On February 18th, approximately 20,000 people gathered at the Wisconsin Capital building protesting the assembly's proposal of Assembly Bill 450 (AB 450), a bill that many immigrants argue is directly targeted at them. In simple terms, AB 450 will primarily fine cities, towns, or counties within Wisconsin who create local ordinances, resolutions, and policies that prohibit immigration status inquiries, as known as sanctuary cities. It will also permit local law enforcement to inquire into the immigration status of an individual detained, arrested, or charged with a crime.  

Although portrayed by many as a replica of the controversial, and since overturned, "Arizona Law" SB 1070, there are some major differences between the two. First, contrary to public perception, AB 450 does not allow law enforcement to inquire someone's legal status at random. This can only be done once someone has been detained, arrested or incarcerated.  

If AB 450 becomes law, there is a much higher likelihood that all individuals will be asked about their immigration status even when just pulled over for traffic violations, because those stops are considered lawful detentions. Although recent news reports seem to indicate that the Wisconsin Senate will not take up this bill, and as such it does not look likely to become law, due to the potential hardship this potential law would inflict on the immigrant communities of Wisconsin, it is important to know what to do if you are stopped by the police.  

It is important to remember that, even during a traffic stop where Miranda warnings are not provided by the police, you have the right to remain silent. Immigrants should always exercise that right and simply hand over identification while saying that they would like to remain silent and speak to an attorney if the officer would like to ask any questions. Individuals should also state that they are remaining silent and wish to speak to an attorney if arrested or incarcerated.  

Immigrants should also be aware that they have the right to remain silent and speak to an attorney if Immigration and Customs Enforcement (ICE) has come to their home or work to question them. Police and ICE may pressure you to speak, but you should never be afraid to exercise your rights to silence and an attorney.  

Here at Grzeca Law Group, we offer immigration consultations in Milwaukee, Green Bay, Appleton, and Madison. With the political environment facing immigrants, it is important for everyone to know their rights, and to know their particular immigration situation. If you or someone you know would like to have their immigration situation reviewed by licensed and professional attorneys, do not hesitate to contact us at (414) 342-3000 or visit our website at www.grzecalaw.com.