Governor to make call on immigration sanctuary cities ban after House passage • South Dakota Searchlight

A bill barring cities, counties or schools from acting as safe havens for undocumented immigrants in South Dakota is headed to the governor’s desk after a 62-6 vote in the state House of Representatives.

Lawmakers are considering several bills this legislative session dealing with immigration. Senate Bill 7, the first of those bills to pass both chambers, would prohibit the state and its political subdivisions from adopting any policy to prevent local law enforcement from cooperating with federal immigration authorities or disciplining officers who do. 

There are no South Dakota cities or counties where police or sheriff’s deputies have refused to work with U.S. Immigration and Customs Enforcement (ICE), according to the bill’s sponsor, Rep. Mary Fitzgerald, R-Spearfish.

“Potentially, if we didn’t pass this legislation, maybe we would,” Fitzgerald said in response to a question from Rep. Kadyn Wittman, D-Sioux Falls. “This is really a proactive bill, a proactive step toward making our state safe.”

Noem calls deportation protection for Venezuelans ‘contrary to the national interest’

The bill is meant in part as a statement of support on the state level for the immigration law enforcement actions undertaken by the Trump administration, Fitzgerald said.

“President Trump vowed to make America safe again, and as we’ve seen since January 20, he is living up to that promise with thousands of arrests and ICE detainers,” she said. “The South Dakota Legislature is not in charge of border security, but we are affected by the criminals who have entered the United States illegally.”

Wittman voted against the bill. There’s no need to address an issue if it doesn’t exist, she argued, but there could be unintended consequences. Migrant victims of domestic violence may be less likely to call for help for fear of detention, she said, and a statement of support for federal raids will serve to sour relationships between migrants and the members of law enforcement who may need their help investigating criminal activity.

The bill’s easy passage through the House – it cleared the House Local Government committee 12-1, with Wittman the lone opponent – follows an even smoother trajectory in the Senate. The upper chamber placed SB 7 on its consent calendar, passing it unanimously and with no debate alongside three other uncontested bills.

Gov. Rhoden’s office did not immediately respond to a question on whether he’ll sign SB 7.

Two other proposals tied to immigration advanced Monday, as well.

The Senate sent legislation to the House that would add language to state law and the state constitution saying it’s illegal for noncitizens to vote in South Dakota elections.

Federal law already says only U.S. citizens may vote in federal elections. But Sen John Carley, R-Piedmont, said there is nothing in state law specifying that a person must be a U.S. citizen to vote in South Dakota elections.

“We have always just assumed this is required,” Carley said.

His bill contains language to that effect and would also make voting by noncitizens a felony punishable by up to two years in prison and a $4,000 fine.

The other bill, from Sen. Taffy Howard, R-Rapid City, would ask voters to put similar language in the state constitution on Election Day in 2026. The constitution can only be amended by voters.

Asked by South Dakota Searchlight if the bills are redundant, Carley said his bill is needed to put a law in place with a penalty now while the Legislature waits to see if the ballot measure wins approval later.

Carley said the two bills are part of a “trifecta of safeguards” against noncitizens voting. The third bill, from Sen. Amber Hulse, R-Hot Springs, would require driver’s licenses and identification cards to indicate whether the licensee is a U.S. citizen. Identification is required to cast a ballot in South Dakota.

The Senate sent that bill to the House last week.