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Federal Judge Sends ICE-Detainer Challenge Back to Wisconsin Supreme Court

The ruling keeps the detainer fight on a fast track in a court that could soon tilt further left.

Overview

  • U.S. District Judge William Conley ruled the sheriffs removed the case too late and sent it back to the Wisconsin Supreme Court.
  • Lawyers for five county sheriffs said they disagree with the decision and are weighing an appeal to the Seventh Circuit.
  • The ACLU of Wisconsin filed the case as an original action for Voces de la Frontera, arguing ICE detainers do not give jails state-law authority to hold people up to 48 hours.
  • ACLU attorney Tim Muth said the federal detour slowed a ruling while many people stayed in Wisconsin jails on detainers.
  • The state high court holds a 4–3 liberal majority that will expand to 5–2 in August when Justice‑elect Chris Taylor takes office.