Kate Steinle Verdict and Wisconsin Sanctuary City Bill – SB 275

     Senator Steve Nass (R-Whitewater), author of Senate Bill 275, released the following statement regarding the verdict of a San Francisco jury in the killing of Kate Steinle and the status of the Wisconsin sanctuary city bill:

     “Kate Steinle was killed by a criminal illegal alien that should not have been in the country at the time of the shooting on July 1, 2015. Despite the shameful verdict by a San Francisco jury, the fact remains that the failure of law enforcement in San Francisco to honor an ICE immigration detainer directly led to this preventable killing.  San Francisco and now the State of California are openly sanctuary governments prioritizing the interests of criminal illegal aliens over the safety of people in this country legally.

     Wisconsin state law must prevent and provide for serious consequences in the event that ICE immigration detainer requests are ignored by law enforcement in this state.  Since October 12th, we have known officially that Dane County Sheriff Dave Mahoney refuses to honor ICE detainer requests.  In response to my questions at a State Senate committee hearing, he brazenly testified that he doesn’t honor detainer requests.  He testified that in his opinion ICE detainer requests are not legal, even though he cited no court decision that applies in Wisconsin.

     I will be calling on State Senate leadership to schedule a vote on SB 275 in the January floor period.  Pass or fail, it is time for the citizens of Wisconsin to know how their elected officials stand on preventing the creation of more victims by the unlawful conduct of criminal illegal aliens. ”

Background on Senate Bill 275:

SB 275 would prohibit any city, village, town, or county in Wisconsin from enacting or enforcing an ordinance or policy that prohibits the enforcement of a federal or state law relating to illegal aliens or determining whether an individual has satisfactory immigration status. The bill also requires a political subdivision to comply with a lawful detainer that is issued by U.S. Immigration and Customs Enforcement (ICE). The bill is directed specifically at illegal aliens that have committed a crime. 

SB 275 authorizes the attorney general, district attorney, or sheriff with jurisdiction to file a writ of mandamus with the circuit court to require compliance with the requirements created by the bill if a political subdivision is failing to comply with the law.

If a court finds that the political subdivision has failed to comply with the law, it must notify the Department of Revenue. The Department must reduce the local government’s shared revenue payments in the next year by $500 to $5,000 (depending on population) for each day of noncompliance.  In addition, if the court makes such a finding, the local unit of government is liable for damages to an individual or property caused by an illegal alien.

On November 3, 2017, the Senate Committee on Labor and Regulatory Reform passed SB 275 on a 3-2 vote. The bill is awaiting scheduling of a senate floor vote.