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PBS Wisconsin Original
production.

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>> Funding to help K-12
schools and lower property

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taxes should have passed,
so say 80% of Wisconsinites

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polled.
[MUSIC]

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and gowns, what do job
prospects look like under

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the new domain of AI?
[MUSIC]

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Tonight on "Here& Now"
Charles Franklin on the

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huge support for the
surplus bill that failed

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and where the candidates
for governor stand on

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sharing revenue with locals.
A top state economist

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shares prospects for the
labor market, and a look at

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the lawsuit questioning how
state sheriffs aid federal

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immigration agents.
[MUSIC]

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29th.
>> Funding for "Here& Now"

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is provided by the Focus
Fund for Journalism and

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Friends of PBS Wisconsin.
>> The deal between

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Republican legislative
leaders and Governor Tony

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Evers to use surplus
dollars to reduce property

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taxes, increase school
funding and give out tax

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rebates, failed in colossal
fashion when most Democrats

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voted against it, and
Republican candidate for

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governor, Tom Tiffany,
blasted the bill ahead of

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the vote. But when asked,
most people across the

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state said they were for it.
A new Marquette Law School

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poll found 80% of Wisconsin
adults say the legislature

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should have passed the
measure. Poll director

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Charles Franklin is here
with more. And thanks very

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much for being here.
>> Thanks for having me.

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>> So have you ever
conducted a poll with

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across the board bipartisan
results on any issue like

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this?
>> There are a few, but

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they're really rare. And on
this one, with the 80% in

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favor, that was 77% of
Republicans, 81% of

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independents, 82% of
Democrats. That is really

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an incredibly narrow range
across party. And it's also

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the same across ideology.
78% of liberals, 78% of

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conservatives and statewide,
in every media market in

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the state, it's in the high
70s or 80s in support of

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the bill.
most resonant about why

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people wanted this?
>> Well, I think the

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fundamental thing is that
it gives something that

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everybody wants at least a
piece of. In our other

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polling this year, we've
seen concern about reducing

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property taxes is high with
funding for special

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education is a 70% in favor
of that. And who doesn't

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want a check for 300 or
$600 to a couple? So there

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are popular elements there.
I think the other thing

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that's less obvious is that
this is a kind of old

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fashioned compromise where
everybody got something,

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and it's all about the good
things you're getting

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rather than the bad things.
The conflict in politics

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and in the capital may have
made it hard for that

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compromise to carry over in
the actual votes, where you

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saw both some Republicans
and all Democrats in the

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Senate voting no. That that
inability to reach a

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compromise and stick to it
is much easier for the

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public to see this as a
reasonable outcome, maybe

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harder for legislators.
>> So in your polling, you

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referenced the potential
fiscal impact, but you

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surveyed people before the
Legislative Fiscal Bureau

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actually put a specific
$2.9 billion number on a

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potential projected deficit
as a result of this. Do you

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think if you had that
specific number, it would

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have changed the results?
>> It might have changed it

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a little bit. That report
came out after we were

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already in the field, so it
was too late to incorporate

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it. But we did ask a
separate question that said,

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some opponents have said
this is fiscally

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irresponsible. Do you think
it would be better to wait

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until we have a better
picture of next year's

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budget, or pass it now,
even if that means a

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potential future budget
deficit? It was still 69%

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saying it should be passed.
Now just 21% say wait until

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later. So having that
information, those real

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doubts about the fiscal
situation did lower support

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by 11 points, but it still
left more than two thirds

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in favor. And again, across
the board, Republican,

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independent and Democrats
still wanted it to happen.

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Now.
>> Back to your results.

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How surprising is it that
usual party politics kind

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of don't apply here?
>> Yeah, it's very

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surprising because so
little that we see in state

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politics is bipartisan this
way. I think part of what's

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going on is you had an odd
combination of bipartisan

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support for the bill.
Governor Evers and

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Republican leadership. But
you also had bipartisan

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opposition, Tom, Tiffany's
opposition. Most of the

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Democratic candidates
either were outright

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opposed or were very
lukewarm about the bill.

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And as we saw in the vote
split, there were three

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Republicans in the Senate,
enough to sink the bill

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without Democratic support,
and all Democrats opposed.

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So you had both bipartisan
support and bipartisan

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opposition. So what's a
partizan to do when they're

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sent such conflicting
messages? And the result

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was just almost no
difference in how the

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parties felt about the bill.
>> Now there is the piece

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about Governor Evers not
working with his Democratic

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caucus on this, and then
they mostly vote against it.

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What do you make of Evers
play in this legislation?

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>> I think that's a
politically stunning result,

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not one that most voters
pay that much attention to

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day in and day out, but it
surfaces the fact that for

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seven and a half years,
Evers has really had to

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deal with the Republican
majorities in the

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legislature. The Democratic
minority could do very

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little to help him, though
it was vital for passing

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the most recent budget, for
example. But he just hasn't

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been forced politically to
work with the Democrats in

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the legislature. But this
was really surprising that

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his party would desert him
so completely on, you know,

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the sort of capstone bill
of his term as governor.

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>> You asked the question
in your poll whether

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positions on this bill will
affect the November

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elections. Will it?
>> 25% said it would be

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very important for their
fall vote. I take that with

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a grain of salt. Fall is
still a good ways away, but

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what I think we can be
certain of is that the

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issues of property tax
funding for schools, those

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things are going to be at
the center of our fall

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campaigns. Even if voters
have completely forgotten

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about this bill, and I'm
not sure that they will

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forget about the bill. But
how do you sell that?

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You're for property tax
relief. You're for school

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funding. If both parties
took such ambiguous stands

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on on this budget bill.
>> All right. Charles

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Franklin, thanks very much.
>> Thank you.

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>> The issue of trying to
hold down property taxes

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while also being able to
fund services pertains not

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just to schools, but to
things like fire

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departments and EMS, like
schools. Cities also pass

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referendums, asking local
voters permission to raise

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property taxes to pay for
basic services. Now, this

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has become more common in
recent years, as state

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funding for local
government continues to

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fall behind the cost of
inflation. In our ongoing

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series looking at the
biggest issues in the race

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for governor "Here& Now",
senior political reporter

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Zac Schultz asked the
candidates if they want to

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see any changes to how the
state shares revenue with

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local government.
>> In 2023. Governor Tony

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Evers and legislative
Republicans celebrated a

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bipartisan compromise that
boosted funding for local

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governments by nearly 20%.
But after more than a

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decade of property tax
freezes, local governments

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around the state have still
been forced to go to

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referendums since then to
ask the voters to raise

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their own taxes to cover
the increased costs of

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basic services like police
and fire protection. We

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asked the candidates for
governor if they want to

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see changes to how the
state shares revenue with

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local governments.
>> I served two terms as a

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locally elected official. I
think we need to make sure

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that they are well funded.
I think, especially on the

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infrastructure side in
regards to roads, because

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that's oftentimes the
biggest thing for local

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units of government. We
need to make sure that they

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have good funding to be
able to maintain their

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infrastructure, especially
roads and bridges.

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>> As the county executive,
80% of our local tax levy

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is going towards, you know,
state mandated services.

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These are services that,
you know, most folks may

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not actually utilize, but
those most used amenities,

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like our public parks, like
our county zoo, like our

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county transit system,
these are non-mandated

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services. And it really
puts those particular

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services that help to
improve the quality of life

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for individuals who live in
or around or just play in

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Milwaukee County. Those are
always on the chopping

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block. And so we actually
need a better course of

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action. We need a better
relationship with the state

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of Wisconsin for all local
municipalities to be able

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to fund the necessary
programs and services that

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their residents expect, but
also rely on every day.

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>> I think that the state
needs to meet its

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commitment to local
governments and to our

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public schools. You know,
the promise was that the

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state would cover two
thirds of the cost. And we

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have really very, very
infrequently ever lived up

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to that. Meanwhile, local
property taxpayers are

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asked to raise their own
already too high property

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taxes just to keep the
lights on for our schools

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and keep the snowplows on
the road and police and

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firefighters on the street.
That's not fair. The state

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is sitting on a
multibillion dollar surplus

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and has for years, and it's
time that we reinvested

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that money where taxpayers
expect and deserve it to be

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spent in our local
communities.

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>> When we have the number
of referenda that are still

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going on, when, you know,
places like Whitewater and

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Stevens Point have to go to,
right, we have to go to

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referendum in order to
create positions for

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firefighters. That system
is still not working the

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way it needs to work. And
so, you know, I think that

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no matter what we do, we
need to ensure that the

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relationship between local
government and state

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government is strong and
that we're hearing what's

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happening at the local
level. And I think that we

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have for many years, as
state shared revenue was

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frozen, I think we were not
listening to local

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government as their costs
were increasing.

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>> The state has been
starving our local

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municipalities and for over
a decade now. And so it's

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imperative that we have a
more equitable shared

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revenue formula to make
sure that our local

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municipalities have the
resources they need. They

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say when government is the
government that's closest

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to your door, is the
government that's going to

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pass policies that impact
you quickest. So it's it's

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it's for communities. It's
necessary for our

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communities to have
municipalities that have

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the resources to provide
the services that people

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need.
>> We do need more

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investment in local
government. When I talk to

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municipalities and cities
all across the the state,

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they are really struggling
to be able to provide the

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services that their
constituents expect. Basic

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services. We're talking
about making sure that

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their parks stay open,
their public libraries stay

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open, that there's a public
pool that that kids can go

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to in the summer. So we're
going to have to look at

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that formula of how we fund
municipalities and cities

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to make sure they can
provide those services.

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>> You know, local
governments are really

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struggling under the weight
of a lack of funding. We

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need to do better and make
sure that local communities

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have resources. My platform
of building the economy is

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really focused on looking
at the main streets around

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the state, saying, what do
you need? What are your

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priorities? Giving some
resources so that then they

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can start to generate
momentum and be able to

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have local economies that
are providing good jobs,

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health care and the
services that Wisconsinites

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need.
>> There's long been a

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funding flaw that has made
it more difficult for

236
00:12:35,289 --> 00:12:38,192
municipalities to be able
to get the resources, or

237
00:12:38,258 --> 00:12:41,128
even the money that goes to
Madison, to come back at

238
00:12:41,195 --> 00:12:44,364
the same rate. This has
been an issue in Milwaukee.

239
00:12:44,431 --> 00:12:47,568
That's why we've seen the
raise in sales tax in the

240
00:12:47,634 --> 00:12:51,271
city of Milwaukee and
Milwaukee County. But that

241
00:12:51,338 --> 00:12:54,174
didn't change the formula.
The percentage is still the

242
00:12:54,241 --> 00:12:55,742
same. So effectively,
there's even more money

243
00:12:55,809 --> 00:12:59,847
coming in. But at a time
also when people are

244
00:12:59,913 --> 00:13:03,350
feeling the pinch, you know,
at the grocery store or

245
00:13:03,417 --> 00:13:05,652
anytime they're at any
checkout counter. Now we

246
00:13:05,719 --> 00:13:07,921
have this increased sales
tax, which is making it

247
00:13:07,988 --> 00:13:11,959
even harder for people. But
the reason that is the case

248
00:13:12,025 --> 00:13:15,629
is because Madison has
failed in the legislature,

249
00:13:15,696 --> 00:13:18,732
has failed to actually
implement a real solution

250
00:13:18,799 --> 00:13:22,135
to make it easier for
municipalities to get the

251
00:13:22,202 --> 00:13:24,204
support they deserve. And
we're going to be convening

252
00:13:24,271 --> 00:13:27,541
a group of local elected
officials of mayors very

253
00:13:27,608 --> 00:13:29,643
soon to be able to have
this conversation, have

254
00:13:29,710 --> 00:13:32,145
this discussion in a real
way.

255
00:13:32,212 --> 00:13:34,948
>> Reporting from Madison.
I'm Zac Schultz for "Here&

256
00:13:35,015 --> 00:13:38,252
Now".
>> Wisconsin's unemployment

257
00:13:38,318 --> 00:13:43,056
rate sits at 3.5%. That's
lower than the national

258
00:13:43,123 --> 00:13:45,392
average. But for people
newly entering the job

259
00:13:45,459 --> 00:13:48,328
market like recent
graduates, what are their

260
00:13:48,395 --> 00:13:51,031
prospects? Is the labor
market cooling and what

261
00:13:51,098 --> 00:13:54,935
role does AI have? That's a
lot of questions. We take

262
00:13:55,002 --> 00:13:57,671
them to Scott Hodek,
economist with the state

263
00:13:57,738 --> 00:14:01,308
Department of Workforce
Development. And thanks

264
00:14:01,375 --> 00:14:03,110
>> Yeah, absolutely. Thank
you.

265
00:14:03,177 --> 00:14:05,112
>> So what does the
Wisconsin labor market look

266
00:14:05,179 --> 00:14:08,982
like right now for new
entrants into it?

267
00:14:09,049 --> 00:14:10,951
>> And we're seeing some
deceleration, some slowing

268
00:14:11,018 --> 00:14:14,655
at the national level. And,
you know, a couple that

269
00:14:14,721 --> 00:14:17,891
with with rising prices,
which are a real drag on

270
00:14:17,958 --> 00:14:22,196
the economy and some of the
other indicators that show

271
00:14:22,262 --> 00:14:26,166
some changing spending
patterns and, you know,

272
00:14:26,233 --> 00:14:28,502
flattening trend in real
disposable income, savings

273
00:14:28,569 --> 00:14:30,838
rates, things like that.
And we're definitely seeing

274
00:14:30,904 --> 00:14:34,575
then, you know, a slowing
national economy. And of

275
00:14:34,641 --> 00:14:38,946
course, then in Wisconsin,
we feel that as well. When

276
00:14:39,012 --> 00:14:42,049
I, when I look though at at
our overall labor market,

277
00:14:42,115 --> 00:14:44,017
there are there are some
bright spots too. I mean,

278
00:14:44,084 --> 00:14:47,120
like you noted, we, we do
have a historically low

279
00:14:47,187 --> 00:14:51,091
unemployment rate. So if
you look at, say, national

280
00:14:51,158 --> 00:14:55,329
job openings, data, you do
tend to see that there the

281
00:14:55,395 --> 00:14:57,698
higher rates and the
separation rates tend to be

282
00:14:57,764 --> 00:15:01,702
really tight together. But
there's still, you know, a

283
00:15:01,768 --> 00:15:04,004
relatively speaking, a
decent amount of openings.

284
00:15:04,071 --> 00:15:07,274
We've had plenty of times
in the past where we've had,

285
00:15:07,341 --> 00:15:10,277
you know, technological
change. And that definitely

286
00:15:10,344 --> 00:15:13,380
does cause some disruption.
We've actually done work

287
00:15:13,447 --> 00:15:17,985
for the Governor's task
force on AI and looked into

288
00:15:18,051 --> 00:15:21,288
where there's exposure
amongst these occupations

289
00:15:21,355 --> 00:15:24,858
to AI, and there's a lot
there. There will be a lot

290
00:15:24,925 --> 00:15:26,860
of exposure, but it doesn't
necessarily indicate

291
00:15:26,927 --> 00:15:29,162
substitution. And a lot of
cases it will be folks

292
00:15:29,229 --> 00:15:31,632
working with AI. And that's
that's something we're

293
00:15:31,698 --> 00:15:36,270
already seeing. That said,
new grads have always

294
00:15:37,104 --> 00:15:39,206
adapted, and there are a
lot of job openings out

295
00:15:39,273 --> 00:15:41,341
there. And given
demographics just with the

296
00:15:41,408 --> 00:15:44,311
retirement of the baby
boomers, there are a lot of

297
00:15:44,378 --> 00:15:47,981
positions coming open that
are simply because of

298
00:15:48,048 --> 00:15:51,552
retirements. So there there
actually are a lot of

299
00:15:51,618 --> 00:15:53,320
openings and opportunities
out there. It's just a

300
00:15:53,387 --> 00:15:55,422
matter of kind of
connecting to them.

301
00:15:55,489 --> 00:15:59,626
>> What are the so-called
hot jobs right now?

302
00:16:00,194 --> 00:16:02,696
>> Yeah, a couple of the
industries. And again, so

303
00:16:02,763 --> 00:16:05,365
I'm going to base this off
growth, but we're seeing a

304
00:16:05,432 --> 00:16:07,868
lot of growth in health
care. And that makes sense

305
00:16:07,935 --> 00:16:11,305
with an aging population,
but also with retirements.

306
00:16:11,371 --> 00:16:13,807
And we're seeing a lot of
growth in construction as

307
00:16:13,874 --> 00:16:16,743
well. And you might you
might look at construction

308
00:16:16,810 --> 00:16:19,246
and say, okay, well, that's,
that's mostly manual labor.

309
00:16:19,313 --> 00:16:21,782
And it's there is a lot of
that, but it's not always

310
00:16:21,849 --> 00:16:24,384
the case as well. There's
skilled trades like

311
00:16:24,451 --> 00:16:27,888
electricians and plumbers,
there's machine operators,

312
00:16:27,955 --> 00:16:29,923
and then you've got the
larger companies that do

313
00:16:29,990 --> 00:16:33,026
require accountants and it.
And so you do have a lot of

314
00:16:33,093 --> 00:16:35,095
different occupations mixed
in in these fields that

315
00:16:35,162 --> 00:16:39,933
have been doing well. But
also, you know, if you look

316
00:16:40,000 --> 00:16:43,303
at manufacturing over the
over the last few years,

317
00:16:43,370 --> 00:16:45,939
it's been a downward trend
in employment. And honestly,

318
00:16:46,006 --> 00:16:49,576
over throughout the the
past decades, we've seen

319
00:16:49,643 --> 00:16:51,411
staggered drops in
employment, in

320
00:16:51,478 --> 00:16:53,013
manufacturing, which we've
seen nationally as well.

321
00:16:53,080 --> 00:16:55,249
This is a kind of a
developed world sort of

322
00:16:55,315 --> 00:16:58,685
trend. But what we do see
is that there are still

323
00:16:58,752 --> 00:17:01,822
there's still difficulty
hiring into, into

324
00:17:01,889 --> 00:17:05,058
manufacturing as well. And
it's, it we're looking at a

325
00:17:05,125 --> 00:17:07,995
ton of employment in
Wisconsin and a ton of a

326
00:17:08,061 --> 00:17:11,265
ton of output and
contribution to our gross

327
00:17:11,331 --> 00:17:13,934
domestic product here. So
there are a lot of

328
00:17:14,001 --> 00:17:17,070
positions there that are
open as well, but we don't

329
00:17:17,137 --> 00:17:19,506
necessarily think about
that sometimes as job

330
00:17:19,573 --> 00:17:22,109
seekers. Like, is this
industry growing? If not,

331
00:17:22,176 --> 00:17:24,778
should I not apply there?
And the truth is, there's

332
00:17:24,845 --> 00:17:26,980
so many retirements across
a lot of these different

333
00:17:27,047 --> 00:17:29,216
industries that it's it's
more a matter of thinking

334
00:17:29,283 --> 00:17:32,953
of finding kind of the
occupations that fit. Right.

335
00:17:33,020 --> 00:17:38,292
>> So what are your long
term projections for trends?

336
00:17:38,358 --> 00:17:42,462
The economy? I mean, are
people like you looking at

337
00:17:42,529 --> 00:17:46,867
potential recession?
>> Well, we don't really

338
00:17:47,835 --> 00:17:51,605
speculate on on what we're
going to see in the future.

339
00:17:51,672 --> 00:17:54,908
What I can tell you is that
the trend right now has

340
00:17:54,975 --> 00:17:59,546
been has been slowing. That
said, if if you were to

341
00:17:59,613 --> 00:18:02,115
just sort of grab news
articles around the country,

342
00:18:02,182 --> 00:18:05,152
you would see that that
while that some economists

343
00:18:05,219 --> 00:18:07,855
are projecting that it'll
climb back up, some are

344
00:18:07,921 --> 00:18:10,357
projecting that it will
have we'll have lower GDP

345
00:18:10,424 --> 00:18:14,995
this this year. And there
there are not actually a

346
00:18:15,863 --> 00:18:18,432
ton of them calling for a
recession immediately.

347
00:18:18,498 --> 00:18:20,968
Again, you know, that
doesn't necessarily mean

348
00:18:21,034 --> 00:18:24,071
that we won't have one or
or that one isn't coming.

349
00:18:24,137 --> 00:18:28,108
But what I see right now,
what I can see right now is

350
00:18:28,175 --> 00:18:30,410
what I can tell you. And
that's that we're seeing a

351
00:18:30,477 --> 00:18:33,780
slowing economy. But even
despite all the, the, the

352
00:18:33,847 --> 00:18:36,183
pushback from things like,
you know, tariffs, the war

353
00:18:36,250 --> 00:18:38,285
in Iran, rising prices,
things like that, we're

354
00:18:38,352 --> 00:18:40,988
still seeing growth and
we're still seeing low

355
00:18:41,054 --> 00:18:43,590
unemployment rates. And and
here in Wisconsin, we can

356
00:18:43,657 --> 00:18:47,294
look at our unemployment
insurance claims data. And

357
00:18:47,361 --> 00:18:50,163
we're still seeing that on
trend and below the last

358
00:18:50,230 --> 00:18:54,334
couple of years as well. So
so there, yeah, it's, it's,

359
00:18:54,401 --> 00:18:56,803
it's, it's difficult to say
with all the volatility and

360
00:18:56,870 --> 00:18:59,339
uncertainty right now, what
we'll see going forward.

361
00:18:59,406 --> 00:19:01,842
>> Yeah, indeed. All right.
Well Scott Hodek thanks so

362
00:19:01,909 --> 00:19:04,912
much.
>> Absolutely. Thank you.

363
00:19:06,113 --> 00:19:08,815
>> A federal judge in
Madison today considered

364
00:19:08,882 --> 00:19:12,386
the case of a Wisconsin
tribal nation restricting

365
00:19:12,452 --> 00:19:15,756
non-tribal fishing for
walleye and muskies.

366
00:19:15,822 --> 00:19:18,358
Members of the Lac du
Flambeau band of Lake

367
00:19:18,425 --> 00:19:21,128
Superior Chippewa Indians
arrived at the courthouse

368
00:19:21,195 --> 00:19:24,164
after traveling since
before dawn to hear the

369
00:19:24,231 --> 00:19:27,167
arguments before the judge.
The state of Wisconsin

370
00:19:27,234 --> 00:19:30,037
filed a federal complaint
and early this month was

371
00:19:30,103 --> 00:19:32,973
granted a temporary
restraining order to

372
00:19:33,040 --> 00:19:36,076
prevent the fishing
prohibition against

373
00:19:36,143 --> 00:19:38,879
Wisconsin licensed anglers.
The tribe seeks to restrict

374
00:19:38,946 --> 00:19:41,815
fishing on 19 lakes,
including fence, white sand

375
00:19:41,882 --> 00:19:45,819
and Flambeau in Vilas
County, arguing a loss of

376
00:19:45,886 --> 00:19:49,089
walleye and muskellunge
population.

377
00:19:49,156 --> 00:19:52,226
>> There's 260 lakes on the
Lac du Flambeau reservation.

378
00:19:52,292 --> 00:19:55,362
If we were to shut down 19,
there's 241 more lakes you

379
00:19:55,429 --> 00:19:58,732
can fish and the. 19 you
can fish also with

380
00:19:58,799 --> 00:20:01,201
different species. It's
just the muskie and walleye

381
00:20:01,268 --> 00:20:03,770
we're trying to preserve.
We're trying to see them

382
00:20:03,837 --> 00:20:07,074
make a comeback. And I
don't know why we have to

383
00:20:07,140 --> 00:20:09,576
fight about it, but I guess
that's just the way things

384
00:20:09,643 --> 00:20:12,946
happen.
>> The initial temporary

385
00:20:13,013 --> 00:20:15,516
injunction allows all
fishing to continue on the

386
00:20:15,582 --> 00:20:18,552
19 disputed lakes.
Following today's hearing,

387
00:20:18,619 --> 00:20:21,421
Judge William Conley will
decide whether the Lac du

388
00:20:21,488 --> 00:20:24,458
Flambeau has sovereign
authority to restrict

389
00:20:24,525 --> 00:20:27,194
non-tribal members from
fishing within its

390
00:20:27,261 --> 00:20:30,998
reservation. In other news,
a lawsuit against five

391
00:20:31,064 --> 00:20:33,534
Wisconsin sheriffs in
Walworth, Brower marathon,

392
00:20:33,600 --> 00:20:37,938
Kenosha and Sauk counties
over Ice detainers or

393
00:20:38,005 --> 00:20:40,841
immigration holds waffles
between being heard in

394
00:20:40,908 --> 00:20:43,911
state or federal court. A
federal judge in Madison

395
00:20:43,977 --> 00:20:46,747
this month remanded the
case to the Wisconsin

396
00:20:46,813 --> 00:20:49,783
Supreme Court. The sheriffs
wanted heard in federal

397
00:20:49,850 --> 00:20:53,187
court and have appealed
that remand. The question

398
00:20:53,253 --> 00:20:56,957
before any court is whether
those 48 hour ice holds are

399
00:20:57,024 --> 00:21:00,627
legal in Wisconsin. Our
next guest unpacks the

400
00:21:00,694 --> 00:21:03,797
issue. Bryna Godar, staff
attorney at the UW Law

401
00:21:03,864 --> 00:21:06,466
School State Democracy
Research Initiative, joins

402
00:21:06,533 --> 00:21:08,569
us now. Thanks very much
for being here.

403
00:21:08,635 --> 00:21:11,238
>> Thanks for having me.
>> Well, first of all, how

404
00:21:11,305 --> 00:21:15,209
does an Ice detainer work?
>> An Ice detainer is a

405
00:21:15,275 --> 00:21:18,178
request sent by Ice to
local or state law

406
00:21:18,245 --> 00:21:20,848
enforcement agencies,
asking them to hold

407
00:21:20,914 --> 00:21:24,218
somebody for an additional
48 hours beyond when they

408
00:21:24,284 --> 00:21:26,320
would otherwise be released
under state law. And these

409
00:21:26,386 --> 00:21:28,789
are voluntary requests. So
the local law enforcement

410
00:21:28,856 --> 00:21:31,558
officers can decide whether
to follow that request or

411
00:21:31,625 --> 00:21:34,194
not. If they do follow it,
then the person would

412
00:21:34,261 --> 00:21:35,863
remain in custody beyond
when they would otherwise

413
00:21:35,929 --> 00:21:37,865
be released.
>> Waiting for Ice to come

414
00:21:37,931 --> 00:21:39,867
and retrieve them.
>> Yes. Yeah.

415
00:21:39,933 --> 00:21:43,737
>> And so how common is the
use of these Ice detainers

416
00:21:43,804 --> 00:21:46,273
across Wisconsin?
>> So according to some

417
00:21:46,340 --> 00:21:50,310
data from October 2021
through June 2025, I sent

418
00:21:50,377 --> 00:21:54,948
more than 3300 detainer
requests. Not all of those

419
00:21:55,015 --> 00:21:57,985
were necessarily honored,
coming in. And counties

420
00:21:58,051 --> 00:22:01,088
really vary in whether they
are working with Ice to

421
00:22:01,154 --> 00:22:03,090
honor those, or if they
have policies that limit

422
00:22:03,156 --> 00:22:05,325
how frequently they honor
those detainers.

423
00:22:05,392 --> 00:22:07,427
>> Presumably, this has
ticked up during the

424
00:22:07,494 --> 00:22:09,930
current Trump
administration. So what has

425
00:22:09,997 --> 00:22:13,100
that cooperation on the
part of sheriffs and

426
00:22:13,166 --> 00:22:15,469
sheriff's departments
resulted in?

427
00:22:15,536 --> 00:22:17,971
>> So the petitioners in
this case are arguing that

428
00:22:18,038 --> 00:22:21,108
that results in unlawful
detention of individuals

429
00:22:21,175 --> 00:22:23,443
past when they would
typically be released. And

430
00:22:23,510 --> 00:22:26,346
that can have significant
impacts for individuals

431
00:22:26,413 --> 00:22:29,516
potentially dealing with
child care or dealing with

432
00:22:29,583 --> 00:22:31,718
missing work. This can
apply to people who are not

433
00:22:31,785 --> 00:22:34,688
just at the end of a
criminal sentence, but also

434
00:22:34,755 --> 00:22:36,523
in pretrial detention. So
who might otherwise be

435
00:22:36,590 --> 00:22:38,625
detained for a relatively
short time? Those

436
00:22:38,692 --> 00:22:40,594
additional couple days can
have a significant impact.

437
00:22:40,661 --> 00:22:42,529
And there are also concerns
that cooperation between

438
00:22:42,596 --> 00:22:46,099
local law enforcement and
Ice can erode trust in

439
00:22:46,166 --> 00:22:48,902
local communities with law
enforcement, and lead to

440
00:22:48,969 --> 00:22:51,572
underreporting of crimes
and less of a close

441
00:22:51,638 --> 00:22:53,440
relationship with the
immigration community.

442
00:22:53,507 --> 00:22:56,443
>> So the lawsuit argues
that these holds are not

443
00:22:56,510 --> 00:23:00,914
legal because sheriffs have
no authority with

444
00:23:00,981 --> 00:23:05,886
administrative warrants to
conduct a second arrest of

445
00:23:05,953 --> 00:23:08,689
someone. Would you expect
that the state and federal

446
00:23:08,755 --> 00:23:11,458
courts would have a
different view on that?

447
00:23:11,525 --> 00:23:14,228
>> I think it depends on
whether they view this as

448
00:23:14,294 --> 00:23:18,198
really an issue of state
law or federal law. So the

449
00:23:18,265 --> 00:23:20,634
plaintiffs in this case are
arguing that this is really

450
00:23:20,701 --> 00:23:23,470
just an issue of state law.
And that is something that

451
00:23:23,537 --> 00:23:25,706
you would sort of expect
the Wisconsin courts to

452
00:23:25,772 --> 00:23:28,242
actually have the more
expertise on and be able to

453
00:23:28,308 --> 00:23:30,677
decide in a more
authoritative way. What the

454
00:23:30,744 --> 00:23:32,646
respondents are arguing is
that there's this federal

455
00:23:32,713 --> 00:23:35,015
law issue of whether
federal law sort of

456
00:23:35,082 --> 00:23:38,252
independently provides some
basis for that arrest

457
00:23:38,318 --> 00:23:40,521
authority. And so if they
succeed in getting this

458
00:23:40,587 --> 00:23:43,390
case into federal court,
the federal courts might be

459
00:23:43,457 --> 00:23:45,759
more open to that. And it
seems like respondents

460
00:23:45,826 --> 00:23:47,861
think that federal court
might be more favorable to

461
00:23:47,928 --> 00:23:50,397
it because they are seeking
to get it into federal

462
00:23:50,464 --> 00:23:52,299
court.
enforcement, under state

463
00:23:52,366 --> 00:23:54,668
statute, can arrest if
there are reasonable

464
00:23:54,735 --> 00:23:57,838
grounds to believe that the
person is committing or has

465
00:23:57,905 --> 00:24:02,009
committed a crime. Wouldn't
an argument be that someone

466
00:24:02,075 --> 00:24:07,014
entering into the country
illegally and staying

467
00:24:07,080 --> 00:24:09,883
constitutes a crime?
>> So first of all, the

468
00:24:09,950 --> 00:24:13,754
statute, it is not a crime
under state law to enter

469
00:24:13,820 --> 00:24:15,923
and be in the country
unlawfully. And so it's not

470
00:24:15,989 --> 00:24:18,058
clear that that statute
itself would give the

471
00:24:18,125 --> 00:24:20,594
authorization for state law
enforcement to make that

472
00:24:20,661 --> 00:24:23,830
arrest. But even if it did,
federal law only

473
00:24:23,897 --> 00:24:26,466
criminalizes a narrow
subset of immigration

474
00:24:26,533 --> 00:24:28,302
violations, particularly
entering the country

475
00:24:28,368 --> 00:24:30,604
unlawfully. So somebody,
for example, who enters

476
00:24:30,671 --> 00:24:33,373
with a lawful visa and then
overstays that visa has not

477
00:24:33,440 --> 00:24:35,943
actually committed a
federal immigration crime.

478
00:24:36,009 --> 00:24:38,445
Also, Ice detainers can
issue two folks with green

479
00:24:38,512 --> 00:24:42,049
cards who then are facing
deportation proceedings

480
00:24:42,115 --> 00:24:45,219
because they have committed
a crime subsequent to

481
00:24:45,285 --> 00:24:47,754
entering the country, but
they are not actually

482
00:24:47,821 --> 00:24:49,790
unauthorized until they go
through those proceedings.

483
00:24:49,857 --> 00:24:52,426
And so there are many
people who are subject to

484
00:24:52,492 --> 00:24:54,661
Ice detainers who have not
committed any sort of

485
00:24:54,728 --> 00:24:57,464
federal immigration crime.
>> So if it is decided in

486
00:24:57,531 --> 00:25:00,968
state court, would it only
apply in Wisconsin versus

487
00:25:01,034 --> 00:25:03,637
applying nationally if it
was decided in federal

488
00:25:03,704 --> 00:25:05,239
court?
>> Yes. So if it's decided

489
00:25:05,305 --> 00:25:07,908
in Wisconsin, it would only
apply in Wisconsin. The

490
00:25:07,975 --> 00:25:10,577
reach of a federal court
decision would depend on

491
00:25:10,644 --> 00:25:13,213
what issues they decide and
also what level of court it

492
00:25:13,280 --> 00:25:15,949
gets to. So if the federal
court ultimately rules

493
00:25:16,016 --> 00:25:19,019
mostly on Wisconsin law and
based on Wisconsin statutes,

494
00:25:19,086 --> 00:25:21,255
then it wouldn't apply
beyond the state. It would

495
00:25:21,321 --> 00:25:24,157
just sort of be persuasive
to other courts, like a

496
00:25:24,224 --> 00:25:26,326
Wisconsin Supreme Court
ruling would be as well, if

497
00:25:26,393 --> 00:25:28,962
the federal court were to
rule on more of a blanket

498
00:25:29,029 --> 00:25:31,031
federal law issue, and
particularly if that were

499
00:25:31,098 --> 00:25:33,934
to get appealed up to the
Seventh Circuit or the US

500
00:25:34,001 --> 00:25:35,702
Supreme Court, then that
could have broader national

501
00:25:35,769 --> 00:25:38,639
implications.
goal, for it to go all the

502
00:25:38,705 --> 00:25:41,608
way up?
is. The merits briefing

503
00:25:42,142 --> 00:25:44,745
hasn't happened yet, either
at the state level or at

504
00:25:44,811 --> 00:25:47,147
the federal court level.
The Federal court remanded

505
00:25:47,214 --> 00:25:49,716
based on a timing issue of
the filing. And so we don't

506
00:25:49,783 --> 00:25:52,619
really have a good sense
yet of how viable it would

507
00:25:52,686 --> 00:25:55,589
be for this to become
really a major federal law

508
00:25:55,656 --> 00:25:57,758
case that goes all the way.
>> All right. Well, we'll

509
00:25:57,824 --> 00:25:59,660
see what happens. Bryna.
Godar, thanks so much.

510
00:25:59,726 --> 00:26:02,229
>> Thank you.
>> For more on this and

511
00:26:02,296 --> 00:26:04,965
other issues facing
website at PBS

512
00:26:05,032 --> 00:26:07,267
wisconsin.org and then
click on the news tab.

513
00:26:07,334 --> 00:26:09,803
That's our program for
tonight. I'm Frederica

514
00:26:09,870 --> 00:26:12,773
Freyberg. Have a good
weekend.

515
00:26:44,071 --> 00:26:45,038
>> Funding for "Here& Now"
is provided by the Focus

516
00:26:45,105 --> 00:26:47,608
is provided by the Focus
Fund for Journalism and

517
00:26:47,674 --> 00:26:50,143
friends of PBS Wisconsin.
