Taneeza's Takes: 287g Agreements
5/23/2025
The 287(g) agreement has been around since 1996. This agreement is between state or local law enforcement and Department of Homeland Security to enforce federal immigration laws. There are different "levels" of agreements that can be made. No jurisdiction in SD had signed a 287g agreement until April 2025, when Minnehaha County and Hughes County Sherrif's offices did. And on May 21, 2025, the Attorney General (AG) of SD announced that the state intends to "deputize SD Highway Patrol and DCI" to enforce immigration law.
The AG stated, "To be clear, I am restricting the use of federal authority to violent criminals and drug dealers." DNN
But if you scroll down a bit more you can see the actual Memorandum of Agreement (MOA) that SD has signed and is waiting for approval . Nowhere in the document is there this restriction. In addition, this administration's narrative of only deporting violent criminals and drug dealers is false.
The AG and Governor of SD did not have to travel to the southern border to "witness" this, they could have just gone to Madison, SD - where 8 people who were at work were shackled and detained last week, all of whom had no violent criminal history or anything about drugs on their records. In fact, the federal government went an extra step, using more taxpayer dollars in these 8 cases, to actually charge them with federal crimes - I guess to build a criminal record after the fact, when they could have just deported most of them.
The MOA outlines overly broad authority to SD state highway patrol and DCI to "interrogate... arrest...any alien or person believed to be an alien as to his right to be or remain in the United States (INA Section 287(a)(1) and 8 CFR Section 287(a)(1).
How exactly do you train an officer to know who is lawfully in the United States and who is not? Do I look like someone who is not lawfully in the United States? How will I, a US Citizen prove that I am, if I am pulled over on the highway? Will all US Citizens in South Dakota have to carry around our passports, or just the ones who "are believed to be an alien"? The opportunity for racial profiling and discrimination will skyrocket, and who is going to investigate that?
When statewide LEAs will be deputized to enforce immigration laws, South Dakota will become less safe. Undocumented victims of violent crimes are already scared that if they report crimes and engage with LEAs, they will be deported. At SD Voices for Peace we have to convince victims to report crimes and assist local law enforcement on prosecuting these cases. Violent criminals, and human and sex traffickers will now operate without impunity using this 287g agreement over victims' heads.
As the reconciliation process continues, I'd like to point out another fact -South Dakota is footing the bill. The MOA clearly states, "Participating LEA personnel will carry out designated functions at the LEA's expense...Whether or not the LEA receives financial reimbursement for such costs through a federal grant or other funding mechanism is not material to this MOA." (LEA - Law Enforcement Agency). Federal grant? Maybe they still exist for enforcing immigration laws across the country, but they have been drastically cut across the board otherwise.
South Dakotans are in jeopardy of losing Medicaid and SNAP benefits as costs will shift to the state. It looks like SD is making their choice - that food is not as important as making sure those working hard to grow SD's economy are deported.
