A remarkable, and destructive, reality of modern life is the politicization of our judiciary. Particularly with our state and federal supreme courts, when Republicans hold the majority, decisions tend to be made based on the law and Constitution. Majority opinions have solid legal reasoning rather than reading like emotional, leftist propaganda.
In April of 2025, the Wisconsin Supreme Court changed from a Republican to a Democrat majority. Barack Obama once smugly sneered: “elections have consequences.” For Wisconsin, the consequences haven’t been pretty or based in the law.
Now the Court is seeking to defy federal law and ban ICE detainers in the state. The ACLU has filed suit in the state over ICE detainers, arguing it's illegal to for local authorities to hold illegal immigrants for ICE. Here's more on NBC News:
A divided Wisconsin Supreme Court on Wednesday agreed to take a case brought by the American Civil Liberties Union on behalf of an immigrant rights group arguing that it is illegal for local jails to hold immigrant detainees at the request of federal authorities.
The Wisconsin lawsuit comes as federal agents have launched high-profile immigration crackdowns in cities including Chicago and Charlotte, North Carolina. Another operation is expected in the coming days in Minnesota, targeting Somali immigrants. The enforcement tactics have been met with protests and lawsuits.
A majority of justices on the Wisconsin Supreme Court voted to take the ACLU case directly as an original action, rather than have it first work its way through lower courts. The court is controlled 4-3 by liberal justices.
The articles notes it was Bill Clinton, in the 1996 Immigration Act, that gave enhanced power to federal immigration enforcement agencies. The contemporary Democrat Party ain’t your father’s or grandfather’s Party. Among the Act’s provisions:
The Act was designed to improve border control by imposing criminal penalties for racketeering, alien smuggling and the use or creation of fraudulent immigration-related documents and increasing interior enforcement by agencies charged with monitoring visa applications and visa abusers. The Act also allows for the deportation of undocumented immigrants who commit a misdemeanor or a felony.
Commentator Dan O’Donnell noted:
"The liberal justices obviously want to declare these [detainers] unlawful, but unfortunately for them, the Constitution and 230 years of unbroken federal supremacy stand in the way."
Detainers, O'Donnell said, are "nothing more than a request" that asks a local jail to hold an illegal immigrant for up to 48 hours. "This is explicitly authorized by federal law," O'Donnell said. "It trumps state law and state supreme court decisions."
Article VI, Clause 2 of the Constitution, the Supremacy Clause, is clear:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
States can’t be forced to aid in the enforcement of federal law, neither can they obstruct its enforcement or outlaw it. There are very good reasons for local cooperation with federal law enforcement. The feds have resources that go beyond what most local jurisdictions can manage, and cooperation is a two-way street. In our current political climate, the Trump Administration, particularly in blue cities/states, is actively making Americans safer and more prosperous by deporting violent illegal aliens and by enforcing the immigration laws Biden’s Handlers refused to enforce and blatantly violated.
"Federal courts have already upheld ICE detainers. The Tenth Circuit ruled in Mercado v. Dallas County in 2017 that states and municipalities may decline to honor detainers, but they can't be prohibited by state law from doing so because...that would violate the Supremacy Clause. In 2020, the Third Circuit reached a similar conclusion in Lopez v. Pennsylvania."
The Federal government has an additional, powerful weapon: money. It can withhold federal funding for a variety of programs when states refuse to uphold their statutory or constitutional duties. Fortunately, the Trump Administration is demonstrating a willingness to appropriately use that weapon.
The Wisconsin Supreme Court appears poised to violate the Supremacy Clause, which these days appears to be a badge of honor for blue states and judges. That’s not going to end well.
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Mike McDaniel is a USAF veteran, classically trained musician, Japanese and European fencer, life-long athlete, firearm instructor, retired police officer and high school and college English teacher. He is a published author and blogger. His home blog is Stately McDaniel Manor.
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