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Wisconsin Legislature: AB739: Bill Text
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AB739: Bill Text
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2025 - 2026 LEGISLATURE
LRB-4415/1
MPG:ajk
2025 ASSEMBLY BILL 739
December 3, 2025 - Introduced by Representatives
Hong
,
Prado
,
Miresse
,
Clancy
,
Madison
,
Moore Omokunde
,
Ortiz-Velez
,
Phelps
,
Taylor
,
Tenorio
,
Kirsch
,
Stroud
,
Bare
,
Neubauer
,
Arney
,
Mayadev
,
Stubbs
,
Sinicki
,
Johnson
and
Joers
, cosponsored by Senators
Drake
,
Larson
,
Carpenter
and
Keyeski
. Referred to Committee on Criminal Justice and Public Safety.
AB739,1,2
1
An Act
to create
20.932 of the statutes;
relating to:
prohibitions concerning
2
state or local government assistance with federal immigration enforcement.
Analysis by the Legislative Reference Bureau
Under this bill, no official, employee, or agent of a state agency or other body in state government or a local governmental unit, including any law enforcement officer, may aid in the detention of an individual if the individual is being detained on the sole basis that the individual is or is alleged to be not lawfully present in the United States. The bill does not prohibit any state or local government official from providing access to any place or facility as required pursuant to a properly executed judicial warrant.
Additionally, under current law, the federal attorney general may enter into agreements with states or political subdivisions within states to perform certain immigration enforcement activities at the expense of the state or political subdivision and to the extent consistent with state and local law. This is permitted under section 287(g) of the federal Immigration and Nationality Act, codified in 8 USC § 1357 (g), and these agreements are colloquially known as 287(g) agreements. The bill prohibits state agencies or other bodies in state government and local governmental units, including any law enforcement agencies, from entering into 287(g) agreements or continuing existing 287(g) agreements.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB739,1
1
Section
1
.
20.932 of the statutes is created to read:
AB739,2,3
2
20.932 Prohibitions concerning assistance with federal immigration
3
enforcement.
AB739,2,4
4
(1)
Definitions.
In this section:
AB739,2,8
5
(a) “Local governmental unit” means a political subdivision, a special purpose
6
district, an agency or corporation of a political subdivision or special purpose
7
district, a school district, or a combination or subunit of any of the foregoing in this
8
state.
AB739,2,11
9
(b) “State agency” means an association, authority, board, department,
10
commission, independent agency, institution, office, society, or other body in state
11
government created or authorized to be created by the constitution or any law.
AB739,2,16
12
(2)
Assistance by state and local officials.
(a) No official, employee, or
13
agent of a state agency or local governmental unit, including any law enforcement
14
officer, may aid in the detention of an individual if the individual is being detained
15
on the sole basis that the individual is or is alleged to be not lawfully present in the
16
United States.
AB739,2,19
17
(b) Paragraph (a) does not prohibit an official, employee, or agent of a state
18
agency or local governmental unit from providing access to any place or facility as
19
required pursuant to a properly executed judicial warrant.
AB739,3,2
20
(3)
Federal immigration enforcement agreements.
No state agency or
21
local governmental unit, including any law enforcement agency, may enter into an
1
agreement, or continue an existing agreement, with the federal government under
2
8 USC 135
7 (g).
AB739,3,3
3
(end)
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