Wisconsin State Immigration Laws

Understanding immigration law and its processes can be challenging and overwhelming. This is particularly true for people going through the immigration system or migrants at risk of deportation or removal.

Immigration laws are primarily enforced by federal agencies. But state laws determine the benefits and services immigrants can access. States also have a significant say in how they enforce immigration laws.

This article outlines immigration rules and policies in Wisconsin. Learn more about:

• Law enforcement and immigration in Wisconsin
• Wisconsin employment check and E-Verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Education benefits
• Voting ID rules
• Housing ordinances and immigration
• How an immigration lawyer can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in Wisconsin should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Wisconsin

Federal government agencies primarily oversee and enforce immigration laws. These agencies include:

• The Department of Homeland Security (DHS)
• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Immigration and Customs Enforcement (ICE)
• U.S. Customs and Border Protection (CBP)

Local agencies also work with the federal government to enforce immigration regulations. Section 287(g) of the Immigration and Nationality Act emphasizes this collaboration.

Section 287(g) is a program implemented by ICE to strengthen collaboration between local and federal authorities in handling immigration matters.

This program gives local agencies the authority to perform certain immigration functions. These functions include identifying and removing criminal non-U.S. citizens. Several counties in Wisconsin take part in the 287(g) Program. Below is the list of the participating County Sherriff’s Offices in Wisconsin:

• Brown County Sheriff’s Office
• Fond du Lac County Sheriff’s Office
• Manitowoc County Sheriff’s Office
• Marquette County Sherriff’s Office
• Sheboygan County Sherriff’s Office
• Waukesha County Sherriff’s Office
• Waushara County Sherriff’s Office

Find a complete list of participating agencies on the ICE’s 287(g) Program website.

ICE also manages the Criminal Apprehension Program (CAP). CAP aims to fight against illegal immigration by arresting, identifying, and removing noncitizens. This includes criminals at large and convicted of serious criminal offenses. The immigration officers will assess whether the convicted person should face deportation or removal.

Wisconsin Employment Check and E-Verify Requirements

E-Verify is an online system that helps employers confirm their employees’ employment eligibility. The DHS manages the program with the Social Security Administration. 

Wisconsin does not require employers to use the system. But businesses can choose to use it voluntarily.

Driver’s License and ID Requirements

Immigrants without proper documentation in Wisconsin cannot get state identification cards and driver’s licenses. The state enacted this rule through Assembly Bill 69, which became law on April 1, 2007. The bill requires Wisconsin driver’s license applicants to present proof of lawful immigration status or U.S. citizenship.

However, Deferred Action for Childhood Arrivals (DACA) recipients may be able to get a state identification card or driver’s license.

Public Benefits Restrictions

Wisconsin doesn’t give immigrants living here illegally access to most state public assistance. But some of the benefits immigrants without legal status may use in Wisconsin include:

• Nutrition Program for Women, Infants, and Children (WIC)
• Emergency Medicaid
• Emergency shelter, transnational housing, health, and life safety services
• Child care funded by the Child Care Development Fund (CCDF)

Education Benefits

Wisconsin Assembly Bill 40 bars students without proper documentation and DACA recipients from paying in-state tuition rates. The bill became law on June 18, 2011. It revoked previous legislation that allowed students to pay in-state tuition. But, Wisconsin may consider refugees as residents, allowing them to pay in-state tuition. If the refugees meet the following requirements, they can use this benefit in vocational, technical, and adult education schools in the state:

1. The person is a refugee by federal law.
2. The refugee moved to Wisconsin upon entering the United States.
3. The refugee has continuously lived in Wisconsin since then or has shown an intent to establish permanent residency in the state.

Voting ID Rules

The state follows a strict photo ID requirement to vote. The state lists in detail the acceptable forms of identification for voting. Included are:

• DOT-issued driver’s license
• Military ID card
• U.S. passport
• Photo ID card issued by an accredited university or college in Wisconsin

To learn more about the acceptable forms of IDs, visit Bring It to the Ballot. Only U.S. citizens at least 18 years old are allowed to vote.

Housing Ordinances and Immigration

The Wisconsin state legislature adopts the anti-discrimination rules under the Fair Housing Act. The right of all people to equal opportunities for fair housing is secured. This right is available to every person regardless of race, disability, sex, religion, national origin, or family status.

Immigration Issue in Wisconsin? Get Legal Help

Navigating immigration laws on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues.

Immigration attorneys can help you with all types of immigration issues. They can also assess your eligibility for:

• Employment authorization (work visa/permit)
• Lawful permanent residence or green card status
• U.S. citizenship through naturalization
• U-visas or T-visas for victims of domestic violence or human trafficking and their families

Immigration lawyers are also familiar with immigration court and federal court processes. This knowledge can be a critical resource if you’re facing deportation or advocating for a family member who has been detained.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Wisconsin. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Wisconsin: Related Resources

There are several organizations and legal resources in Wisconsin that help immigrants:

• Immigrant Justice Clinic (IJC) — IJC gives legal services to the underserved immigrant communities in Wisconsin. It also engages in appellate advocacy on behalf of indigent (low-income) immigrants.
• Community Immigration Law Center — This organization helps immigrants and migrants by giving them access to legal representation, assistance, and services. It also offers immigration resources, including educational information on immigration issues.
• Know Your Rights — This free guide for immigrants and their family members explains how to protect themselves during immigration raids.
• USCIS Office in Milwaukee — This website has contact information for the USCIS immigration office in Milwaukee, Wisconsin.
• FindLaw Immigration Law Resources — FindLaw offers free access to comprehensive articles about immigration law. Learn the basics of immigration law and the immigration process, including naturalization, green card applications, and more.