North Dakota ties local government aid to immigration policy compliance

The attorney general must direct the state treasurer to withhold a local government's share of the state aid distribution fund. The funding penalty applies to local governments. Withholding follows an attorney general finding that the local government has a prohibited immigration policy. The law directs payment of withheld money after compliance, but it also allows fund money to go to other compliant local governments using existing distribution methods. Money in the fund is available to the state treasurer on an ongoing basis without a separate spending approval each time. The attorney general must order withholding within 30 days after the local government receives the finding and must order it stopped when sufficient evidence shows compliance.

Covered public bodies and their employees and agents may not adopt or carry out prohibited immigration policies, formally or informally. The restrictions cover the state, local governments, colleges supervised by the state board of higher education, and their employees and agents. Policies cannot restrict people from communicating or cooperating with federal officials to verify or report immigration status, or violate the cited federal immigration-information law. Policies cannot restrict or place conditions on state or local government cooperation with United States Immigration and Customs Enforcement to hold or transfer people unlawfully present in the country. Policies cannot grant lawful presence or status locally to people unlawfully present in the country, or prevent local law enforcement officers from asking people in custody about citizenship or immigration status. A policy, order, or ordinance that violates these rules has no legal effect.

The attorney general may investigate an individual's complaint and must issue a written finding when a local government violates the law. Individuals may submit complaints. The required findings and response process apply to local governments. The written finding must identify the prohibited policy and explain the facts supporting the finding. A local government may appeal to district court or show the attorney general that the policy is no longer in effect. If the evidence is sufficient, the attorney general must issue a second written finding confirming that the prohibited policy is no longer in effect. The 30-day response period starts when the local government receives the attorney general's written finding.