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North Dakota law

Immigration Laws in North Dakota.

Immigration law is primarily federal, but North Dakota has taken an enforcement-oriented approach at the state level. The state enacted an anti-sanctuary law in 2023 prohibiting local governments from limiting cooperation with federal immigration authorities. North Dakota does not issue driver's licenses to undocumented immigrants and does not offer in-state tuition regardless of immigration status. E-Verify is mandatory for state contracts over $50,000.

Last verified: 2026-02-26

State law

Key North Dakota Statutes

North Dakota prohibits the state and its political subdivisions from establishing sanctuary policies that limit cooperation with federal immigration authorities. Local governments may not enact policies that hinder immigration enforcement.

E-Verify Requirements for State ContractsN.D. Cent. Code § 54-44.4

E-Verify is mandatory for all employers with state contracts exceeding $50,000 or that receive state loans, grants, or incentives exceeding $50,000. All public employers must use E-Verify for new hires. Private employers without state contracts are not required to use E-Verify.

Driver's License RequirementsN.D. Cent. Code § 39-06-01 et seq.

North Dakota requires proof of lawful immigration status to obtain a driver's license or state identification card. Undocumented immigrants are not eligible. DACA recipients may obtain a driver's license.

No In-State Tuition PolicyNo specific statute

North Dakota does not have a policy providing in-state tuition or state financial aid access to undocumented or DACA students. Standard residency requirements apply for tuition purposes.

Office of Legal ImmigrationN.D. Cent. Code § 54-60 (Commerce Department)

North Dakota established an Office of Legal Immigration within the Department of Commerce to help attract and retain legal immigrants to address workforce needs in the state.

State law

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 North Dakota.

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