Jackley stands by support for Ariz. law
DOJ's stance could harm efforts of federal, local agents, AG says
argusleader.com
by John Hult
12:00 AM, Sep. 22, 2011

South Dakota Attorney General Marty Jackley has once again thrown the state's support toward the legal battle over Arizona's controversial 2010 immigration law.

Resolution in the case would give South Dakota legislators guidance in their own efforts to enforce immigration laws on the state level, Jackley said, but some legislators don't plan to wait for an answer from the federal government.

"We're talking about some pretty comprehensive reform here in South Dakota (next year)," said Rep. Stace Nelson, D-Fulton.

South Dakota was one of a handful of states to file statements of support in the Arizona's request earlier this month for a U.S. Supreme Court hearing over the law, parts of which have been ruled unconstitutional by the 9th and 10th District courts.

Last year, the Department of Justice sued to block the law, which would force local police officers to demand proof of citizenship from anyone they suspect to be in the country illegally.

Jackley thinks the Justice Department's stance on the issue could compromise the cooperative efforts that already exist between local and federal agents in South Dakota.

Local jails hold suspected illegal immigrants for Immigration and Customs Enforcement, for example. Jailers in Minnehaha County send the fingerprints of every new inmate through a federal database of known criminal aliens.

"The D.O.J. took the position that the states have no role in the enforcement of federal immigration law," Jackley said. "That's very concerning for us."

The American Civil Liberties Union of South Dakota, meanwhile, sees the idea of asking law enforcement in any state to act on suspicions as an invitation to racial profiling.

"That South Dakota lawmakers want to infringe on 14th Amendment rights, as well as take up what is decidedly a federal issue - immigration - is a direct insult to taxpayers," said Robert Doody, Executive Director of the ACLU of South Dakota.

During this year's session, Sen. Craig Tieszen, R-Rapid City, backed a bill that would have fined South Dakota employers who hire illegal immigrants.

After feeling backlash over his proposal from ag groups, Tieszen said he now feels more strongly about the issue.

"We're not in the dire straits that some border states are in, but we're further along than I thought we were," he said. "It's like a ticking time bomb."

Nelson's proposal, which he says he has worked on "all summer" in anticipation of the next legislative session, also would regulate employers. It's modeled on a 2007 Arizona law that threatens to revoke the licenses of businesses known to hire illegal immigrants, he said. The U.S. Supreme Court upheld that law 5-3 in May.

"It's already passed constitutional muster, and hopefully it will help us take care of some of the problems we have in South Dakota," Nelson said.

Rep. Manny Steele, R-Sioux Falls, wants to see the court uphold Arizona's more recent law and local law enforcement to have more latitude in dealing with suspected illegal immigrants.

"We need to get back to individual states having a whole lot more authority," Steele said.

Reach reporter John Hult at 331-2301.

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