SOUTH DAKOTA LEGISLATURE EXPANDS AUTHORITIY OF STATE AUDITOR

PIERRE, S.D. (Todd Epp / SDBA) – On Thursday South Dakota senators unanimously approved legislation to expand State Auditor Rich Sattgast’s oversight over state spending after an earlier attempt failed.

The Senate voted 35-0 in favor of the amended Senate Bill 60, which mandates the auditor’s office to hire qualified accounting staff and grants access to state agency financial records.

The bill had a winding way to passage in the Senate. SB 60 passed out of the Senate State Affairs Committee earlier, 9 to 0. Then, between committee passage and consideration on the Senate floor yesterday (Wednesday), Attorney General Marty Jackley, State Auditor Rich Sattgast, and the Rhoden Administration wanted changes to the bill initially submitted by the Attorney General.

Jackley proposed several bills to address recent episodes of state employees ripping off their departments and taxpayers.

That floor amendment failed to garner 18 votes, and then the committee-approved bill failed by two votes. Senate Majority Leader Jim Mehlhaff, R-Pierre, expressed frustration about the process and was unhappy with members who did not approve the amendment.

But Thursday was another day with another amendment and a different result.

“This amendment is very much supported by the Attorney General who introduced Senate Bill 60, very much supported by the state auditor, very much supported by the Bureau of Finance and Management,” said Sen. Jim Mehlhaff, R-Pierre.

The revised bill empowers Sattgast to investigate potential fraud and requires reports of misconduct to be made to the auditor and attorney general.

“This is the first step in getting accounting and some investigations properly overseen,” said Sen. Chris Karr, R-Sioux Falls.

Aimed at strengthening financial oversight after recent state government fraud cases, the measure also requires all agency contracts to include language acknowledging the auditor’s access rights.

The bill now heads to the House for further debate.

 

LAWMAKER LOSES VICE-CHAIRMANSHIP AFTER PROPOSING THE DEFUNDING OF HURON SCHOOLS OVER BATHROOM ISSUE

PIERRE, S.D. (Seth Tupper / South Dakota Searchlight) – A firestorm of criticism Wednesday forced a South Dakota lawmaker to lose a committee vice chairmanship and withdraw his bill to defund the Huron School District, which he filed in reaction to a tip about the district’s bathroom policy.

Meanwhile, a separate bill was filed to make school bathrooms “exclusively” male or female, as determined by a student’s “biological” sex at birth. That bill would also criminalize violations.

The demoted legislator is Rep. Phil Jensen, a Republican from Rapid City. He filed a bill Tuesday to cut off state funding for the Huron schools — which are 300 miles from his own legislative district — with no reason given in the text of the legislation.

Backlash was immediate at the Capitol, where lawmakers are gathered for their annual legislative session. Reactions to the bill dominated morning conversations.

House Education Committee Chairwoman Lana Greenfield, R-Doland — whose district includes Huron — asked Jensen, the vice chairman, to stay away from the committee’s Wednesday morning hearing.

Jensen’s bill wasn’t on the agenda, but Greenfield told Searchlight she knew there would be upset school administrators attending the hearing. They were in town for the School Administrators of South Dakota’s Outstanding Administrator Banquet, which was scheduled for later Wednesday at a Pierre hotel and conference center.

“I just thought instead of inciting any kind of a problem, it would be better if he would leave,” Greenfield said.

Jensen left the hearing but came back before it was over. He told Searchlight afterward that he had recently received a tip about Huron school officials, and he filed his bill “so they could come to Pierre and answer as to why they think it’s OK” for transgender students to use the bathroom or locker room of their choice.

When asked whether he knew the school district’s bathroom policy or any further details, Jensen deflected.

“They allow boys to go in the girls’ bathrooms now,” he said. “And that’s unacceptable.”

Jensen said he was willing to withdraw his bill and did so because he had been informed that another representative was introducing a bill addressing school bathrooms statewide. That bill is from Rep. Brandei Schaefbauer, R-Aberdeen, with Jensen as a cosponsor. It would require school administrators to ensure that areas such as changing rooms, restrooms and shower rooms are “designated for use exclusively by females or for use exclusively by males.”

Schaefbauer’s bill would make it a misdemeanor crime to knowingly enter and refuse to leave such a room in violation of the law.

Amid the hubbub surrounding Jensen’s Huron bill, House leaders asked him to step down as vice chair of the Education Committee, he said, adding that he agreed because he was willing to surrender his vice chairmanship to retain his seat on the committee.

The House clerk announced the demotion during the start of the House floor session Wednesday afternoon, saying “the speaker announced that Rep. Jensen was removed as vice chairman of the House Committee on Education.” Afterward, Speaker Jon Hansen, R-Dell Rapids, confirmed to South Dakota Searchlight that Jensen would remain a member of the committee.

A bit of theater ensued during the House floor session, due to Huron School Superintendent Kraig Steinhoff’s presence after his attendance at the administrators’ banquet. Lawmakers routinely ask for a “personal privilege” to recognize people in the gallery, and Rep. Kevin Van Diepen, R-Huron, was granted one to recognize Steinhoff and other Huron officials.

Van Diepen introduced Steinhoff as the superintendent of “the wonderful Huron School District.” Jensen applauded but remained seated as other members of the House stood to applaud and welcome the Huron contingent.

Steinhoff declined to answer questions from South Dakota Searchlight and instead provided a written statement about Jensen and his legislation, House Bill 1224.

“Representative Jensen and I have not communicated. I understand HB 1224 has been withdrawn,” Steinhoff’s statement said. “The bill caused fear, confusion, and unnecessary stress. As the superintendent, I am proud to serve ALL students of the Huron School District and will support and defend HSD with every breath I take.”

An article on the IW Features website relates an account — unconfirmed by South Dakota Searchlight — that may have motivated Jensen’s bill. IW Features is a project of the Independent Women’s Forum, a nonprofit that argues against the inclusion of transgender women in women’s sports and other settings.

The IW Features article alleges that two girls who attend Huron High School complained to school officials about a transgender girl using girls’ bathrooms and were told to use the school’s family restroom if they were uncomfortable.

Susan Williams, executive director of the Transformation Project in Sioux Falls, which advocates for transgender people, said Jensen’s bill and rhetoric were not surprising.

“For almost a decade we have seen Rep. Phil Jensen propose hateful, discriminatory legislation that targets transgender South Dakotans,” Williams said in a statement. “His demotion after his latest incidence of transphobia is well deserved. Rep. Jensen’s desire to use his position to hurt marginalized people, rather than help them is deplorable.”

But the particulars of the situation in Huron remained largely unknown around the Capitol as lobbyists and lawmakers swiftly condemned Jensen for his targeting of the Huron School District.

Sen. David Wheeler, R-Huron, called Jensen’s bill “a terrible waste of time for everybody.”

Rob Monson, executive director of School Administrators of South Dakota, released a statement on social media saying he and Steinhoff had met with House leaders and had requested that Jensen not only lose his vice chairmanship but also be removed from the committee. Monson said Jensen is “unfit to serve on that committee,” and later said there was still “ongoing discussion” about a removal.

South Dakota Democratic Party Executive Director Dan Ahlers, a former legislator, released a statement saying “these actions are beneath the office that Rep. Jensen holds.”

Monson and Ahlers described Jensen’s bill as part of a broader attack on public education this legislative session.

That attack, they said, consists of efforts including a less-than-inflation state funding increase of 1.25% proposed by former Gov. Kristi Noem, a pending bill that would require the Ten Commandments to be posted in every public school classroom, and a Noem proposal to create education savings accounts that would provide public funding to help families pay for private school tuition, homeschooling or other forms of alternative instruction. A bill that would have required public schools to allow chaplains failed Wednesday in the House.

Wednesday was not Jensen’s first experience with widespread condemnation of his actions or statements.

In 2016, he told the Rapid City Journal that one of his constituents witnessed “dozens of South Americans” fleeing a parked van in downtown Rapid City, and then Jensen described how they looked in language that the state Democratic Party called “bigoted.” At the time, Jensen was supporting legislation to close the state to refugees.

In 2014, Jensen told the Journal that businesses should have the right to deny service based on a customer’s race or religion, because the situation is best left to the free market.

 

HOUSE DEFEATS BILL REQUIRING PUBLIC SCHOOLS TO SET POLICIES FOR CHAPLAIN VISITS, SERVICES IN SOUTH DAKOTA

PIERRE, S.D. (Makenzie Huber / South Dakota Searchlight) – A bill requiring public school districts in South Dakota to set policies allowing chaplains to serve within school buildings failed in the South Dakota House of Representatives in a 49-18 vote.

Rep. Al Novstrup, R-Aberdeen, introduced House Bill 1054, saying that it would formalize religious outreach efforts in schools and help students to develop relationships with spiritual mentors. Chaplains would serve in schools based on school board policies, including qualification requirements and parental consent.

Lawmakers opposed to the bill shared how faith leaders are already involved in many South Dakota schools through clubs and outreach efforts, and worried that a mandated policy would confuse practices in place. Brookings Republican Rep. Mellissa Heermann said she worried about variation in minimum qualifications and teaching standards by school district.

Religion is a personal decision that should be left to a child and their family, said Sioux Falls Democratic Rep. Erin Healy.

The bill “doesn’t strengthen religious freedom, it threatens it,” she said. It could potentially alienate a child if a school chaplain instructs different religious values than the student and their family believe.

“Parents send their children to public school to learn to read, to learn to write, and learn to have critical thinking skills,” Healy said. “They don’t send them to public school to have religious instruction imposed on them by government-mandated chaplains.”

Proponents of the legislation argued it was written loosely enough to allow for local control and account for concerns raised during debate.

Lawmakers this session are also weighing Senate Bill 51, which would mandate that public schools display the Ten Commandments in every classroom. That measure passed the Senate and heads to the House of Representatives.

 

IMMIGRATION CRACKDOWN COMES TO SOUTH DAKOTA

SOUTH DAKOTA (South Dakota News Watch) – In his first few weeks in office, President Donald Trump has upheld his campaign promise to crack down on illegal immigration in the United States, and that includes South Dakota.

Here is a snapshot of some of the ways the immigration issue is playing out in the Rushmore State, with details below:

The Minnehaha County sheriff confirms that more federal immigration detainees from South Dakota are showing up in the Sioux Falls jail.

Misinformation about immigration enforcement is rampant, and many immigrants in Sioux Falls are worried for their freedom, one advocate said.

U.S. Rep. Dusty Johnson said that people from other countries who are here legally should have nothing to worry about amid the increase in federal immigration enforcement.

The Sioux Falls School District, the most diverse school system in the state, is trying to assure parents and students that education will continue as normal.

A Rapid City Mexican restaurant is fighting back against false rumors that the eatery was raided by federal immigration officers.

Milstead: Immigration enforcement on the rise in SD

Efforts to apprehend illegal immigrants with criminal warrants have stepped up in South Dakota since Trump took office, and it’s likely that some illegal immigrants without criminal charges are also being detained, said Minnehaha County Sheriff Michael Milstead.

In a two-day period in the last week of January, six people on U.S. Immigration and Customs Enforcement detainers were brought to the Minnehaha County Jail for processing and holding for up to 48 hours, he said. Of those six detained locally, at least two were known to have active local warrants, Milstead said.

Even though he has no hard data, Milstead said he expects that many more illegal immigrants have been detained in recent weeks in South Dakota, either those held at the Minnehaha County Jail or some who were immediately sent to ICE facilities outside the state.

Milstead said that as federal authorities apprehend immigrants with criminal warrants, they are also arresting anyone they encounter who is not in the country legally.

Milstead said his department has had two immigration-related federal partnerships in place for years. In one cooperative effort, information on foreign arrestees is shared with federal authorities and in the other, fingerprints of those individuals are shared with ICE.

“There has been no sweeping change in what we do, but in fact, we’ve seen a significant increase in those ICE holds and it’s obviously because of the change in the priorities of the new (Trump) administration,” he said. “If you work for the federal government in any Homeland Security division, you’ve been really busy the last few weeks because there’s been a 180-degree change in priorities. And the priority now is to apprehend those individuals who pose a danger to our community.”

Milstead, who chairs the drug enforcement committee of the National Sheriff’s Association, said he recently met with top immigration and drug enforcement officials from the federal government.

One goal of stronger immigration enforcement is to reduce the flow of drugs, particularly fentanyl, into the country at international borders in the southwestern U.S., to the north with Canada and on the Florida coast, he said.

“While they’re two different issues, immigration enforcement and drug enforcement, we know they are related,” Milstead said. “We know (drug cartels) are targeting migrants coming across the border to carry these drugs, and targeting them for human trafficking, child exploitation and labor trafficking, or anything else they’re doing to try to build their cartel infrastructure.”

Milstead said local and county law enforcement officers are not empowered to conduct immigration investigations on their own, but his agency will continue to assist federal authorities in their efforts.

Milstead said he is working with community leaders in Minnehaha County to share what he knows about the ongoing immigration enforcement efforts.

An extensive video he released on social media recently to answer questions about local immigration enforcement has tens of thousands of views, he said.

“There was a lot of misinformation out there,” he said. “We were hearing stories that the police and sheriff’s offices were swooping in and dragging women and children out of homes, and that just isn’t the truth.”

Advocate: Immigrants worried across the state

Sioux Falls immigration attorney and civic leader Taneeza Islam said that even though she has not heard of any major immigration raids or sweeps in South Dakota, many immigrants are fearful they might be somehow caught up in the immigration crackdown.

“People are terrified,” she said. “They’re not going to work, they’re not sending their kids to school, they’re not getting medical services, they’re not going to social events such as soccer practice or other events.”

Islam is the CEO of South Dakota Voices for Peace and also is an organizer of the South Dakota Dream Coalition, a consortium of groups that advocate for underserved populations, including immigrants.

Islam said she has heard from many immigrants who are worried they might be targeted by federal authorities. Most concerns have come from Sioux Falls but also in other areas of the state, including from employees of hotels and construction firms in particular, she said.

Misinformation being spread on social media about the severity of the crackdown is leading to greater anxiety, Islam said.

“There’s a lot of fear but also an exponential amount of disinformation and misinformation that everyone is seeing on social media. And that is exacerbating the fears,” she said.

Islam and her advocacy colleagues have posted some online videos, in both English and Spanish, to provide accurate information to the community. One video was the sit-down with Sheriff Milstead which has received significant audience engagement.

The biggest message Islam wants to send right now is for immigrants to know their rights under the law, including to demand a warrant from a federal agent trying to enter a property and to know they can remain silent and request an attorney.

“Our position is that we can’t outpace misinformation, but what we can do is provide true and accurate information,” she said. “(And) if we can make ICE follow the rules and laws, then everyone will be within their rights.”

Sioux Falls schools tempering concerns

The Sioux Falls School District has taken steps to alleviate concerns or fears that students or parents might have amid the heightened focus on immigration enforcement in the state and nation.

District spokeswoman DeeAnn Konrad told News Watch that the school district wants everyone to know that the district has a commitment to teach all students regardless of any outside forces or messaging.

“We want to make sure our families know that we are here for teaching and learning and we’re going to do that regardless of everything that’s happening in the political world and with law enforcement,” Konrad said.

The Sioux Falls school system, where an estimated 106 languages are spoken, is highly diverse in student population. The 2024 district demographic report indicates that 44.6% of the 24,201 students in 2024 were non-white, including Hispanic students who made up 16.5% of the overall enrollment.

Konrad said the district does not survey parents or students about their legal immigration status when developing its demographic reports.

“We have no need to ask that question because we’re required by law to educate all students and we will do that,” she said. “We try to make sure our (district employees) are controlling what you can control, and that is that when kids show up at school, we can love them and teach them.”

In Huron, legal immigrants worry

Diana Vianey Pineda, a 31-year-old native of Guerrero, Mexico, came to South Dakota in 2015 to work at the Dakota Provisions meat processing plant in Huron. She and her husband started their own piñata business, Piñatas La Mexicanahas, in 2021.

Pineda was part of an influx that gave Beadle County the highest percentage of Hispanic residents in the state at 14.3%. She told News Watch that Hispanic residents are on edge because of recent immigration crackdowns.

“Unfortunately in Huron, we are having a big problem,” she said. “The Hispanic community does not go out, for fear of being detained by immigration, even if they’re legal.”

Rapid City restaurant fights ICE rumors

Owners of a Mexican restaurant in Rapid City took to Facebook to counter rumors that it had been raided by U.S. Immigration and Customs Enforcement agents.

The owner of Albertano’s Mexican Restaurant posted a message on Facebook on Jan. 28 labeled “FALSE INFORMATION” and went on to say that other social media postings about a government raid at the restaurant were not true.

“It has come to our attention that people are posting things that ICE took our employees and ICE has been to our premises. This information is totally false. I don’t know what intention people are doing this because we’ve been the only Mexican restaurant mentioned in this whole thing,” Maria Santana wrote.

The post also noted that “just because we are Mexican does not mean we are undocumented.”

The Facebook post by Albertano’s has since drawn more than 200 likes and 50 comments, many from customers who said they support the restaurant and will continue to patronize it, perhaps with more frequency.

“I have not been to your restaurant yet, but I will make a point of it in support of you,” one woman posted. “So sorry people have targeted you for misinformation.”

Rep. Dusty Johnson: Only illegal immigrants need worry

U.S. Rep. Dusty Johnson told News Watch that foreigners who are in the country legally should not be worried about law enforcement actions.

“Americans who are here illegally, understand they’re here illegally,” Johnson said Saturday in an interview with News Watch in Rapid City. “Every day I’m talking to people who were not born in America, and those people were here legally. Overwhelmingly, the sense I get from them is that they know they don’t have anything to fear.”

The Republican said that ICE has focused its deportation efforts on illegal immigrants with criminal backgrounds.

“A substantial proportion of the people they have picked up have been folks with criminal records,” he said. “I think ICE has done a good job of getting in and understanding who has been here has been adjudicated, who has been found guilty and who has not been deported because of the policies of this (former President Joe Biden’s) administration. So I do think they’ve been trying to do some pretty good work in targeting.”

‘Sanctuary City’ bill moves forward quickly

Lawmakers from both chambers of the South Dakota Legislature have passed a bill that would prevent the state or any municipality from enacting laws or ordinances that prevent law enforcement agents or residents from cooperating with federal immigration officials or that grants an illegal immigrant legal status.

Senate Bill 7 was passed 35-0 by the Senate on Jan. 24 and carried 62-6 in the House of Representatives on Feb. 3. The measure seeks to prevent the creation of so-called sanctuary cities, which in some other states have become local safe havens for undocumented immigrants. As of Feb. 4, the measure awaited only the governor’s signature before becoming law.