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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

No Sanctuary PoliciesSB 7 (2025 Session)

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.

Driver's License RequirementsSDCL § 32-12-17

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.

No In-State Tuition for Undocumented StudentsSouth Dakota Board of Regents Policy

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.

E-Verify (Not Currently Mandatory)HB 1209 (2025 Session)

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 page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Dakota.

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