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Rep. Casper revises sanctuary statute bill to focus on cooperation with federal agencies
Summary
Representative Jim Casper presented an amended House Bill 13‑03 to clarify that political subdivisions may not adopt policies that bar cooperation with federal immigration authorities and to outline possible financial penalties; he said he will work with the state treasurer on implementation language.
Representative Jim Casper (District 46) presented a substantially revised version of House Bill 13‑03, which he described as narrowing the original draft to restate and clarify existing law that prohibits state or local political subdivisions and institutions of higher education from adopting or implementing “sanctuary” policies that limit cooperation with federal immigration authorities.
Under the revised language Casper circulated, the bill would restate prior prohibitions (the committee packet marked existing text in gray) and add clarifying language that a policy adopted by a state or political subdivision that restricts cooperation with federal immigration agencies would violate 8 U.S. Code section 1373 (cited in Casper’s handout as “8 US code 13 73”). The draft also would direct the state treasurer to withhold public funds used to implement a prohibited sanctuary policy, and Casper told the committee he will consult the treasurer to craft implementing language that identifies exactly what funds could be withheld.
Why it matters: The bill aims to remove ambiguity about whether local policies that limit cooperation with federal immigration authorities are permissible in North Dakota. Casper told the committee he narrowed the bill after discussions with the attorney general and intends to hold the bill open while he coordinates language with the treasurer.
What supporters said
Casper said the changes were intended to remove procedural detail that the attorney general’s office handles and to make clear that state law already bars sanctuary policies that bar cooperation with federal immigration authorities. He distributed a handout quoting the federal statute he had referenced (labeled in materials as “8 US code 13 73”).
Questions and next steps
Committee members asked whether there was an active problem with sanctuary jurisdictions in North Dakota; Casper said he knew of no systemic problem in the state but noted national trends and isolated arrests in North Dakota in the past year. He told the panel he would work with the treasurer on an amendment specifying what funds could be withheld if a political subdivision adopted an unlawful policy.
Ending: Casper closed by asking the committee to hold the hearing open for consideration of a treasurer‑sponsored amendment; no vote was taken.
