North Dakota State Immigration Laws

Immigration laws may apply differently in each case, and states may have varying rules and regulations. Still, knowing your rights under this law is essential regardless of your immigration status.

This article discusses:

• Law Enforcement and Immigration in North Dakota
• North Dakota employment verification requirements
• Driver’s license/ID requirements
• Public benefits restrictions
• Restrictions on education benefits
• Housing ordinance and immigration
• Related resources
• Hiring an immigration attorney

Immigration rules and enforcement practices can vary and are constantly evolving. Immigrants in North Dakota may benefit from speaking with an immigration attorney to understand available protections and services.

Law Enforcement and Immigration in North Dakota

The U.S. government in Washington, D.C., has departments and agencies that oversee the enforcement of immigration laws. Below is a list of these government agencies:

• U.S. Department of Homeland Security (DHS)
• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Immigration and Customs Enforcement (ICE)
• U.S. Customs and Border Protection (CBP)

The federal government primarily manages immigration laws. But state authorities can assist local law enforcement.

The ICE’s Criminal Apprehension Program (CAP) emphasizes this effort. The program strengthens collaboration between federal and state agencies in enforcing immigration laws.

CAP helps to arrest, identify, and remove non-U.S. citizens who pose security threats to communities in the country. It applies particularly to non-U.S. citizens who committed crimes or are at large. The goal is to strengthen public safety by removing dangerous and violent non-U.S. citizens.

In 2017, “Secure Communities” was in effect. It worked like CAP, wherein state and federal authorities worked together to enforce immigration laws. Here, the DHS shared information about arrested people with the FBI. They then looked at the immigration status of the person and decided on their removal or deportation.

But President Joe Biden revoked “Secure Communities” in January 2021. There are still programs that enforce similar initiatives.

North Dakota Employment Verification Requirements

Several states require employers to verify their employees’ employment eligibility before hiring. To help this verification effort, the DHS has E-Verify.

E-Verify is an online system that helps employers check immigrant workers’ employment eligibility. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorized E-Verify.

In North Dakota, E-Verify is optional. But employers may voluntarily use the system to verify their employees’ eligibility.

Driver’s License and ID Requirements

Immigrants without proper documentation in North Dakota may not get state identification or a driver’s license. 

Public Benefits Restrictions

In general, undocumented immigrants cannot get federal public benefits. But several exceptions may apply to this rule. This is particularly true for those necessary to safeguard the immigrants’ health care and safety. Some of the benefits available to undocumented immigrants in North Dakota include:

• Child care funded by TANF and the Child Care Development Fund
• Nutrition Program for Women, Infants, and Children (WIC)
• Emergency Medicaid
• Emergency shelter, transitional housing
• Federal Emergency Management Agency

Please note that access to public benefits may differ depending on a person’s immigration status. Visit this detailed chart by American University for more information. 

Restrictions on Educational Benefits

North Dakota only gives students with proper documentation access to in-state tuition rates. The state makes this educational benefit exclusive to U.S. citizens and lawful permanent residents.

An exception applies to those with refugee status. Those with this status can also be U.S. residents when applying for state tuition purposes. So, refugees may pay in-state tuition rates. But, refugees should have endorsed visas.

Deferred Action for Childhood Arrivals (DACA) recipients may also be eligible for in-state tuition rates.

Housing Ordinances and Immigration

The North Dakota Housing Discrimination Act of 1999 (NDHDA) works like the Fair Housing Act (FHA). These acts protect rights to fair housing. The federal FHA also prohibits discrimination against fair housing based on the following:

• Race
• Color
• Religion
• National origin

The NDHDA expanded this list and added age, public assistance, gender, marriage, and status as a victim of domestic violence.

How To Find Legal Advice from an ND Immigration Attorney

Immigration laws may vary by state. For instance, immigrants without proper documentation in New York, Maryland, and Minnesota can qualify for in-state tuition. But the same rule does not apply to immigrants living in North Dakota illegally.

To learn more about your rights under immigration law, seek legal help from an immigration lawyer. They can give legal information that applies particularly to your case. Some of the services that lawyers provide are:

• Application for lawful permanent residency or green card
• Change of status, naturalization, or U.S. citizenship
• Petitioning family members to the U.S.
• Legal representation in immigration court
• Other matters related to immigration laws

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in North Dakota. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Immigration in North Dakota:  Related Resources

Various nonprofit organizations and legal resources are available to immigrants in North Dakota:

• Lutheran Social Services of North Dakota — It offers a wide range of social services to immigrants and refugees in the state. Its legal services include adjustment of status, naturalization or U.S. citizenship application, and referrals to other non-legal services.
• North Dakota Human Rights Coalition — This coalition of organizations and people in North Dakota interested in furthering human rights. It also supports advocacy for the rights of refugees and immigrants.
• American Civil Liberties Union, North Dakota — The Union protects the civil liberties and civil rights of all residents in North Dakota, including immigrants. It’s in Fargo.

FindLaw offers free access to articles related to immigration law. Here, you will learn your basic rights and other details related to the immigration process.

Disclaimer: This list is not exclusive to resources and organizations that help immigrants in North Dakota.