Key Takeaways
• South Dakota joined the 287(g) Task Force Model on May 23, 2025, to target violent criminals and drug traffickers.
• DCI agents receive ICE training and operate statewide with federal supervision, focusing on public safety threats only.
• Program aims to fill federal enforcement gaps without broad immigration checks, emphasizing collaboration against cartel activity.
South Dakota Attorney General Marty Jackley has taken a major step in state immigration enforcement by announcing a new partnership with U.S. Immigration and Customs Enforcement (ICE) under the federal 287(g) program. This decision, made public on May 23, 2025, marks the first time South Dakota’s Division of Criminal Investigation (DCI) will have direct authority to enforce certain federal immigration laws. The move is designed to target violent criminals and illegal drug dealers, not to conduct broad immigration sweeps or routine status checks.
This development comes after Jackley and other state attorneys general visited the U.S.-Mexico border in Arizona, where they discussed ways to address rising concerns about drug trafficking and violent crime linked to illegal immigration. The partnership is part of a growing trend among states seeking a more active role in federal immigration enforcement, especially as concerns about fentanyl and cartel activity increase.
What Is the 287(g) Program and Why Is South Dakota Joining?
The 287(g) program was created by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It allows state and local law enforcement agencies to work with ICE and perform certain immigration enforcement duties, but only after receiving special training and under federal supervision. There are different models of the program, but South Dakota is adopting the Task Force Model, which is the most comprehensive. This model lets trained officers enforce immigration laws outside of jail settings, such as during investigations into violent crimes or drug trafficking.
Attorney General Jackley has made it clear that the state’s use of this authority will be tightly limited. He stated, “I am restricting the use of this federal authority to violent criminals and drug dealers.” This means DCI agents will only use their new powers when they encounter individuals involved in these serious crimes—not for routine immigration checks or unrelated offenses.
How Will the Program Work in South Dakota?
The process for putting the 287(g) program into action in South Dakota involves several steps:
- Application and Approval: The DCI submits a request to ICE to join the 287(g) Task Force Model. ICE reviews the application and, if approved, signs a Memorandum of Agreement (MOA) with the DCI.
- Agent Selection and Training: DCI selects agents from both Eastern and Western South Dakota to participate. These agents receive specialized training from ICE, learning how to identify, process, and detain individuals for federal immigration violations.
- Operational Rollout: Once trained, these agents can use their new authority during investigations of violent crimes and drug trafficking. They will be based in Pierre, but their work will cover the entire state.
- Oversight and Supervision: ICE will provide ongoing oversight to ensure the program is used as intended and that agents follow federal guidelines.
Key Details and Timeline
- Announcement Date: May 23, 2025
- Authorization Date: May 21, 2025 (initial public statement and border visit)
- Program Model: Task Force Model of 287(g)
– Lead Agency: South Dakota Division of Criminal Investigation (DCI) - Federal Partner: U.S. Immigration and Customs Enforcement (ICE)
- Training: Initial training for agents from both Eastern and Western South Dakota
- Implementation Status: In progress, with training and MOA pending
Why Is South Dakota Taking This Step Now?
Attorney General Jackley and other supporters of the move say the main reason is public safety. They point to the growing problem of fentanyl and other illegal drugs entering the state, which they link to cartel activity and illegal border crossings. By giving DCI agents the authority to enforce federal immigration laws in cases involving violent crime and drug trafficking, they hope to disrupt these criminal networks and make communities safer.
Jackley’s approach is also a response to what he and other state officials see as gaps in federal enforcement. With limited federal resources, states like South Dakota want to help fill the gap, especially when it comes to dangerous offenders.
What Does This Mean for Immigrant Communities?
One of the biggest concerns with programs like 287(g) is how they affect immigrant communities. Critics in other states have warned that expanded local immigration enforcement can lead to racial profiling, fear, and a breakdown in trust between police and immigrant residents. People may become afraid to report crimes or cooperate with law enforcement if they worry about their immigration status being checked.
Attorney General Jackley has tried to address these concerns by clearly limiting the program’s scope. He has said the new authority will only be used in cases involving violent criminals and drug dealers, not for general immigration enforcement. The goal is to focus on public safety threats, not to target people simply because of their immigration status.
How Does the 287(g) Program Work in Practice?
The 287(g) program gives specially trained state or local officers the power to:
- Identify individuals who may be in the United States 🇺🇸 without legal status during criminal investigations
- Process these individuals for possible immigration violations
- Detain them for ICE, if appropriate
However, all actions must follow federal rules, and ICE provides close supervision. Officers cannot use their authority outside the limits set by the agreement.
What Are the Main Arguments For and Against the Program?
Supporters’ Views:
- Fills Enforcement Gaps: Supporters say the program helps address gaps in federal enforcement, especially with limited ICE resources.
- Targets Serious Crime: By focusing on violent criminals and drug traffickers, the program aims to improve public safety.
- State-Federal Partnership: The partnership allows states to play a more active role in addressing crime linked to illegal immigration.
Critics’ Concerns:
- Potential Overreach: Critics worry that even with limits, the program could be used too broadly or lead to mistakes.
- Community Trust: There is concern that immigrant communities may become afraid to interact with police, making it harder to solve crimes.
- Racial Profiling: Some fear the program could lead to unfair targeting of people based on their appearance or language.
Jackley’s decision to restrict the program to violent and drug-related crimes is meant to address these concerns, but immigrant advocacy groups often remain cautious.
How Does South Dakota’s Approach Compare to Other States?
South Dakota is not alone in seeking 287(g) authority. Several other states have entered into similar agreements, especially in recent years as concerns about border security and drug trafficking have grown. However, the way each state uses the program can vary widely. Some use it mainly in jails to check the status of people already arrested, while others, like South Dakota, are adopting the Task Force Model for use during active investigations.
The Task Force Model is the most proactive form of 287(g) authority. It allows officers to use their powers outside of jail settings, which can make it more effective for targeting criminal networks but also raises more questions about oversight and community impact.
What Is the Legal and Historical Background?
The 287(g) program was created as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Its purpose is to let state and local law enforcement help enforce federal immigration laws, but only under strict federal supervision. The program has been controversial since its start, with supporters praising its role in public safety and critics warning about its effects on civil rights and community trust.
South Dakota’s DCI has never before sought 287(g) Task Force authority. This move represents a new phase in the state’s approach to immigration enforcement, reflecting both local concerns and national trends.
What Happens Next?
The program is still in its early stages in South Dakota. The next steps include:
- Finalizing the MOA: The DCI and ICE must sign a formal agreement outlining the program’s rules and limits.
- Training Agents: Selected DCI agents will undergo federal training to become 287(g) Task Force Officers.
- Operational Rollout: Once trained, these agents will begin using their new authority during investigations of violent crime and drug trafficking.
- Ongoing Oversight: ICE will supervise the program to ensure it stays within the agreed limits.
There are also related bills under consideration in the South Dakota Legislature, such as Senate Bill 7 and SB187, which address broader issues of immigration enforcement and the role of local governments.
What Are the Practical Effects for Stakeholders?
- Law Enforcement: DCI agents will have more tools to address violent crime and drug trafficking linked to illegal immigration. They will receive special training and federal oversight.
- Immigrant Communities: The program is not meant for broad immigration enforcement. However, some people may still worry about its impact on trust and cooperation with police.
- General Public: Supporters hope the program will make communities safer by targeting dangerous offenders. Critics caution that it could have unintended side effects.
Summary Table: Key Features of South Dakota’s 287(g) Agreement
| Feature | Details |
|---|---|
| Program Type | 287(g) Task Force Model |
| Scope | Violent criminals and drug dealers only |
| Lead Agency | South Dakota Division of Criminal Investigation (DCI) |
| Federal Partner | U.S. Immigration and Customs Enforcement (ICE) |
| Announcement Date | May 23, 2025 |
| Initial Training | DCI agents from Eastern and Western South Dakota |
| Implementation Status | In progress (training and MOA pending) |
| Contact | Tony Mangan, 605-773-6878 |
Where Can Readers Find More Information?
For official updates and press releases, readers can visit the South Dakota Attorney General’s Office. For more details about the 287(g) program, the U.S. Immigration and Customs Enforcement website provides comprehensive information about how the program works, its history, and current agreements.
Contact Information:
- South Dakota Attorney General’s Office:
- Communications Director: Tony Mangan
- Phone: 605-773-6878
- Official Website: news.sd.gov
Looking Ahead: What Could Change?
The 287(g) program in South Dakota is just beginning. The number of agents involved, the exact procedures, and the program’s impact will become clearer as it rolls out. Lawmakers may also pass new bills that affect how immigration enforcement is handled in the state. Depending on how well the program works and the relationship between state and federal authorities, the scope could be adjusted in the future.
As reported by VisaVerge.com, South Dakota’s move is part of a larger national trend, with more states seeking to play a direct role in federal immigration enforcement. The results in South Dakota could influence how other states approach similar partnerships.
Actionable Takeaways for Readers
- For Law Enforcement: Stay informed about new training opportunities and changes in procedures related to the 287(g) program.
- For Immigrant Communities: Understand that the program is focused on violent crime and drug trafficking, not routine immigration checks. If you have concerns, reach out to local advocacy groups or the Attorney General’s Office for clarification.
- For the General Public: Watch for updates from official sources and consider how these changes might affect your community.
Conclusion
South Dakota’s entry into the 287(g) Task Force partnership with ICE is a targeted effort to address violent crime and drug trafficking linked to illegal immigration. The program is designed with clear limits to avoid broad immigration enforcement and to focus on public safety. As the program moves forward, its real-world effects will depend on careful implementation, ongoing oversight, and open communication with all stakeholders.
For more information about the 287(g) program and its requirements, visit the U.S. Immigration and Customs Enforcement official page. This resource provides up-to-date details on how the program operates nationwide and what it means for states like South Dakota.
Learn Today
287(g) Program → Federal program allowing trained state officers to enforce immigration laws under ICE supervision.
Task Force Model → 287(g) program version letting officers enforce immigration laws beyond jails during investigations.
Memorandum of Agreement (MOA) → Formal contract between state agency and ICE outlining 287(g) program terms.
Division of Criminal Investigation (DCI) → South Dakota state agency leading the 287(g) enforcement efforts.
Federal Oversight → ICE supervision ensuring state agents follow federal immigration enforcement rules under 287(g).
This Article in a Nutshell
South Dakota’s new 287(g) partnership with ICE enables specially trained DCI agents to enforce immigration laws targeting violent criminals and drug traffickers, aiming to enhance public safety while limiting enforcement scope to serious offenses under federal supervision.
— By VisaVerge.com
