South Dakota Steps Into Immigration Debate

PIERRE, S.D. (AP) — South Dakota is joining other states in filing a legal brief that backs Arizona's immigration law, Gov. Mike Rounds and Attorney General Marty Jackley said Tuesday.

South Dakota will support state governments' joint authority with federal officials to enforce immigration laws, the two Republican officials said.

The state will not be a party in the U.S. Justice Department's challenge of the Arizona law but will join other states in filing a "friend of the court" brief, Jackley said. Michigan is taking the lead in that effort, so South Dakota likely will bear no costs as it acts in a supporting and advisory role, he said.

The Arizona law, which would take effect July 29, would require state and local police to question and possibly arrest illegal immigrants during the enforcement of other laws such as traffic stops. Opponents have said the law will lead to racial profiling.

The U.S. Justice Department recently filed a federal lawsuit seeking to block the Arizona law, arguing that immigration is a federal issue.

Arizona Immigration Law - Senate Bill 1070:

Read the entire bill online »

Read a fact sheet/summary of the bill »

Read the Justice Dept. Lawsuit against Arizona »

Jackley said he wants to preserve the cooperation among federal, state and local authorities in enforcing federal immigration laws in South Dakota. If the Arizona law is blocked and federal authorities no longer work with state officials to enforce immigration laws, state and local officials might have to release suspected illegal immigrants, Jackley said.

"That would not be in the best interest of South Dakota or public safety in South Dakota," the attorney general said.

Rounds said the case involves an important legal issue. "Simply put, states should be allowed to enforce federal immigration law."

Jackley, who was U.S. attorney for South Dakota until about a year ago, said federal authorities prosecuted 61 immigration cases in South Dakota during his last year as the top federal prosecutor in the state. Most immigration cases arise when state or local law officers arrest people for drug offenses, drunken driving or other offenses, he said.