J.B. VAN HOLLEN
ATTORNEY GENERAL

A Wisconsin Department of Justice Guide for Law Enforcement Contacts with Foreign Nationals

During my statewide travel as Attorney General, perhaps no single issue has come up as often as immigration. The public and public safety officers alike wonder how state and local law enforcement can and should deal with foreign nationals law enforcement may encounter during the course of their duties. Many legal requirements and issues are implicated by law enforcement contacts with a subject who is or might be a foreign national, matters that are complicated by the fact the federal government is the primary enforcer of immigration laws.

Therefore, I felt it was important for state and local law enforcement to be given guidance about what they can and can not do so as to ensure that immigration laws are followed without violating constitutional rights, federal law, or treaties. Consequently, my office has produced a short manual to assist police in handling these situations when they arise. The manual, entitled “A Wisconsin Department of Justice Guide For Law Enforcement Contacts with Foreign Nationals,” is included in this issue of the Law Enforcement Bulletin. The manual will also be available for downloading on the Wisconsin Department of Justice web site and on WILENET. I encourage you all to read it.

The manual is designed to be a clear, current, and easy to use reference to provide legal and practical guidance to the police on the handling of various possible scenarios that are likely to develop when dealing with foreign nationals. Among the situations discussed in the manual are: (1) dealing with foreign nationals during traffic stops and other investigatory detentions; (2) dealing with NCIC information about foreign nationals; (3) dealing with consul notification in the event a foreign national is arrested; and (4) dealing with diplomatic and consulate immunity. Though the manual contains certain recommendations that I believe will help Wisconsin law enforcement deal with foreign nationals, it is not intended to supplant sheriff or police department policies or to circumvent any advice law enforcement agencies may receive from their local counsel. In addition to this guidance, my office stands available to assist local law enforcement and will be available to serve as a liaison to the federal government in instances where current law prevents state and local law enforcement from acting unilaterally.

It is important that those people who violate immigration laws are held accountable. It is also important that Wisconsin law enforcement maintain its rich history of dealing with foreign nationals with respect and to abide with all constitutional and federal law requirements. It is my feeling that this manual will be a valuable tool for law enforcement in meeting both of these objectives.

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