sauk counties sued to move the case to federal court.
Voces had requested that the Supreme Court set a schedule for filing briefs and holding arguments while the federal appeal is pending. In its Monday order, the Court said it wouldn’t move forward with the state case until the federal appeals are exhausted. “To avoid potential uncertainty and conflict, we decline the petitioner’s request to order a briefing schedule that would allow the case to proceed simultaneously with the federal appeal of the order remanding the case to this court, and we grant a stay pending further order of this court,” the Court ruled.
According to federal court records, the sheriffs’ briefs to the 7th Circuit Court of Appeals are due by August 5 and Voces’ response is due by September 4.
Why it matters
The stay freezes Wisconsin’s state-level challenge to ICE detainers at the worst possible moment for practitioners defending detained clients. Voces de la Frontera last year asked the state Supreme Court to directly hear its lawsuit challenging immigration detainers, which are requests from ICE for local jails to hold someone for up to 48 hours. The suit argues holding someone for extra time must be authorized by judicial warrant and the holds amount to an illegal new arrest.
With the stay in place, you cannot rely on the Wisconsin Supreme Court to issue a ruling that would prohibit Wisconsin sheriffs from honoring ICE detainers. Instead, the 7th Circuit appeal on whether the state court even has jurisdiction will proceed first. This means:
- Clients in Wisconsin jails will continue to face ICE detainer holds without protection from state law
- Any favorable state court decision is now months or years away, not weeks
- The 7th Circuit may decide the case on jurisdictional grounds, never reaching the merits
Way forward
- Maximize immediate habeas options. Federal habeas petitions under 28 U.S.C. § 2241 remain available for clients held on ICE detainers; file promptly rather than waiting for state court relief.
- Track the 7th Circuit briefing. File amicus briefs if your practice area warrants it. Monitor the August 5 and September 4 filing deadlines to anticipate the appeals timeline.
- Document detainer holds. For every client affected by an ICE detainer in Wisconsin, document the date the detainer was issued, any lack of judicial warrant, and the client’s charge (if any). These records will support future litigation and legislative advocacy.
- Coordinate with Voces and ACLU-WI. Immigration attorneys in Wisconsin should join the ACLU’s network tracking this case; notification of the next developments will come through Voces de la Frontera and ACLU of Wisconsin channels.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Folaform.com is a software company, not a law firm. You should consult with a licensed immigration attorney to discuss how this stay order and the pending federal appeal affect your clients’ cases. Policy and court procedure can change without notice; verify the current status against the primary source linked above and the official Wisconsin Supreme Court docket.