(File Photo by Kevin Mathewson, Kenosha County Eye)
MADISON, Wis. – The ACLU of Wisconsin, on behalf of immigrant rights group Voces de la Frontera, has filed a petition asking the Wisconsin Supreme Court to declare that local sheriffs are breaking the law by holding people in jail on ICE detainers. The lawsuit specifically names five sheriffs, including Kenosha County Sheriff David Zoerner, as respondents.
What’s at Stake
An ICE detainer is not a court-ordered warrant, but rather a voluntary request for a jail to keep someone locked up for up to 48 hours after they would normally be released, so ICE has time to take custody for deportation. The lawsuit argues that honoring these requests amounts to making a new arrest — something Wisconsin law does not authorize sheriffs to do for civil immigration violations.
According to the petition, the number of ICE detainers in Wisconsin has surged in 2025. In just the first seven months of this year, more than 700 detainers were sent to 49 jails across the state, with at least 247 people unlawfully deprived of their liberty. Nearly 60 percent of those transferred to ICE custody still had pending criminal charges in Wisconsin courts.
Kenosha Sheriff Named
The ACLU’s filing directly points the finger at Zoerner, stating that since January 1, 2025, his office received at least 26 detainer requests and transferred at least 17 people into ICE custody. Almost half of those detainees still had pending criminal charges when they were turned over to immigration authorities.
This comes just weeks after Zoerner issued a press release declaring that Kenosha County would not join ICE’s 287(g) program, saying it was not in the “best interest of taxpayers.” Yet, as the lawsuit highlights, his jail is still cooperating with ICE by holding people on detainers. Critics say Zoerner is trying to have it both ways — avoiding a formal 287(g) agreement to protect his political standing, while still facilitating deportations that may now be illegal under state law.
ACLU’s Position
“We believe that state and local law enforcement are overstepping their authority under Wisconsin law by honoring ICE detainers, regardless of whether they operate under a 287(g) agreement with ICE,” said ACLU attorney Tim Muth. “This is an important issue that must be addressed quickly, as our immigrant neighbors are living in fear and constantly at risk of being unlawfully held and apprehended by ICE.”
Christine Neumann-Ortiz, executive director of Voces de la Frontera, said detainers destabilize communities and “spread fear and dehumanize our immigrant neighbors.” She called the practice “offensive and unlawful,” stressing that immigrants — regardless of status — are entitled to constitutional protections.
Potential Fallout
If the Wisconsin Supreme Court rules in favor of the ACLU, sheriffs like Zoerner would be barred from holding anyone past their lawful release date at ICE’s request. That could dramatically limit the role Wisconsin jails play in federal deportation efforts.
For Zoerner, the lawsuit presents an uncomfortable contradiction. Just weeks ago, he told voters he was declining 287(g) participation. Now, he stands accused of secretly doing ICE’s bidding anyway — and of doing so illegally.
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23 Responses
Zoerner has made clear he will continue to honor ICE detainers, cooperation with federal enforcement is still happening. What he’s avoiding is the 287(g) program that would leave the county wide open to lawsuits and liability.
How much taxpayer money do we want to waste defending frivolous lawsuits? By declining 287(g), Zoerner is cooperating with ICE while protecting taxpayers from unnecessary legal costs.
LMAO “unlawfully deprived of their liberty”, um no. They don’t have liberty here as they committed a crime by illegally entering.
Liberals are complete morons
Lol, absolutely. And they are committing crimes. Wake up America, why would you want people here illegally that are committing crimes? They are not contributing positive to our country. We already have enough with our criminals, we can’t put up with another country’s criminals to.
Most pay taxes so..
So what?! Byeeeee!
That illegal immigrants pay taxes.
Just how do they do that on wages ?
Sure everyone pays sale taxes but income taxes ?
That would require cooperation with employers who somehow are sending in payroll taxes under false social security numbers.
Again I’ve heard this before.
Just how does it work ?
Most illegals steal others’ Social Security numbers in order to work. You can defend them all you want until it happens to someone close to you. Sometimes employers and so called temp agencies even help them obtain that number.
Most don’t pay taxes so…
Try overstaying your Visa in Cancun.
Cops will show up within 6 hours and drive your a$$ to the airport!
Sneak into Mexico and you will find yourself in a dirt floor cell with a hole to $hit in and your family will be shaken down for thousands to get you out.
Screw you bleeding heart liberals.
Thats a lie. Lived there for years and nothing happened
You seem to be talking about your personal experience. Many Americans were sent back to the US immediately for not having their FM3 or work visa.
I think this is one of the issues in Judge Dugan’s case in Milwaukee — legal status of ICE warrants.
As applied to our sheriff, interesting question. The solution would be for ICE to be there when the inmate is released to execute their own warrant.
If I have to choose between the ACLU and Sheriff Zoerner, I’d go with David. The ACKU should be paying attention to what Gavin is doing instead of interfering with our turf.
F the Marxist race baiting aclu.
DEPORT THEM ALL!
Investigate the people who run Voces de la Frontera.
Reporter Terry Flores? When Deputy Fabiano was executed by that undocumented felon, vices de Frontera wrote an article defending the assassin. The other day, Kevin posted an article in which I saw that Terry Flores is still around. They never give up.
You should investigate it, Kev.
Give a man a fish, he eats for a day, deport a man, the government never has to give him another fish….
The argument is kinda funny. “How dare a sheriff re-arrest” someone already in jail for another crime… why were these fine people “in jail” already before the detainer? Crimes
ACLU is Anti White and Anti American