Wisconsin Immigration: State Rules vs. Federal Law - and What to Do Here

This article reflects Wisconsin law and enforcement conditions as of June 2026. Wisconsin has no statewide sanctuary law and no enacted statewide mandatory ICE cooperation mandate as of June 2026. The state operates under divided government: Democratic Gov. Tony Evers has actively resisted Republican-backed cooperation legislation and has stated he would likely veto mandatory 287(g) bills if passed. Republicans control the Legislature but have not passed mandatory cooperation legislation that has survived a veto. Key facts: Wisconsin has no 287(g) agreements at the state agency level as of June 2026. Local 287(g) participation varies by county; Dane County Sheriff announced in 2025 he would no longer participate in SCAAP, the State Criminal Alien Assistance Program. Milwaukee is Wisconsin's largest city; Milwaukee Mayor Cavalier Johnson has explicitly declined to declare Milwaukee a sanctuary city, while maintaining existing limits on police cooperation with ICE civil enforcement. Milwaukee and Madison, along with Dane County and Shawano County, were placed on the DHS sanctuary jurisdiction list in May 2025. Gov. Evers' Department of Administration issued guidance in April 2025 to state employees on how to respond if ICE or other federal agents appear at their workplace - directing employees to contact their attorney, not consent to entry of non-public areas, and not provide data without attorney approval. Republicans characterized this as blocking ICE; Evers stated he was not directing employees to break the law. The Hannah Dugan case: Milwaukee County Circuit Court Judge Hannah Dugan was arrested by the FBI on April 25, 2025, on federal obstruction charges after she directed a defendant in her courtroom - Eduardo Flores-Ruiz, who had a pending ICE administrative warrant - out a private jury door to avoid waiting ICE agents on April 18, 2025. A federal jury convicted Dugan of one felony count of obstruction on December 18, 2025. Dugan resigned from the bench January 3, 2026. Her conviction was upheld by U.S. District Judge Adelman on June 16, 2026. She faces up to five years in prison; sentencing had not been set as of June 2026. ICE operates in Wisconsin through the Chicago Field Office. Twin Cities ICE enforcement operations in 2025-2026 extended into Wisconsin border communities. Wisconsin's undocumented immigrant population is estimated at approximately 70,000, many working in dairy farming, agriculture, and food processing. Verify current enforcement conditions at Voces de la Frontera (vdlf.org) or the ACLU of Wisconsin (aclu-wi.org).

Where Wisconsin Stands

Wisconsin is a purple state with a Democratic governor and a Republican-controlled legislature - the same political structure that has prevented either sweeping sanctuary protections or sweeping mandatory cooperation mandates from becoming law. The result is a state where local agencies make their own decisions within the constitutional framework, where the governor has actively pushed back on federal enforcement but lacks the legislative backing to codify those positions, and where individual incidents - like the Hannah Dugan courthouse case - have generated national attention and shaped the political debate.

The Hannah Dugan case is Wisconsin's defining immigration enforcement story of 2025-2026. A Milwaukee County Circuit Court judge was convicted of a federal felony for directing a defendant out a courthouse back door to help him avoid waiting ICE agents - an act her supporters described as judicial independence and her critics described as obstruction of federal law. The case turned on the question of courthouse ICE enforcement, the difference between judicial warrants and administrative warrants, and where a sitting judge's authority ends and federal enforcement authority begins. Her conviction was upheld June 16, 2026; sentencing was pending.

Wisconsin's undocumented immigrant population is estimated at approximately 70,000 people, concentrated in the dairy and agricultural communities of central and western Wisconsin, the meat processing and food industry communities of Green Bay, Sheboygan, and the Fox Valley, and in Milwaukee and Madison. Dairy farming in Wisconsin is significantly dependent on immigrant labor; enforcement actions in agricultural communities carry economic implications for the state's dairy industry.

Part 1: What Federal Immigration Law Actually Says

Immigration enforcement is exclusively a federal function under the Immigration and Nationality Act (INA). The federal government controls who may enter, remain in, and be removed from the United States. State and local governments cannot create their own immigration enforcement systems that conflict with the INA.

The Tenth Amendment anti-commandeering doctrine, established in Printz v. United States (1997), means the federal government cannot compel state and local agencies to enforce federal immigration law. Wisconsin has no 287(g) agreements at the state level. Local agencies in Wisconsin that cooperate with ICE do so voluntarily; those that decline to honor civil detainers or cooperate with civil enforcement may do so under the same constitutional principle.

ICE detainers, Form I-247, are administrative requests, not court orders. Wisconsin has no state law specifically mandating compliance with civil ICE detainers. Local agencies in Wisconsin retain discretion on whether to honor administrative detainers. Dane County Sheriff Kalvin Barrett announced in 2025 that his department would no longer participate in SCAAP, the State Criminal Alien Assistance Program, and by policy declines to honor civil detainers without judicial authorization. Milwaukee Police Department maintains existing limits on cooperation with ICE civil enforcement.

The Hannah Dugan case illustrates the distinction between judicial warrants and administrative warrants in a concrete and consequential way. ICE agents who came to the Milwaukee courthouse on April 18, 2025, had an administrative warrant for Eduardo Flores-Ruiz - not a judicial warrant signed by a judge. Judge Dugan directed the agents to the chief judge's office when they presented the administrative warrant. Courts have consistently held that administrative warrants do not authorize entry into private spaces; whether Dugan's actions in that context constituted obstruction of a federal proceeding was the question the jury and judge resolved against her.

Arizona v. United States (2012) is the controlling preemption precedent. Wisconsin's patchwork of local cooperation decisions - some agencies cooperating, some not - operates within the constitutional space that case defined. No Wisconsin agency is compelled by state law to enforce federal immigration law.

Part 2: Wisconsin State Law and Local Posture

No Statewide Law - In Either Direction

Wisconsin has no enacted statewide sanctuary law and no enacted statewide mandatory ICE cooperation law as of June 2026. The Republican-controlled Legislature has considered mandatory cooperation bills - Assembly Bill 24 / Senate Bill 57 and related measures - that would require sheriffs to verify immigration status of people arrested for felonies and report them to ICE. Gov. Evers has stated he would likely veto such legislation. The Legislature has not overridden or worked around Evers' veto threat as of June 2026. Verify the status of any pending legislation at legis.wisconsin.gov.

Governor Evers' Posture - Active Resistance Without Legislation

Gov. Evers has been among the most vocally resistant Democratic governors in the country on immigration enforcement without having the legislative tools to formalize that resistance in law. In April 2025, his Department of Administration issued written guidance to state employees on how to respond if ICE or other federal agents arrived at their workplace: contact their attorney before cooperating; not consent to entry of non-public areas; not answer the agent's questions; not provide data without attorney approval; and ask the agent to return later if an attorney is unavailable. Republicans characterized this as directing employees to obstruct federal law enforcement. Evers stated he was 'not encouraging' state employees to break the law, and clarified that the guidance was about proper process - consulting counsel before cooperating - not outright refusal to comply with lawful orders.

In January 2026, Evers stated that he and his office were 'absolutely' preparing for possible ICE surge operations in Wisconsin similar to those that had occurred in Minnesota. He communicated daily with nonprofit leaders and community organizations serving potentially affected populations. He also stated that decisions about 287(g) participation should be made 'county-by-county' by elected sheriffs, rather than mandated by the Legislature.

Milwaukee - Welcoming City Posture Without Sanctuary Designation

Milwaukee is Wisconsin's largest city and has the state's largest immigrant community. Mayor Cavalier Johnson has explicitly declined to declare Milwaukee a sanctuary city, a posture he described as focused on maintaining relationships with federal authorities. Milwaukee was nonetheless placed on the DHS sanctuary jurisdiction list in May 2025. Milwaukee police maintain existing limits on cooperation with ICE civil enforcement - officers do not conduct immigration enforcement or honor civil detainers - but have not adopted explicit sanctuary ordinances. Milwaukee Mayor Johnson raised concerns that the federal government's courthouse enforcement actions could deter residents from coming to court, undermining public safety. Following the Dugan arrest, the mayor noted the chilling effect courthouse arrests have on crime victims and witnesses who need to access the justice system.

Dane County - Non-Cooperation on Civil Detainers

Dane County (Madison) has taken more formal steps than Milwaukee to limit ICE cooperation. Dane County Sheriff Kalvin Barrett announced in 2025 that his department would no longer participate in SCAAP - the State Criminal Alien Assistance Program - which had required sharing immigration data with federal authorities. Dane County was placed on the DHS sanctuary list in May 2025. The Dane County Sheriff's policy is to decline civil ICE detainers without judicial authorization. This became a flashpoint in the Republican legislative debate: a case in which Dane County released someone over ICE objection - the individual was later rearrested in Texas - was cited in support of mandatory cooperation legislation.

The Hannah Dugan Case - April 2025 Through June 2026

The Hannah Dugan case is the most nationally prominent Wisconsin immigration enforcement story of 2025-2026 and directly involves the courthouse enforcement issue that affects immigrant families' access to the justice system.

On April 18, 2025, ICE agents came to the Milwaukee County Courthouse to arrest Eduardo Flores-Ruiz, a 30-year-old Mexican citizen with an ICE administrative warrant who was scheduled to appear before Judge Dugan on misdemeanor battery charges. From January 20, 2025, ICE had rescinded its policy of avoiding courthouse arrests. Judge Dugan was described by the FBI affidavit as 'visibly angry' at the agents' presence, challenged their administrative warrant as insufficient for courthouse entry, and directed the agents to the chief judge's office. After the agents left the courtroom, Dugan was recorded saying words to the effect of 'wait, come with me' before leading Flores-Ruiz and his attorney through a private jury door into non-public courthouse corridors. Other ICE agents spotted Flores-Ruiz in the corridor and arrested him outside after a foot chase. Flores-Ruiz was later deported.

On April 25, 2025, FBI agents arrested Judge Dugan at the courthouse in handcuffs. She was charged with obstruction of a federal proceeding (18 U.S.C. section 1505) and concealing a person from arrest (18 U.S.C. section 1071). The Wisconsin Supreme Court suspended Dugan from her judicial duties pending the case. A federal jury on December 18, 2025, convicted Dugan of the obstruction felony but acquitted her of the concealment charge. Dugan resigned from the bench January 3, 2026, stating she wanted Milwaukee County to have a sitting judge rather than have the matter become a legislative impeachment fight. Dugan's conviction was upheld by U.S. District Judge Lynn Adelman on June 16, 2026, the day before this article's verification date. Dugan's attorneys said Adelman's ruling was 'wrong' and cited a parallel case where a similar conviction was overturned by a federal appeals court. Sentencing had not been scheduled as of June 2026.

The Dugan case carries practical significance for families in Wisconsin beyond its political dimensions: it established that courthouse ICE enforcement is occurring in Wisconsin; that judges who resist it face federal criminal prosecution; and that the distinction between administrative and judicial warrants is a live legal issue playing out in Wisconsin courts. Milwaukee Mayor Johnson's concern that courthouse enforcement deters residents from coming to court is the direct community impact of this enforcement posture.

ICE Operations in Wisconsin - Chicago Field Office and Twin Cities Spillover

ICE operates in Wisconsin through the Chicago Field Office, which covers Illinois, Wisconsin, Indiana, and Kentucky. ICE enforcement operations in Wisconsin have increased in 2025-2026 in alignment with national enforcement priorities. In early 2026, Twin Cities ICE enforcement operations - which generated sustained conflict in Minneapolis and St. Paul - extended into Wisconsin border communities in western Wisconsin. Federal enforcement in Wisconsin does not depend on local cooperation, and ICE operates regardless of any local non-cooperation policies. Wisconsin's undocumented immigrant population in dairy and agricultural communities faces particular enforcement risk from I-9 audits and workplace operations.

Part 3: How State and Federal Law Interact in Wisconsin

Wisconsin's framework is defined by the absence of a statewide mandate in either direction and the resulting patchwork of local decisions. The Seventh Circuit Court of Appeals, which covers Wisconsin, has addressed Fourth Amendment issues related to civil detainer compliance in contexts relevant to the state's divided local posture. Agencies like Dane County that decline civil detainers do so on Fourth Amendment grounds supported by circuit-level precedent; agencies that choose to honor detainers do so voluntarily within their own assessment of that precedent.

The split between Evers' executive resistance and the Republican Legislature's enforcement push has produced a stable stalemate: no major immigration legislation has been enacted in either direction. Gov. Evers' tools are limited to executive guidance, communications with community organizations, and veto threats - not law. Republican legislative proposals have not moved to enacted law because Evers would veto them.

Federal enforcement in Wisconsin - courthouse arrests, workplace operations, community enforcement - operates independently of state or local cooperation. The Dugan case demonstrates that federal agents will operate in Wisconsin courts; ICE's position on courthouse enforcement has changed under the second Trump administration, and that change is in effect in Wisconsin as elsewhere.

Part 4: What This Means for Families on the Ground

For immigrant families in Wisconsin, the risk profile is shaped by where they are in the state and by the posture of their local law enforcement. In Dane County and Milwaukee, civil ICE detainers are not routinely honored without judicial warrants, and local police do not actively conduct immigration enforcement. In other Wisconsin counties, local sheriff discretion determines the posture.

The Hannah Dugan case has a direct practical impact on how families interact with the court system. ICE now enforces in Wisconsin courthouses, and a judge who intervened was federally prosecuted and convicted. Immigrants with court dates - whether as defendants, victims, or witnesses - should consult with an immigration attorney about the risk of courthouse ICE enforcement and plan accordingly. Organizations like Voces de la Frontera can help assess courthouse-specific risk and connect families with support.

Workplace enforcement is a significant risk for Wisconsin's dairy and agricultural communities. Wisconsin's dairy industry employs significant numbers of undocumented workers; I-9 audits and workplace ICE operations have occurred in comparable agricultural states. Workers in these industries should know their rights during workplace enforcement operations.

Twin Cities ICE surge operations have extended into Wisconsin. Communities in western Wisconsin near the Minnesota border have seen federal enforcement activity spillover from operations centered in Minneapolis and St. Paul. Verify current operational status at Voces de la Frontera or the Wisconsin Immigrant Rights Coalition.

Part 5: What You Can Actually Do

If ICE Comes to Your Home

Do not open the door. ICE cannot legally enter a home without a judicial warrant signed by a judge. An administrative warrant, Form I-200 or I-205, is signed by an immigration officer, not a judge, and does not authorize home entry. Ask through the closed door: 'Is this warrant signed by a judge?' If not, say clearly that you do not consent to entry.

You have the right to remain silent. Say: 'I am exercising my right to remain silent. I want to speak with a lawyer.' Do not answer questions about your birthplace, how you entered the country, or your immigration status. Do not sign anything without speaking with an attorney.

At the Courthouse

ICE enforcement now occurs at Wisconsin courthouses following the removal of the prior administrative restriction on courthouse arrests in January 2025. If you have a court date and are concerned about ICE enforcement at the courthouse: consult with your attorney or an immigration legal service before your appearance. Contact Voces de la Frontera for courthouse accompaniment or safety planning resources. The presence of a support person at court may not prevent an arrest but ensures someone knows where you are.

At Work - I-9 Audits

If your employer receives a Notice of Inspection from Homeland Security Investigations relating to I-9 records, you are entitled to know about it. Tell your employer you want to know about any federal inspection of employment records. Review your I-9 documentation with an immigration attorney if you have any concerns about its accuracy. Wisconsin does not have a law (like Washington's Protect Immigrant Workers Act) mandating employer notification of I-9 inspections as of June 2026.

If a Family Member Is Detained

Use the ICE Online Detainee Locator at locator.ice.gov immediately. ICE in Wisconsin operates through the Chicago Field Office. Detainees may be held at the Dodge Detention Facility in Juneau, Wisconsin, or transferred to facilities in Illinois and elsewhere.

Call the ICE Detention Reporting and Information Line: 1-888-351-4024.

Call the EOIR Immigration Court Information Line: 1-800-898-7180.

Contact Voces de la Frontera: vdlf.org. Wisconsin's primary immigrant rights organization, with strong ties to dairy and agricultural communities. Milwaukee: 414-643-1620.

Contact the ACLU of Wisconsin: aclu-wi.org. Civil rights and immigration rights advocacy.

Contact the Wisconsin Immigrant Rights Coalition (WIRC): wircwisconsin.org.

Contact Catholic Charities of the Archdiocese of Milwaukee: ccmke.org. Immigration legal services.

Know the Risk Points in Wisconsin

ICE enforces in Wisconsin courthouses since January 2025. The Hannah Dugan conviction (upheld June 16, 2026) establishes that courthouse enforcement is occurring and will continue. Plan accordingly if you have a court date.

Dairy and agricultural workplace communities face I-9 audit and workplace enforcement risk. Wisconsin's dairy industry is significantly dependent on immigrant labor and represents a visible enforcement target.

Local agency posture varies. Dane County and Milwaukee decline civil detainers without judicial warrants. Other counties may cooperate. Know your county sheriff's posture.

Twin Cities ICE operations have extended into western Wisconsin. Monitor current operational status with Voces de la Frontera.

Federal enforcement through the Chicago ICE Field Office is active regardless of local non-cooperation.

Part 6: Legal Resources in Wisconsin

Voces de la Frontera: vdlf.org. Milwaukee: 414-643-1620. Primary immigrant rights organization in Wisconsin; strong dairy and agricultural community ties; courthouse accompaniment resources.

ACLU of Wisconsin: aclu-wi.org. Civil rights and immigration rights advocacy.

Wisconsin Immigrant Rights Coalition (WIRC): wircwisconsin.org.

Catholic Charities of the Archdiocese of Milwaukee: ccmke.org. Immigration legal services.

Legal Action of Wisconsin: legalaction.org. Free legal services for qualifying low-income Wisconsinites including immigration matters.

International Institute of Wisconsin: iiwisconsin.org. Immigrant and refugee services in Milwaukee.

Immigration Advocates Network: immigrationadvocates.org.

EOIR Immigration Court Information Line: 1-800-898-7180.

ICE Detainee Locator: locator.ice.gov.

ICE Detention Reporting and Information Line: 1-888-351-4024.

Summary

Wisconsin has no statewide sanctuary law and no enacted statewide mandatory ICE cooperation mandate as of June 2026. Divided government - Democratic Gov. Evers opposing Republican mandatory cooperation legislation - has produced legislative stalemate. Local agencies set their own postures: Dane County and Milwaukee decline civil detainers without judicial warrants; other counties operate at their own discretion. Wisconsin has no state 287(g) agreements.

The Hannah Dugan case defined Wisconsin's 2025-2026 immigration story nationally. The Milwaukee County judge was convicted of a federal felony on December 18, 2025, for directing a defendant out a courthouse back door to avoid ICE agents; resigned January 3, 2026; had her conviction upheld June 16, 2026. The case established that ICE courthouse enforcement is occurring in Wisconsin and that intervention carries federal criminal consequences. For families in Wisconsin: courthouse appearances require safety planning; dairy and agricultural workers face I-9 audit risk; local non-cooperation policies in Milwaukee and Dane County provide meaningful but not absolute protection. Contact Voces de la Frontera at 414-643-1620 for current guidance and courthouse accompaniment resources.

Sources and verification: WPR, 'Wisconsin Sheriffs Would Have to Cooperate with ICE Under GOP Proposal,' February 5, 2025 (AB24/SB57; Evers veto statement; county-by-county statement); Wisconsin Watch, 'Wisconsin Governor's Guidance on Dealing with ICE Agents Draws GOP Backlash,' April 2025 (DOA guidance; don't answer questions; don't consent to entry; call attorney; Republicans' characterization; Evers statement not encouraging lawbreaking; Rep. Tiffany; WI GOP Chairman Schimming); Capital Times, 'Gov. Tony Evers Says He Is Absolutely Preparing for ICE in Wisconsin,' January 15, 2026 (Evers daily communication with nonprofit leaders; Minnesota preparation; not backing Lt. Gov. Rodriguez protected spaces bill); Boardman Clark, 'Immigration Enforcement Updates in Wisconsin Municipality Law,' March 25, 2026 (70,000 undocumented in Wisconsin; DHS May 2025 sanctuary list - Milwaukee, Madison, Dane County, Shawano County; Milwaukee Mayor Johnson did not declare sanctuary; Dane County Sheriff Barrett SCAAP withdrawal; Tenth Amendment framework); Hannah Dugan case: Wikipedia, 'Hannah Dugan' (updated through June 2026; full timeline; arrest April 25, 2025; FBI affidavit; Flores-Ruiz April 18, 2025 courthouse; administrative warrant; jury door; foot chase; Wisconsin Supreme Court suspension; December 18, 2025 conviction on felony obstruction, acquittal on concealment; January 3, 2026 resignation; June 16, 2026 conviction upheld by Judge Adelman; five year maximum; sentencing not set); WPR, 'Milwaukee Judge Hannah Dugan Resigns After Felony Conviction,' January 5, 2026 (resignation letter; impeachment threat from Vos and August; Wisconsin Constitution Art. XIII s. 3(2) felony bar); PBS, 'Judge Upholds the Conviction of Former Wisconsin Judge Hannah Dugan,' June 2026 (Adelman upheld June 16, 2026; Hernandez case cited by defense; Adelman reasoning); PBS/AP, 'Read the Full Criminal Complaint Against a Milwaukee Judge,' April 25, 2025 (FBI affidavit; Flores-Ruiz deportation; Mayor Johnson courthouse deterrence concern; Evers statement on judicial independence); Fox News, 'Milwaukee Judge Hannah Dugan Resigns,' January 7, 2026 (resignation letter quote; Republican Assembly Speaker Vos; five years prison; sentencing not set); Wisconsin Public Broadcasting, 'ICE Cooperation Mandatory Under New Senate Bill,' February 9, 2026 (SB615 Wisconsin context); Wisconsin Examiner, 'Twin Cities ICE Presence Extends into Wisconsin,' February 6, 2026; Arizona v. United States, 567 U.S. 387 (2012); Printz v. United States, 521 U.S. 898 (1997). Volatile items requiring verification: Hannah Dugan sentencing date (not set as of June 2026; verify at courts or Wisconsin news outlets); mandatory cooperation bill status (no enacted law as of June 2026; verify at legis.wisconsin.gov); current county-by-county 287(g) agreements (any new agreements; verify at ice.gov); current Milwaukee and Dane County ICE cooperation policies (policies as described reflect 2025 reporting; verify with individual agencies). Last verified: June 2026.