2019 House Bill 1172 - Printed

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

546B0289   HOUSE BILL   NO.  1172  

Introduced by:    Representatives Jensen (Kevin), Brunner, Dennert, Frye-Mueller, Goodwin, Hammock, Livermont, and Pischke and Senators Russell and Stalzer
 

        FOR AN ACT ENTITLED, An Act to provide for cooperation with federal officials in matters of immigration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 6-1 be amended by adding a NEW SECTION to read:
    No unit of local government as defined in § 6-1-12 may adopt, maintain, or enforce any ordinance, policy, resolution, or similar enactment that prohibits, limits, or discourages a law enforcement officer from communicating or cooperating with any federal agency or official in the enforcement of immigration laws, including making inquiries about the immigration status of a person lawfully detained or under arrest.
    Section 2. That chapter 6-1 be amended by adding a NEW SECTION to read:
    No unit of local government as defined in § 6-1-12 may adopt, maintain, or enforce any ordinance, policy, resolution, or similar enactment that grants to any person within the jurisdiction of the unit the right to lawful presence or status in violation of state or federal law.
    Section 3. That § 6-1-12 be amended to read:
    6-1-12. As used in sections 1 and 2 of this Act and § 6-1-13, a local government unit is any

political subdivision of this state including a county, township, municipality, or other unit of government, if the political subdivision provides local government services for residents in a geographically limited area of this state as its primary purpose and has the power to act primarily on behalf of that area.
    Section 4. That chapter 23-3 be amended by adding a NEW SECTION to read:

    No state, county, or municipal police department may adopt, enforce, or endorse a policy, pattern, or practice that prohibits, limits, or discourages a law enforcement officer from communicating or cooperating with any federal agency or official in the enforcement of immigration laws, including making inquiries about the immigration status of a person lawfully detained or under arrest.
    Section 5. That chapter 23-3 be amended by adding a NEW SECTION to read:
    Any law enforcement officer who refuses to communicate or cooperate with a federal agency or official in the enforcement of immigration laws is subject to disciplinary measures, including termination.

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