Skip to main content

South Dakota law

Immigration Laws in South Dakota.

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

State law

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.

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 South Dakota.

Also in the directory

Browse attorneys for this issue in South Dakota.

Browse Immigration attorneys

More in South Dakota

Other state law topics.

Personal Injury Laws·Criminal Defense Laws·Family Laws·Employment Laws·Bankruptcy Laws·Medical Malpractice Laws·Workers' Compensation Laws·Social Security Disability Laws·Wrongful Death Laws·Product Liability Laws·Long-Term Disability & ERISA Laws·Estate Planning Laws·Probate Laws·Real Estate Laws·Landlord & Tenant Laws·Business Laws·Intellectual Property Laws·Tax Laws·Elder Laws·Nursing Home Abuse & Neglect Laws·Civil Rights Laws·Domestic Violence Laws·Veterans Legal Services Laws·Healthcare & Benefits Laws·Construction Defect Laws·Insurance Disputes Laws·Premises Liability Laws·Commercial Litigation Laws·Environmental Laws·Securities & Finance Laws·Municipal Laws·Administrative Laws

FlowLawyers Logo
FlowLawyersAccess to Justice

Browse the legal platform.

Browse attorneys by state and practice area, explore legal aid resources, and access state law and legal education in one place.

Attorney Advertising Disclosure

ATTORNEY ADVERTISING. FlowLegal Partners LLC is an attorney directory and advertising platform dedicated to improving access to legal representation across the United States. We are not a law firm and do not operate as a lawyer referral service. We do not practice law, evaluate legal matters, provide legal advice, make legal judgments, or recommend or endorse any specific attorney. AI-generated work product requires attorney review and approval before use. Attorney supervision of all AI output is required and is the sole responsibility of the subscribing firm. Attorneys may pay for enhanced directory listings and advertising placement. The presence of an attorney on our platform does not constitute an endorsement or recommendation. Prior results do not guarantee a similar outcome.

© 2025–2026 FlowLegal Partners LLC