AB 173

This bill requires a law enforcement officer to have a federal agency, or a person

authorized by a federal agency, determine whether a person who is arrested for or

charged with a crime or civil violation is lawfully present in the state if the officer

has reasonable suspicion that the person is not lawfully present. Under the bill, a

law enforcement officer may not consider a person's race, color, or national origin

except as permitted under the U.S. and the Wisconsin constitutions. The bill states

that if a person refuses or fails to provide identification at the time he or she is

arrested for or charged with a crime or civil violation, that refusal or failure can give

rise to reasonable suspicion that the person is not lawfully present.

Under the bill, a person who cannot prove his or her lawful presence may be

held in secured custody for up to 48 hours to allow the person to obtain

documentation of his or her lawful presence. The bill specifies the kinds of

documentation that are satisfactory to prove lawful presence. Under the bill, no

state or local law enforcement officer may verify a person's lawful presence unless

he or she has been authorized by the federal government to do so. If the person

produces the required documentation, he or she may be released.

Under the bill, a law enforcement agency must transport a person who cannot

produce documentation that he or she is lawfully present to a federal immigration

or border patrol agency. Under the bill, this can be done before the person is tried

for a crime or, if the person is convicted of a crime, after the person's discharge from

jail or prison. The bill allows counties to seek reimbursement for jail costs from a

person who was held in secured custody because he or she could not provide proof of

lawful presence.

Further, the bill prohibits a city, village, town, or county (political subdivision)

from enacting an ordinance, adopting a resolution, or establishing a policy that

would prohibit an employee from inquiring whether an individual who receives

public services is lawfully present in the state, notifying the federal government of

the presence of aliens who are not lawfully present, or acting according to or

complying with state law regarding arrested persons who are not lawfully present.

Under the bill, a private citizen who believes that a political subdivision is not

complying with these requirements may petition for a writ of mandamus requiring

compliance, and, if a court finds that a political subdivision has failed to comply, the

political subdivision must forfeit $500 for each day of noncompliance.