MADISON — The Wisconsin Supreme Court on Wednesday granted a petition from Voces de la Frontera, Inc. and agreed to hear Voces de la Frontera, Inc. v. Gerber as an “original action,” allowing the case to bypass the lower courts and proceed directly to the state’s highest bench. 

What the court did today

In its order, the court stated plainly: “the petition for leave to commence an original action is granted, this court assumes jurisdiction over this entire action.” The court also restricted review to issues “set forth in the petition … except as otherwise ordered.” 

Under its timetable: within 30 days the petitioner must file a brief. Respondents — led by Dave Gerber and other sheriffs — then have 20 days to file a joint response or state that no brief will be filed. If they do file, Voces may reply within 10 days. The court’s standard appellate briefing rules apply. 

The order calls for discussion of issues such as whether state law under Wis. Stat. ch. 818 limits a sheriff’s authority to make a civil arrest on a federal immigration detainer, and how any formal agreement with the federal government under 8 U.S.C. § 1357(g)(1) (a “287(g)” agreement) affects that authority. 

The court said it will set a date for oral argument at a later time. 

The plaintiffs’ argument: why sheriffs can’t hold people on ICE detainers

In its petition, Voces de la Frontera argues that once state-law grounds for custody end — for instance, after a criminal sentence is served or bail posted — sheriffs no longer have authority under Wisconsin law to continue detaining someone solely because of a federal immigration detainer. The petition contends detainers are administrative requests, not state arrest warrants, and that prolonged detention violates state protections against unauthorized civil arrests.

The group posits that detainer-based holds convert local jails into instruments of federal immigration enforcement without proper state authorization. The petition also argues that any 287(g) agreement — in which local sheriffs contract with federal authorities — must still comply with the requirement that enforcement be “consistent with State and local law.”

What is at stake

At issue is whether sheriffs across Wisconsin may honor detainer requests from the federal government — a practice that, under the plaintiffs’ view, falls outside the authority granted by state statutes for civil arrests. A ruling for Voces could significantly change how local jails cooperate with federal immigration enforcement and reshape detention practices statewide.

Why the move is unusual

Original-action petitions are rare, especially in politically charged matters such as immigration. The court’s decision to grant review drew public dissent from two justices — Annette Kingsland Ziegler and Rebecca Grassl Bradley — who warned that the court is increasingly using expedited bypasses in ad hoc ways. In a dissenting opinion, Ziegler criticized the majority’s approach, saying the court has developed a “fondness for taking cases on an expedited basis … and the often-political nature of the cases we tend to prioritize.” 

Chief among the concerns: bypassing the traditional appellate path may circumvent fact-finding and lower-court development of a full record before the Supreme Court weighs in.

Recent pattern of fast-tracked, high-impact cases

This is not the first time the court has granted an original action in a high-profile matter. In recent months the court has accepted petitions involving controversial rulemaking powers and race-conscious education funding, signaling a shift toward expedited review of politically sensitive issues. Critics say the trend raises questions about consistency and predictability in case selection. Supporters argue the court is adapting to handle urgent, statewide disputes more efficiently.

Timeline going forward — and when a decision could come

  • Within 30 days (roughly early January 2026): Voces files its opening brief.
  • Within 20 days after that: Respondents file a joint response or indicate they will not.
  • If they respond: Voces has 10 days for a reply.
  • After briefing concludes: The court will schedule oral argument.
  • Possible decision window: Given the expedited path, a ruling could come as early as mid-2026, far quicker than would be possible through the traditional multi-tier appeals process.