Minnehaha County Jail — Primary SD ICE holding, 287(g) Warrant Service, courthouse arrest controversy
Overview
The Minnehaha County Jail in Sioux Falls is the primary ICE holding facility in South Dakota. It receives the “vast majority” of ICE detainer requests in the state. Non-criminal immigration detainees can be held for a maximum of 72 hours before transfer to a dedicated ICE detention facility (likely in Minnesota, under the Fort Snelling ERO field office).
287(g) Agreement
- Type: Warrant Service Officer Model
- Signed: March 17, 2025
- Sheriff: Mike Milstead
- Function: Allows specifically trained jail officers to serve ICE warrants on people already in custody, saving ICE agents from appearing personally
Sheriff Milstead has stated that ICE makes immigration arrests, not local law enforcement — but arrestees are held at the jail because “there is no federal jail to hold detainees” in South Dakota.
Volume
- Since early June 2025, approximately 20 people lodged on immigration charges at any given time
- Receives the majority of detainer requests statewide (July-October 2025 data)
- 3 National Guard members assigned to process ICE paperwork in Sioux Falls (August 2025)
Courthouse Arrest Controversy (June 2025)
ICE agents arrested a subpoenaed defense witness at the Minnehaha County Courthouse in June 2025, causing a mistrial in an aggravated assault case. The arrest occurred in view of jurors and in front of the witness’s wife and infant daughter. The Public Defender’s Office alleged the actions “directly undermined the defendant’s constitutional right to a fair trial.”
Pipeline Position
Minnehaha County Jail serves as the intake/processing point in SD’s detention pipeline:
- ICE arrest or state trooper handoff
- Minnehaha County Jail (72-hour hold)
- Transfer to ICE facility (likely Freeborn County MN or Sherburne County MN)