SB 57 — Relating to: county sheriff assistance with certain federal immigration functions. (FE)
Last action — Failed to pass pursuant to Senate Joint Resolution 1
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1Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill has been introduced in the Senate. Introduced February 21, 2025. It must pass committee before a floor vote.
Next likely step: a committee referral and hearing.
Odds of enactment
Low chanceBased on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Introduced
Current position in the legislative process.
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45 sponsors
1 primary, 44 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (8 R).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
An Act to create 59.28 (3) and 79.039 (1g) of the statutes;
Bill Text
What changed in the latest version
101 added · 9 removedPlain-language change summary
The amendment to SB 57 clarifies that the requirement for sheriffs to request proof of legal presence applies specifically to individuals held for offenses that are punishable as felonies, rather than all criminal offenses. This change is significant because it narrows the focus of the law and targets serious crimes, potentially reducing the burden on law enforcement resources while still allowing for the federal immigration processes to be followed for the more serious offenses.
- 2026 LEGISLATURE LRBa0052/1LRB-1735/1 EVM:skwEVM:cdc SENATE AMENDMENT 1, TO SENATE BILL 57 MarchFebruary 12,21, 2025 - OfferedIntroduced by SenatRADLEY.Senators B RADLEY , JACQUE , KAPENGA , NASS, Q UINN, TESTIN, TOMCZYK and W ANGGAARD , cosponsored by Representatives VOS , IWOWARCZYK , LLEN , ARMSTRONG , UGUST , BEHNKE , RILL, CALLAHAN , D ALLMAN , DITTRICH, DONOVAN , DUCHOW , GOEBEN , GREEN , GUNDRUM , HURD, B.
AtJACOBSON the, locationsKNODL indicated,, amendREIBICH the, billRUG as, follows:MAXEY , MURPHY , MURSAU , EDWESKI , O'C ONNOR , P ENTERMAN , PETERSEN , SORTWELL , SPIROS , STEFFEN , SWEARINGEN , TITTL, TUCKER , T USLER, W ICHGERS , ZIMMERMAN and G USTAFSON .
Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
A N A CT to create 59.28 (3) and 79.039 (1g) of the statutes;
relating to:
county sheriff assistance with certain federal immigration functions.
Analysis by the Legislative Reference Bureau This bill requires sheriffs to request proof of legal presence status from individuals held in a county jail for an offense punishable as a felony.
The bill also requires sheriffs to comply with detainers and administrative warrants received from the federal department of homeland security regarding individuals held in the county jail for a criminal offense.
Under the bill, sheriffs must annually certify to the Department of Revenue that they have complied with each of these requirements.
If a sheriff fails to provide such a certification, DOR must reduce the county’s shared revenue payments for the next year by 15 percent.
The bill also requires sheriffs to maintain a record of the number of individuals from whom proof of legal presence is requested who are verified as unlawfully present in this state and a list of the types of crimes for which those individuals were confined in the jail.
The information must be provided to the Department of Justice upon request, and DOJ must compile the information and submit a report to the legislature.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
- 2026 Legislature - 2 - LRB-1735/1 EVM:cdc SENATE BILL 57 SECTION 1 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
S ECTION 1.
59.28 (3) of the statutes is created to read:
59.28 (3) (a) 1.
For any individual confined in the jail for an offense punishable as a felony, the sheriff shall request proof from the individual of whether the individual is lawfully present in the United States.
Only the following constitute proof of lawful presence under this paragraph:
a.
A U.S.
passport.
b.
A birth record bearing an official seal or other mark of authentication and issued by a state, county, or municipality within the United States or by a territory or possession of the United States.
c.
A record of birth abroad issued by the federal department of state.
d.
A certificate of naturalization.
e.
A certificate of U.S.
citizenship.
f.
A permanent resident card or alien registration receipt card, along with the person's bureau of citizenship and immigration services alien registration number.
g.
Any other proof specified in 49 CFR 383.71 (b) (9), along with the person's bureau of citizenship and immigration services alien registration number.
h.
Documentary proof of conditional permanent resident status in the United States.
i.
A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States.
j.
Show all 76 changed lines (36 more)
An approved application for asylum in the United States or documentary proof that the person has entered into the United States in refugee status.
- 2026 Legislature - 3 - LRB-1735/1 EVM:cdc SENATE BILL 57 SECTION 1 k.
A pending application for asylum in the United States.
L.
A pending or approved application for temporary protected status in the United States.
m.
An approved deferred action status.
n.
A pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
o.
A valid Wisconsin operator's license or a valid identification card issued under s.
343.50.
2.
If the sheriff is unable to verify that an individual under subd.
Pageis 3,lawfully linepresent 15:in the United States, the sheriff shall immediately inform the federal department of homeland security of the inability to make a verification.
delete(b) XaIf criminalthe offense,Ysheriff receives a detainer and substituteadministrative Xanwarrant offensefrom punishablethe asfederal department of homeland security that reasonably appears to be for an individual who is confined in the jail for a felony,Y.criminal offense, the sheriff shall comply with the requests of the detainer.
ENDThe )sheriff shall seek reimbursement from the federal government for any costs incurred while holding individuals under this paragraph.
(c) Annually, not later than July 1, a sheriff shall certify to the department of revenue that, for the preceding year, the sheriff has complied with the requirements of pars.
(a) and (b).
(d) 1.
The sheriff shall maintain a record of the number of individuals subject to a request under par.
(a) 1.who are verified as unlawfully present in this state and - 2026 Legislature - 4 - LRB-1735/1 EVM:cdc SENATE BILL 57 SECTION 1 a list of the types of crimes for which those individuals were confined in the jail and provide the records to the department of justice upon request.
2.
Beginning January 1, 2027, and every 6 months thereafter, the department of justice shall submit a report compiling the data collected under subd.
1.
to the appropriate standing committees of the legislature under s.
13.172 (3).
(e) No law enforcement agency, as defined in s.
165.83 (1) (b), or law enforcement officer employed by a law enforcement agency may be subject to criminal or civil liability for an action taken under par.
(a) or (b).
S ECTION 2.
79.039 (1g) of the statutes is created to read:
79.039 (1g) For the distribution in 2026 and subsequent years, if in any year a county’s sheriff fails to satisfy the requirements under s.
59.28 (3) (c), the secretary of administration shall reduce the county’s total of payments under ss.
79.036 and 79.037 for the next year by 15 percent.
(END)
Show all 76 changed rows (36 more)
View plain text versions (2)
- Bill Text View text pdf
- Amended Senate Amendment 1 Current pdf
Action History
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Failed to pass pursuant to Senate Joint Resolution 1
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Available for scheduling
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Report passage as amended recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2
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Report adoption of Senate Amendment 1 recommended by Committee on Licensing, Regulatory Reform, State and Federal Affairs, Ayes 3, Noes 2
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Executive action taken
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Public hearing held
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Fiscal estimate received
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Senate Amendment 1 offered by Senator Bradley
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Fiscal estimate received
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Read first time and referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs
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Introduced by Senators Bradley, Jacque, Kapenga, Nass, Quinn, Testin, Tomczyk and Wanggaard; cosponsored by Representatives Vos, Piwowarczyk, Allen, Armstrong, August, Behnke, Brill, Callahan, Dallman, Dittrich, Donovan, Duchow, Goeben, Green, Gundrum, Hurd, B. Jacobson, Knodl, Kreibich, Krug, Maxey, Murphy, Mursau, Nedweski, O'Connor, Penterman, Petersen, Sortwell, Spiros, Steffen, Swearingen, Tittl, Tucker, Tusler, Wichgers, Zimmerman and Gustafson
Sponsors
- Duchow · Cosponsor
- Kreibich · Cosponsor
- Steffen · Cosponsor
- Julian Bradley · Primary
- André Jacque · Cosponsor
- Chris Kapenga · Cosponsor
- Steve Nass · Cosponsor
- Romaine Quinn · Cosponsor
- Patrick Testin · Cosponsor
- Cory Tomczyk · Cosponsor
- Van Wanggaard · Cosponsor
- Vos · Cosponsor
- Piwowarczyk · Cosponsor
- Allen · Cosponsor
- Armstrong · Cosponsor
- August · Cosponsor
- Behnke · Cosponsor
- Brill · Cosponsor
- Callahan · Cosponsor
- Dallman · Cosponsor
- Dittrich · Cosponsor
- Donovan · Cosponsor
- B. Jacobson · Cosponsor
- Green · Cosponsor
- Gundrum · Cosponsor
- Hurd · Cosponsor
- Knodl · Cosponsor
- Krug · Cosponsor
- Maxey · Cosponsor
- Murphy · Cosponsor
- Mursau · Cosponsor
- Nedweski · Cosponsor
- O'Connor · Cosponsor
- Penterman · Cosponsor
- Petersen · Cosponsor
- Sortwell · Cosponsor
- Spiros · Cosponsor
- Swearingen · Cosponsor
- Tittl · Cosponsor
- Tucker · Cosponsor
- Tusler · Cosponsor
- Wichgers · Cosponsor
- Zimmerman · Cosponsor
- Gustafson · Cosponsor
- Goeben · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 44 co-sponsors · 87 not signed on
Sponsors (1)
- Bradley, Julian Republican
Co-sponsors (44)
- Duchow
- Kreibich
- Steffen
- Jacque, André Republican
- Kapenga, Chris Republican
- Nass, Steve Republican
- Quinn, Romaine Republican
- Testin, Patrick Republican
- Tomczyk, Cory Republican
- Wanggaard, Van Republican
- Vos
- Piwowarczyk
- Allen
- Armstrong
- August
- Behnke
- Brill
- Callahan
- Dallman
- Dittrich
- Donovan
- B. Jacobson
- Green
- Gundrum
- Hurd
- Knodl
- Krug
- Maxey
- Murphy
- Mursau
- Nedweski
- O'Connor
- Penterman
- Petersen
- Sortwell
- Spiros
- Swearingen
- Tittl
- Tucker
- Tusler
- Wichgers
- Zimmerman
- Gustafson
- Goeben
Not signed on (87)
87 members have not signed on to this bill.
Show all 87 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does SB 57 do?
- An Act to create 59.28 (3) and 79.039 (1g) of the statutes;
- Who sponsors SB 57?
- SB 57 is sponsored by Duchow, Kreibich, Steffen, Bradley, Julian (Republican), Jacque, André (Republican), Kapenga, Chris (Republican), Nass, Steve (Republican), Quinn, Romaine (Republican), Testin, Patrick (Republican), Tomczyk, Cory (Republican), Wanggaard, Van (Republican), Vos, Piwowarczyk, Allen, Armstrong, August, Behnke, Brill, Callahan, Dallman, Dittrich, Donovan, B. Jacobson, Green, Gundrum, Hurd, Knodl, Krug, Maxey, Murphy, Mursau, Nedweski, O'Connor, Penterman, Petersen, Sortwell, Spiros, Swearingen, Tittl, Tucker, Tusler, Wichgers, Zimmerman, Gustafson, and Goeben.
- What is the current status of SB 57?
- This bill has been introduced in the Senate. Introduced February 21, 2025. It must pass committee before a floor vote.
- Where can I track SB 57?
- Track SB 57 free on One Click Politics — get push/email alerts when it moves.
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