Research Note Researched

North Dakota — 287(g) expansion, border enforcement surge, Native American targeting, anti-sanctuary law

North Dakota has emerged as a significant node in the northern border enforcement apparatus. Immigration arrests more than doubled in 2025 (202 arrests Jan 20-Oct 15, up from 81 in same period 2024), multiple counties signed 287(g) agreements, and ICE detention is straining local jail capacity. The state is also ground zero for the disturbing trend of ICE detaining Native Americans.

The 287(g) Expansion

As of mid-2025, at least four North Dakota law enforcement agencies have signed 287(g) agreements with ICE:

Agency	Type	Date Signed
Dunn County Sheriff’s Office	Warrant Service Officer Model	March 2025
McKenzie County Sheriff’s Office	Task Force Model	March 2025
Dickinson Police Department	Task Force Model	March 2025
Eddy County Sheriff’s Office	Task Force Model	May 2025

Notably, McKenzie and Dunn counties are in the heart of the Bakken oil fields, where immigrant labor is critical to the energy economy. The Task Force Model is the most aggressive form of 287(g), allowing officers to question and detain people during routine operations.

Key Facilities

Facility	County	FIPS	Beds	Status
Grand Forks County Correctional Center	Grand Forks	38035	300+	Expanding, ICE demanding beds
Burleigh County Detention Center	Burleigh	38015	555	Largest in state, ICE surge
Pembina County Jail	Pembina	38067	18	Border facility, IGSA
Mountrail County Jail	Mountrail	38061	Unknown	IGSA, oil country

ICE Arrest Surge

202 ICE arrests in ND between Jan 20-Oct 15, 2025 (vs 81 in same period 2024) — 149% increase
Arrests handled by Fort Snelling (Minneapolis) ERO field office
Only one immigration attorney in all of North Dakota practices in federal court
Most noncitizens now denied bond under July 2025 DOJ policy change

Bond Denial Crisis

The U.S. Department of Homeland Security in July 2025 rolled back a 1997 precedent, concluding most noncitizens entering unlawfully are not eligible for bond. The Board of Immigration Appeals adopted this in September 2025 (Matter of Yajure Hurtado). At the district level, federal judges split, with both ND District judges siding against the government:

Judge Daniel Hovland (ND District Court): Ruled the practice violates federal law; in two ND cases ordered ICE to allow plaintiffs the opportunity for bond hearings
Judge Ralph Erickson (ND District Court): Wrote that the government “engages in a novel interpretation of ‘alien seeking admission’ that eluded the courts and five previous presidential administrations”
Before the appellate ruling, 400+ federal judges had ruled against the government in 5,000+ cases nationwide

Eighth Circuit reversal (March 25, 2026) — UPDATE

On March 25, 2026, a three-judge Eighth Circuit panel ruled 2-1 for the government, holding that most undocumented immigrants arrested in the U.S. interior may be detained without bond hearings regardless of criminal history or community ties. The ruling is binding on federal courts in North Dakota (plus Nebraska, Minnesota, Iowa, Missouri, South Dakota, Arkansas), effectively overriding Hovland’s and Erickson’s district-level orders within the circuit. This puts North Dakota on the government’s side of a 3-2 circuit split: the Eighth (here) and Fifth Circuits uphold no-bond detention, while the Second, Sixth (Lopez-Campos v. Raycraft, May 11 2026), and Eleventh Circuits ruled the opposite — that long-term interior residents are entitled to bond hearings. The split is expected to reach the Supreme Court. See bond-hearing-circuit-split-2026.

Native American Targeting

In January 2026, at least five tribal citizens were detained by ICE in the region (primarily in Minneapolis), including:

Four citizens of the Oglala Sioux Tribe
One descendant of the Red Lake Nation

North Dakota tribal nations responding include:

Turtle Mountain Band of Chippewa: Encouraging members to renew tribal IDs
Multiple tribal governments advising members to carry tribal IDs, certificates of degree of Indian blood
Tribal leaders taking actions to ban ICE from tribal property

This is particularly significant in North Dakota where 5.6% of the population is Native American and multiple reservations sit near the Canadian border.

Anti-Sanctuary Legislation (HB 1303)

The North Dakota Legislature approved HB 1303 on April 9, 2025, punishing communities that enact sanctuary policies:

Prevents local entities from restricting communication with federal immigration agencies
Attorney General determines violations, gives 30 days to appeal
Non-compliant jurisdictions lose state funding (deposited in “sanctuary compliance fund”)
There are currently no sanctuary communities in North Dakota — the law is preemptive

DHS “Sanctuary Jurisdictions” Shaming (May 2025)

On May 29, 2025, DHS published a list naming 7 ND counties as “sanctuary jurisdictions”:

Billings County
Golden Valley County
Grant County
Morton County
Ramsey County
Sioux County
Slope County

North Dakota sheriffs angrily disputed the designation, calling it “misinformation and a mischaracterization.” DHS deleted the list from its website by June 1, 2025, after national backlash. The episode reveals the political pressure campaign even in cooperative states.

Northern Border Context

Secretary Noem visit: Feb 4, 2026 — Northern Border Round Table at Grand Forks AFB with ICE Director Lyons
Grand Forks Sector: ~200 Border Patrol agents cover 861 miles of Canada border
Anti-mask law: ND expanded anti-mask statute in 2025; questions raised about whether it applies to ICE agents who conceal identity during operations (Feb 2026 discussion)

Community Opposition

On January 11, 2026, demonstrators rallied in front of the North Dakota Capitol in Bismarck for an “ICE Out for Good” event, organized in response to the killing of Renee Good by an ICE agent (Jonathan Ross) in Minnesota. This reflects growing grassroots opposition to ICE’s detention expansion across the region, though ND remains a cooperative state with no sanctuary jurisdictions.

Continued Cooperation Highlighted by DHS

On April 15, 2026, DHS issued a press release publicizing ICE’s work with North Dakota law enforcement partners to arrest an “illegal alien” wanted for murder in North Carolina — an example of DHS spotlighting ND interior cooperation in its messaging, even as the same agency had months earlier (May 2025) falsely shamed seven ND counties as sanctuary jurisdictions.

Workforce vs. Enforcement Tension

North Dakota faces acute labor shortages, particularly in:

Oil fields (Bakken formation)
Agriculture
Healthcare

The state’s Office of Legal Immigration was created to recruit foreign workers, yet a bill was introduced in Feb 2025 to repeal it amid the enforcement climate. The tension between economic need and enforcement is particularly stark in the Bakken counties now signing 287(g) agreements.

Sources

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