South Dakota Sanctuary City Policy and Local Discretion

Unlike Texas or Florida, South Dakota has not enacted a statewide ban on sanctuary jurisdictions and has no statute compelling local law enforcement to honor ICE detainers or share immigration status with federal authorities. Counties and municipalities may voluntarily participate in 287(g) agreements, Secure Communities, or detainer programs. SDCL Title 23 governs law enforcement authority generally, and constitutional limits on detainers without judicial warrants apply. No South Dakota city has formally adopted a sanctuary ordinance as of 2026, and most jurisdictions cooperate informally with federal immigration authorities.

There are no state penalties for adopting or refusing sanctuary policies; potential federal funding consequences exist for jurisdictions noncompliant with 8 USC 1373 information-sharing rules.