South Dakota Immigration Laws
Immigration law is primarily federal, but South Dakota takes a cooperation-oriented approach toward federal immigration enforcement. The state does not issue driver's licenses to undocumented immigrants, does not offer in-state tuition regardless of immigration status, and does not have sanctuary city policies. South Dakota does not currently mandate E-Verify for employers, though legislation has been introduced.
Last verified: 2026-02-26
Key South Dakota Statutes
South Dakota has introduced legislation to prohibit the state and its political subdivisions from adopting policies that limit cooperation between local law enforcement and federal immigration authorities. The state has no sanctuary cities.
South Dakota does not issue driver's licenses to undocumented immigrants. Applicants must provide proof of U.S. citizenship or lawful immigration status. DACA recipients with valid work permits are eligible for driver's licenses.
South Dakota does not extend in-state tuition to undocumented immigrants or DACA recipients. The state has not introduced legislation to extend or deny such access.
South Dakota does not currently mandate E-Verify for employers. Legislation (HB 1209) has been introduced to require all employers to use E-Verify, with fines up to $2,000 per violation.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at South Dakota Legislature. For advice about your specific situation, consult a licensed attorney.
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