Immigration Laws in Wisconsin (2026): Key Rules Explained
Most people think immigration is just federal law stuff. But Wisconsin has its own rules too. And honestly, they can catch you off guard if you’re not prepared.
Let’s break down what you actually need to know about immigration laws in Wisconsin right now.
What Makes Wisconsin Immigration Laws Different?
Here’s the thing. Immigration is mainly controlled by federal agencies like ICE and U.S. Citizenship and Immigration Services. But Wisconsin has its own state laws that affect immigrants every day.
Wisconsin doesn’t make immigration policy. The federal government does that. What Wisconsin controls is things like driver’s licenses, public benefits, and how local police work with federal immigration agents.
Sound complicated? It’s actually not once you understand the basics.
Driver’s License Requirements for Immigrants
Okay, this one’s important. In Wisconsin, you need proof of legal status to get a driver’s license. Period.
Since 2007, state law requires everyone applying for a license to show proof they’re either a U.S. citizen or have legal immigration status. This came from Assembly Bill 69, which passed back in 2006.
Who Can Get a Wisconsin Driver’s License?
You’re eligible if you can show:
A valid U.S. passport or passport card. A birth certificate from any U.S. state. An approved asylum application with work permit. A permanent resident card. Employment Authorization Document with your photo.
DACA recipients can also get licenses. If you have valid work authorization, you can apply.
Who Cannot Get a License?
Wisconsin does not offer driver’s licenses to undocumented immigrants. Several states do, but Wisconsin isn’t one of them. This has been a huge debate here for years.
Governor Tony Evers has proposed changing this rule in recent budgets. But the Republican-controlled legislature has blocked these efforts every time.
Not sure what counts as proof of legal status? Check with the DMV before you go. Bring original documents, not photocopies.
How Long Your License Lasts
If you’re not a U.S. citizen, your license expires when your legal status expires. The license will be marked “limited term” and can last up to eight years max.
You’ll need to show proof of legal status every time you renew. Yep, every single time.
Employment Verification Laws
Every Wisconsin employer must verify that new employees can legally work in the United States. This isn’t just a Wisconsin thing. It’s federal law that applies everywhere.
The I-9 Form
All employers use Form I-9 to check work eligibility. Both you and your employer fill this out. You complete Section 1 on your first day. Your employer completes Section 2 within three business days.
You get to choose which documents to show from the approved list. Your employer can’t demand specific documents. That would be discrimination.
Acceptable Documents
You can show one document from List A, which proves both identity and work authorization. Or you can show one document from List B (proves identity) plus one from List C (proves work authorization).
Examples from List A include a U.S. passport, permanent resident card, or Employment Authorization Document.
E-Verify in Wisconsin
Wisconsin doesn’t require employers to use E-Verify. But some do it anyway. E-Verify is an online system that checks if you’re eligible to work.
If you work for a company in another state that requires E-Verify, they’ll probably use it in Wisconsin too. It’s optional here, but becoming more common.
Wondering if this applies to you? Ask your employer about their verification process during hiring.
Local Law Enforcement and ICE Cooperation
This is where things get political. And honestly, pretty heated right now.
The 287(g) Program
Some Wisconsin counties participate in something called the 287(g) program. This lets local sheriffs work directly with ICE to identify and remove immigrants who committed crimes.
As of January 2026, Kenosha County and Sauk County recently signed 287(g) agreements with ICE. Other Wisconsin counties have participated in the past.
What does this mean for you? If you’re arrested in these counties, the sheriff’s office can check your immigration status and hold you for ICE.
New Republican Proposals
Wisconsin Republicans introduced a bill in February 2025 requiring sheriffs to cooperate with ICE. Here’s what it would do:
Anyone arrested for a felony would need to prove legal U.S. residency. If they can’t, sheriffs must report them to the Department of Homeland Security. Counties that don’t comply would lose state funding.
This bill hasn’t passed yet. But it shows where the political winds are blowing.
Democratic Opposition
Governor Evers opposes these measures. He joined 20 other states in suing to block new federal restrictions on immigrant access to public programs.
Some counties are going the opposite direction. Dane County recently cut ties with a federal program that reimburses jails for holding unauthorized immigrants.
Pretty much every county is making different choices. It’s a total patchwork right now.
Public Benefits and Services
What public benefits can immigrants access in Wisconsin? Depends on your status.
What’s Available
Immigrants with proper documentation can access the Nutrition Program for Women, Infants, and Children. Emergency medical care is available to everyone regardless of status.
Ukrainian parolees who entered during certain periods qualify for benefits just like refugees. Special immigrant visa holders from Iraq and Afghanistan also get the same treatment as refugees.
What’s Not Available
Wisconsin doesn’t offer state financial aid to undocumented immigrants. You also can’t get in-state tuition rates without proper documentation or DACA status.
Assembly Bill 40 specifically blocks undocumented students and DACA recipients from paying in-state tuition. Even DACA recipients face this restriction.
Honestly, this is one of the strictest parts of Wisconsin law.
Recent Federal Changes
In February 2025, President Trump signed an executive order cutting immigrant access to at least 15 federally funded programs. Wisconsin joined a lawsuit against this.
The state got a temporary delay until September 2025. But over $43 million in substance abuse and mental health grants are at risk. That affects all 72 counties and 11 Tribal nations.
Hold on, this part is important. Even eligible immigrants are staying away from programs because they’re scared of sharing personal information. This “chilling effect” is real.
Recent Legislative Activity
Wisconsin’s legislature has been busy on immigration. Most bills haven’t passed yet, but they show what different sides want.
Assembly Bill 739
Democrats introduced AB 739 in December 2025. It would ban state and local government from helping with federal immigration enforcement based solely on someone’s immigration status.
The bill also prohibits new 287(g) agreements with ICE. It’s sitting in committee right now.
Sheriff Cooperation Bill
Republicans want the opposite. Their bill would force sheriffs to check immigration status for anyone arrested on felony charges.
Counties that refuse would face funding cuts. The bill includes reimbursement from the federal government for detention costs.
These two proposals couldn’t be more different. Right?
Asylum Seekers and Refugees
Wisconsin has specific rules for people seeking asylum or refugee status.
Work Permits Matter
Asylum seekers with valid work permits can get driver’s licenses in Wisconsin. Including REAL ID compliant licenses. After applying for asylum, you need to wait about six months before you’re eligible for a work permit.
Then you can apply for your license like anyone else with work authorization.
Commercial Driver’s Licenses
Wait, it gets trickier. As of September 2025, asylum seekers can’t get new commercial driver’s licenses anymore. This affects people who want to drive trucks or other large vehicles.
Immigrants are fighting this change through lawsuits. But for now, the restriction stands.
What Happens During Immigration Enforcement
ICE has been active in Wisconsin. Recent data shows arrests and deportations are increasing.
Current Trends
Through July 2025, immigrants with no criminal history made up just over 15% of arrests in Wisconsin. That’s lower than the national average of nearly 30%.
But arrests of people without criminal records are ticking upward. Immigration attorneys say the old “unspoken rule” about leaving people alone while they seek legal status has vanished.
Your Rights During Encounters
You have rights even if you’re undocumented. You don’t have to answer questions about your immigration status. You can ask if you’re free to leave.
If ICE comes to your home, you don’t have to let them in without a warrant signed by a judge. An administrative warrant from ICE isn’t enough.
Keep copies of important immigration documents at home where family can find them. Have an attorney’s contact information ready.
How to Protect Yourself
Stay with me here. These steps can make a real difference.
Know Your Status
Understand exactly what immigration status you have. Keep all your documents organized and in a safe place. Make copies and give them to someone you trust.
If your status is expiring soon, start the renewal process early. Don’t wait until the last minute.
Get Legal Help
Immigration law is complicated. Like, really complicated. Consider talking to an immigration attorney if you have questions.
Wisconsin has several organizations that help immigrants:
The Immigrant Justice Clinic at UW Law School provides legal services. Community Immigration Law Center offers legal representation and assistance. Voces de la Frontera has a Saturday legal clinic in Milwaukee. United Migrant Opportunity Services handles adjustment of status and U visas.
Many offer free or low-cost help. Seriously, take advantage of these resources.
Stay Informed
Immigration law changes all the time. Follow reliable news sources. Join community organizations that track these issues.
If there’s an ICE operation in your area, community groups usually spread the word. Stay connected.
Frequently Asked Questions
Can undocumented immigrants get driver’s licenses in Wisconsin?
No. Wisconsin requires proof of legal status or U.S. citizenship to get a driver’s license. This has been the law since 2007.
Does Wisconsin require employers to use E-Verify?
No. E-Verify is optional for Wisconsin employers. However, all employers must complete Form I-9 for every new employee to verify work eligibility.
What is the 287(g) program?
It’s a federal program that lets local law enforcement work with ICE to identify and remove criminal immigrants. Some Wisconsin counties participate, but not all.
Can DACA recipients get in-state tuition in Wisconsin?
No. Wisconsin law specifically bars DACA recipients from paying in-state tuition rates, even if they’ve lived in Wisconsin for years.
What should I do if ICE comes to my home?
You don’t have to let them in without a warrant signed by a judge. Ask to see the warrant through a closed door. You have the right to remain silent and to speak with an attorney.
Final Thoughts
Immigration laws in Wisconsin are a mix of federal rules and state policies. They’re changing right now, with new proposals flying around the legislature.
The most important thing? Know your rights. Keep your documents organized. Get legal advice when you need it.
Don’t assume anything about what you can or can’t do. Rules vary depending on your specific situation and status.
When in doubt, talk to an immigration attorney. Many offer free consultations. It’s worth it to get accurate information for your exact circumstances.
Stay informed, stay prepared, and don’t be afraid to ask for help.
References
- Wisconsin Legislature AB739 (2025-2026): Prohibitions concerning state or local government assistance with federal immigration enforcement – https://docs.legis.wisconsin.gov/2025/related/proposals/ab739
- Wisconsin DMV: Acceptable Documents for Proof of Citizenship and Legal Presence – https://wisconsindot.gov/Pages/dmv/license-drvs/how-to-apply/citizen-leg-pres.aspx
- FindLaw: Wisconsin State Immigration Laws – https://www.findlaw.com/immigration/immigration-laws-and-resources/wisconsin-state-immigration-laws.html
- U.S. Citizenship and Immigration Services: Form I-9, Employment Eligibility Verification – https://www.uscis.gov/i-9
- Wisconsin Watch: A Decade of Immigration in Wisconsin in 9 Charts (September 2025) – https://wisconsinwatch.org/2025/09/a-decade-of-immigration-in-wisconsin-in-9-charts/