AB 397

This bill requires a law enforcement officer to determine whether a person who

is arrested for or charged with a crime or civil violation is lawfully present in the

state. Under the bill, if the officer has reasonable suspicion, based on failure to

provide identification, that the person is not lawfully present in the state, the officer

must attempt to verify whether the person is lawfully present in the state. If the

person produces documentary proof of lawful presence, the law enforcement officer

may not further inquire into the citizenship or immigration status of the person.

However, if the person does not provide documentary proof of lawful presence, the

law enforcement officer must attempt to verify the person's immigration status with

the federal government. Under the bill, a law enforcement officer may not base

reasonable suspicion of unlawful presence on a person's race, color, or national origin

except as permitted under the U.S. and Wisconsin Constitutions.

Under the bill, if the person is determined to be unlawfully present in the state,

the law enforcement officer must report the person to the appropriate federal

immigration authority, must cooperate with the immigration authorities to the

greatest extent possible, and, if permitted under federal law, must detain the person

until the federal immigration authority can take the person into federal custody.

The bill requires law enforcement agencies to collect data regarding the

number of persons charged with a crime or civil violation who are determined to be

unlawfully present in the state. The Department of Justice must collect this data

and submit a report on the data to the legislature every six months.