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A lawsuit against

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five Wisconsin sheriffs

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in Walworth, Brown, Marathon

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Kenosha and Sauk counties

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over ICE detainers

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or immigration holds

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waffles between being heard in

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state or federal court.

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First of all, how does

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an ICE detainer work?

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An ICE detainer

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is a request sent by ICE

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to local or state

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law enforcement agencies

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asking them to hold somebody

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for an additional 48 hours

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beyond when they would otherwise

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be released under state law.

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These are voluntary requests

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so the local

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law enforcement officers

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can decide whether to

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follow that request or not.

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If they do follow it

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then the person would

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remain in custody beyond

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when they would otherwise

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be released.

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Waiting for ICE to

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come and retrieve.

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Yes. Yeah.

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So what has that cooperation

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on the part of sheriffs and

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sheriff's departments

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resulted in?

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So the petitioners in this case

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are arguing that

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that results in

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unlawful detention

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of individuals past when they

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would typically be released.

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That can have significant

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impacts for individuals

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potentially dealing with

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child care or dealing with

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missing work.

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This can apply to people

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who are not just at the end of

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a criminal sentence, but also

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in pretrial detention

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so who might otherwise be

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detained for a

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relatively short time.

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Those additional couple of days

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can have a significant impact.

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There are also concerns

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that cooperation between

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local law enforcement and ICE

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can erode trust

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in local communities

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with law enforcement

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and lead to

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underreporting of crimes

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and less of a close relationship

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with the immigration community.
