Download a sharable PDF here: Sanctuary City
There are sanctuary university campuses and cities in SD
States and cities across the United States have openly declared they are
“sanctuary.” Though there is no legal definition for a “sanctuary city” it is usually promulgated by the city/state governing official and oftentimes passed through ordinances. Being a “sanctuary” state commonly refers to limiting funds for local law enforcement to work with Immigration and Customs Enforcement (ICE)/Department of Homeland Security (DHS). The federal government does not fund local officials to detain immigrants with deportation orders. This is usually funded solely by the local government. Through Executive Order, President Trump has threatened to withdraw federal funding to declared sanctuary cities/states. This Executive Order has been blocked by a federal judge and is currently being appealed by the administration.
There is NO declared sanctuary city or university campus in South Dakota. USD student government introduced a resolution, which has no effect of law, to declare a sanctuary campus. This resolution was vetoed.
Criminal immigrants are protected in South Dakota.
All SD law enforcement units in South Dakota already cooperate with ICE/DHS when an immigrant who is arrested is identified to have a deportation order on his/her file. SD law enforcement contacts ICE and holds the immigrant in a local jail until ICE pick-up.
Asking one’s immigration status is not discrimination.
SDCL 20-13-1 defines “unfair discriminatory practice” and includes “national origin” as a protected class. SDCL 20-13-24 prohibits all public service entities in the State of South Dakota from treating people differently based on national origin. If some people are asked their immigration status
and others not, this would clearly be discrimination based on immigration status.
As a federal example, Title VII of the Civil Rights Act of 1964, which governs employment practices, also includes “national origin” as a protected class. That is why job applications do not ask about immigration status, but ask if you are “authorized to work”. It is discrimination to ask immigration status in an employment context.