(File Photo by Kevin Mathewson, Kenosha County Eye)
KENOSHA, Wis. — After days of scrutiny over the release of a defendant under an active immigration detainer, Sheriff David Zoerner has issued a written response defending his decision to release the inmate — a position that mirrors the argument made by Voces de la Frontera in their lawsuit against him personally. In his statement, Zoerner said an ICE detainer is not a judicial warrant and cannot be used to lawfully hold someone once they post bail on state charges.
(Kenosha County Sheriff’s Office)
The case involves Edson O. Martinez Pacheco, a 24-year-old Mexican national, who was released from the Kenosha County Jail on November 10, 2025, at 11:55 p.m. after posting $1,500 cash bail. He faces two felony charges — one for felony retail theft and another for felony bail jumping. An ICE detainer was active at the time of his release, but Zoerner allowed him to walk free, citing what he described as federal and constitutional limits.
“An ICE detainer alone is not a judicial warrant and does not authorize a local jail to continue holding an individual once they have satisfied their obligations on state charges or posted bail,” Zoerner wrote. “Detainers are administrative requests, and without a judicial order, we cannot lawfully extend a person’s confinement.”
That explanation places Zoerner in line with liberal sheriffs across the country who have refused to honor ICE detainers — a stance that most conservative sheriffs have sharply rejected. Many Wisconsin sheriffs, particularly those in more conservative counties, continue to fully cooperate with ICE and hold inmates for up to 48 hours so federal agents have time to assume custody. By contrast, Zoerner now joins the ranks of non-cooperating sheriffs, a move that has stunned many of his conservative supporters who backed him for his campaign promises to strengthen immigration enforcement.
Multiple county insiders tell Kenosha County Eye that Corporation Counsel Joseph Cardamone III and County Executive Samantha Kerkman urged Zoerner behind the scenes to move in this direction after the Voces de la Frontera/ACLU lawsuit was filed. Both officials deny doing so.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Cardamone wrote that there were “no directives, instructions, or suggestions” from his or Kerkman’s office regarding how to handle ICE detainers. In the same exchange, Kerkman said her office gave no directives and that she was confident the Sheriff was handling the issue appropriately. When asked directly if she had encouraged the Sheriff to release illegal immigrants, Kerkman responded simply: “No.”
(File Photo by Kevin Mathewson, Kenosha County Eye)
The Sheriff’s letter maintains that his department continues to “cooperate with ICE to the fullest extent permitted by law,” though that statement directly contradicts what cooperation has traditionally meant in Kenosha County. For years, the Sheriff’s Office has honored ICE detainers and held inmates for up to 48 hours to allow federal agents time to take custody — the standard definition of cooperation with ICE used by law enforcement across the country. By now refusing to hold inmates at all after they post bail, Zoerner is being disingenuous, if not outright misleading, when he claims there has been “no policy change” in his administration.
This represents a sharp departure from Zoerner’s campaign posture. He ran on a platform of full cooperation with ICE, appeared in Republican-aligned political ads, and made taxpayer-funded trips to the southern border to emphasize his commitment to fighting illegal immigration. He also previously refused to enter a 287(g) agreement, which would have allowed Kenosha County deputies to perform limited immigration enforcement duties inside the jail.
Now, by adopting the same view as the liberal groups suing him, Zoerner has placed himself in their camp — a position at odds with nearly every conservative sheriff in Wisconsin and around the country.
(File Photo by Kevin Mathewson, Kenosha County Eye)
District Attorney Xavier Solis said he was disappointed by the Sheriff’s policy direction:
“Just to be clear, these are individuals who have been arrested for committing crimes in our community — not people randomly rounded up or detained. These illegal aliens being held on ICE detainers are individuals who came here and chose to commit crimes, many of them career criminals. Some of these defendants have victimized local residents, including violent offenses. My concern is for the protection of our community and for the victims who have already suffered.”
For transparency, the Sheriff’s full written statement is included below exactly as received by KCE.
49 Responses
Defend the laws of the USA. An oath.
Terrible of the counsel, the exec and the Sheriff. Rot in hell, all of you.
Exactly, we need this piece of dog poop out of the office out of the county out of the state cuz he’s out of his mind. Same for you samantha, so tired of rinos.😡
RINOs?? So you believe republicans should be shining examples of racist bigotry and constitutional violations just because you don’t like brown people?
Look at the stats of “brown people”.
Not so good. Yet they are flooding the gates, raising crime rates, stealing jobs, lowering wages, and exploiting taxpayer money. If stats are racist, then so am I. Send em all packing.
“Rot in hell”? Are you ok, man?
Tell me you’re a racist non-Christ follower christian nationalist bigot without actually using the words.
Take ur pretend Christian attitude and make a flying leap.
Well, it’s a white, Christian country, so….
You should edit your post to only defends the laws that you like. If you read the post an ICE detainer alone is not enough to hold someone who posts bail. Kenosha County used to be an ICE detention facility until the sheriff at the time pulled out of the contract.
“Any law that goes against the constitution are null and void.”
-Our Forefathers.
Any conservative in the Sheriff Department want to be Sheriff? This guy is one and done.
Recall Zoerner
He has betrayed his voters.
Turns out he’s just another run of the mill politician
who goes back on his promises. Just another liar.
How does a former Wilmot High School “Safety Officer” end up Kenosha County Sheriff in the first place?
Do your research BEFORE you vote!!
KCE was a big supporter of him during the election.
Yea no shit, because the alternative was worse
Same tribe
Very disappointing move from Sheriff Zoerner because releasing these criminal illegal aliens into our community instead of truly co-operating with federal law enforcement and handing them over to ICE will not keep Kenosha County citizens safer. I’m also disgusted with our County Judges’ implementation of their version of no-to-low bail for illegal aliens and violent offenders. If the Sheriff or the judges think we will somehow blame Trump for the increased crime and danger we face because of their actions, they are sadly mistaken. We are already blaming the Sheriff and the judges for illegal alien crimes against us.
They should change the law and have an agreement with ICE To hold illegals for 48 hours.
Law not a courtesy.
I think Joey looks terrible and needs a cut and shave. Very professional. Not.
Joey Baggadonutz
When do we get to vote them out? So tired of this garbage.
Just wait for his skeletons to come out. If he’s a dem as he’s behaving like. He’s bound to be a pedo.
Just like Trump and Epstein?
It all depends on what you think our counties tax dollars should go towards. The people wanting to hold these inmates have no idea how much that costs the county per day. Raise the tax rates so we can house more inmates?
Or deport their sorry asses
Money is not the issue. The law is the issue.
Time for a new sheriff!!!!!
Gee and what is it costing tax payers with these crimes being committed? Will it escalate? Will your family possibly be the next victim?
Knew Mr. Zoerner when he was at Wilmot High School. He was a phony then and he’s a phony today. That seems pretty typical of politicians red and blue. He’s one and done in my voting mind. In his letter he states his commitment to protect the community but his action speak louder than his stated commitment!
I on the other hand took a solemn oath upon enlisting in the USMC, to protect this country against ALL enemies both foreign and domestic. Therefore, I have a solemn duty to protect my family from criminal illegal aliens running free to perpetrate crimes. Unlike Mr. Zoerner, I keep my oath and commitments.
Thank God Wisconsin has laws to support my right to self protection.
Just the smirk on this inmates face shows you that he ” knows the system”. “Can’t touch me”. attitude.
More likely because he knows he can get all the dick he wants in jail.
Hows that “voting” working out for everyone?! They are laughing at all of us. Remember going to war over a 2% tea tax?……Pepperidge Farms remembers…..
Time to take out the tyrants.
Damn right!
https://youtu.be/UOTAdvc1MJM
Hahaha. Love George Carlin! So true.
I dont agree with all of the things about Zorner, but of the choices at the time, he was the better choice. From what I understand, ICE inmates get treated different than other inmates…special privileges etc…rules are made by the Federal side, not the Sheriff’s Dept. I certainly do not agree about allowing this guy being able to get out without the 48hr wait time implimented, but I believe the reason the ICE inmates arent actually kept here is there are just too many requirement and rules, along with the Sheriff’s Dept given too many restrictions from the Federal Govt. Nobody should be getting special treatment. The rules should apply to everyone.
looks like the tree of liberty needs a waterin’…
Zoerner has NO basis to defend his position. He took an oath to defend the Laws and Constitution of the United States.
His position will cause him to be in dereliction of his Duties.
It’s become apparent that he has become delusional and suffers from a depraved liberal mind.
We SHOULD be making the effort to recall these RINOs. I loved what Salem did, but NOW look! They STILL have the corruption going on. Good grief! When will we take control of all this corruption with the local Govt? We need men to step up ( thanks Kevin)! Thanks for what you are doing to expose all the corruption. Now it’s time for others to DO something about it!
I suppose we’ll have to pay for bumpers on the Sherriff cars to be painted now.
really very disappointed in Zoerner- not sure i’ll be supporting him anymore. his statement just seems like bullshit and not very conservative. these illegals need to go NOW! never heard any of them complain about detainers when Obama was deporting. the dems have imported a whole new voter base and will do whatever it takes, by hook or by crook to keep them here. They’ve realized that the black vote has moved away from dems and are no longer blindly voting “blue no matter who”
Zoerner and Kerkman-both RINOS need to go. I think we need a recall election
I wish someone would get to the facts and tell the truth.
It does appear, as an earlier KCE story stated, that the sheriff’s position reflects concerns about a lawsuit filed against him and the county by the ACLU. That’s not unreasonable, if true. But the statement above dances around things and appears to have been written by a lawyer and not a cop. Not surprising but how about just telling the truth? If the county’s legal counsel is suggesting a course of action to minimize potential liability and the sheriff is following that advice, then say so and be done with it. You can’t please everyone but you can tell the truth.
The 287(g) agreement with ICE could be more trouble than its worth. The county partnered with the feds once before and got a chunk of change for doing so until the feds pulled the plug and KSD (or is it KESO that sounds like some kind of cheese) had egg on its face and budget issues. However, the sheriff can cooperate with ICE and not have a 287(g) contract which could be a whole can of worms if he did. If so, say so and be upfront about it.
I don’t have any trouble cutting the sheriff some slack if he’s honest but I feel they keep dancing around things. Tell the truth, the whole truth, and nothing but the truth and move on.
Make sure you keep arresting those big bad pot heads though! Get em!
First off, no one voted for Kenosha County to become a “sanctuary county”. This is a 90/10 issue and the Sheriff has for some reason, sided with the vocal minority.
Second, “An ICE detainer alone is not a judicial warrant…”, I wonder if the Sheriff feels the same way if another county in Wisconsin arrests someone on charges filed in Kenosha, yet that county ignores the Kenosha County DETAINER? That would not be acceptable for HIM.
This is a pathetic move, especially following directives from a known anti-American anarchist group such as Voces de la Frontera. They could be/should be labeled what they really are, a domestic terrorist organization.
If a charge was filed and a warrant issued by a Wisconsin court then it is a judicial warrant and not a “detainer.”
Let’s use an extradition case from Missouri to Wisconsin for example, then. He’s arrested in Missouri but wanted for charges or a warrant in Wisconsin. He can be held in Missouri until Wisconsin can arrange transport to their location. The sherriff has been making disappointing moves and decisions lately. He should also get fit and be an example for his team and the community. We probably should be looking to other strong local leaders who can handle the responsibility of protecting our citizens.
Before he could be held in the other state there needs to be a warrant signed by a judicial officer
Come ass clown, now defend your DEI hire of an ex convict gang banger that quit on your ass after a few months. Get these fucks out of their positions, stop voting for these fucks!
A very disappointing sheriff indeed! The bottom line is WHY would he make this decision. What is his motivation? His response to the criticism is lame at best.
Follow the money, he is doing it for political reasons as the community turns more liberal. Please, a conservative deputy needs to step up and run b/4 it’s too late.