In an ongoing effort to shape South Dakota’s stance on immigration, a new bill barring cities, counties, or schools from acting as safe havens for undocumented immigrants is awaiting Governor Rhoden’s signature. The bill, known as Senate Bill 7, passed the South Dakota House of Representatives with a significant majority of 62-6, reflecting the state’s proactive approach to federal immigration policy. The proposed legislation is part of a broader series of measures aimed at further cementing South Dakota’s alignment with federal enforcement strategies on immigration, set forth during the Trump administration.
South Dakota’s Legislative Stance on Immigration
Senate Bill 7, spearheaded by Rep. Mary Fitzgerald of Spearfish, seeks to ensure that local law enforcement agencies in South Dakota continue to cooperate with U.S. Immigration and Customs Enforcement (ICE). This bill emerges in a context where no city or county in South Dakota has refused cooperation with ICE, underscoring what Fitzgerald describes as a proactive measure. “Potentially, if we didn’t pass this legislation, maybe we would,” Fitzgerald stated during a legislative discussion.
The strong support for the bill within South Dakota’s legislature is indicative of the state’s priorities in maintaining tight-knit collaboration between local and federal immigration enforcement bodies. The sentiment is echoed by Rep. Fitzgerald, who notes, “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.”
However, not all voices within the legislature are in alignment with this approach. Rep. Kadyn Wittman of Sioux Falls, a vocal opponent of the bill, warned about its potential implications on the community’s trust in law enforcement, especially concerning migrant victims of domestic violence. “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,” Wittman argued.
Aside from Senate Bill 7, additional legislation concerning immigration saw advancements within the halls of South Dakota’s capitol. Notably, two proposals focus on the idea of voting rights, seeking to reinforce the legality and clarity surrounding noncitizen participation in state elections.
Other Key Legislative Measures
- Noncitizen Voting Ban: A proposal from State Sen. John Carley of Piedmont aims to explicitly state in South Dakota’s law that noncitizens cannot vote in state elections. This clarifying legislation seeks to address any ambiguities, despite federal law already prohibiting noncitizens from voting in federal elections. Carley articulated the necessity of this measure, stating, “We have always just assumed this is required.”
- State Constitutional Amendment: Rapid City’s Sen. Taffy Howard has introduced a bill seeking voter approval in 2026 to amend the state constitution. This amendment would permanently engrain the illegality of noncitizen voting in South Dakota’s foundational legal document.
- Identification Requirements: Another layer of the legislative strategies involves a bill from Sen. Amber Hulse of Hot Springs mandating that driver’s licenses and identification cards clearly state U.S. citizenship status. This move reinforces the requirement for providing identification when voting in South Dakota.
Each of these three measures constitutes what Carley labels a “trifecta of safeguards” to ensure the integrity of South Dakota’s election processes while maintaining compliance with established law.
Governor Rhoden’s Decision
The outcome of these legislative efforts now rests with Gov. Rhoden, whose office remains reticent about whether he will sign Senate Bill 7 into law. Nonetheless, the bill’s movement through the legislative process, including unanimous passage through the Senate and near-unanimous consent in the House Local Government Committee, suggests robust support for its provisions among state lawmakers.
Looking Ahead: South Dakota’s Immigration Agenda
As South Dakota continues to navigate the complexities of immigration enforcement and community relations, these legislative efforts underscore a commitment to aligning more closely with federal policies. This legislative session marks a pivotal moment for South Dakota, as it balances its identity and legislative priorities with the broader national discourse on immigration and public safety.
The discussions and decisions made in Pierre, South Dakota’s state capital, resonate beyond state borders, reflecting a microcosm of the national conversation on immigration policy, law enforcement cooperation, and electoral integrity.
In this dynamic landscape, the legislative session’s outcomes will significantly influence South Dakota’s future positioning on immigration issues, setting precedents for other states grappling with similar challenges.