South Dakota State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article outlines immigration rules and policies in South Dakota. Learn more about:

• Law enforcement and immigration in South Dakota
• South Dakota employment checks
• Driver’s license and ID requirements
• Public benefits restrictions
• Education checks and tuition costs
• Housing ordinances and immigration
• How an immigration lawyer can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in South Dakota should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in South Dakota

Local and state authorities work with federal agencies to enforce immigration laws. The Criminal Apprehension Program (CAP), implemented by Immigration and Customs Enforcement (ICE), emphasizes this collaboration. This program aims to strengthen the cooperation between federal and local agencies to maintain the nation’s security.

CAP supports ICE’s enforcement and removal operations. It arrests and removes non-U.S. citizens who threaten U.S. communities. Its focus is to identify and remove imprisoned and convicted non-U.S. citizens at federal and state levels and those at large.

Below are some of the government entities that administer immigration matters in the U.S.:

U.S. Department of Homeland Security (DHS) — DHS is the primary agency responsible for protecting the U.S. from security threats. The department has various roles. Included among them are the following:

• Management of immigration law enforcement
• Overseeing border security
• Coordination of emergency response

U.S. Citizenship and Immigration Services (USCIS) — This division of the DHS manages legal immigration. It processes and administers applications for green cards, naturalization, citizenship, visas, and other immigration benefits. It also checks foreign nationals’ lawful entry and residency in the United States.

U.S. Immigration and Customs Enforcement (ICE) — ICE also operates under the DHS umbrella. It plays a vital role in maintaining the integrity of the country’s immigration system. Its primary duties include investigations and detaining people who violate immigration laws.

U.S. Customs and Border Protection (CBP) — Another part of DHS is CBP. It works to control, manage, and secure the U.S. borders. It ensures that all goods and people moving in and out of U.S. borders comply with laws and regulations. Its two main roles are:

• Prevent illegal trafficking of contraband and people across the U.S. border
• Support lawful international travel and trade

These government entities collectively ensure the security and lawfulness of immigration operations within the U.S.

South Dakota Employment Checks

E-Verify is a centralized online system that allows employers to verify their employees’ eligibility to work in the United States. E-Verify matches an applicant’s or employee’s data with Social Security Administration and DHS records.

In South Dakota, E-Verify is voluntary. The state does not require employers to use the system when hiring employees. An exception may apply to contractors and subcontractors working with the state government.

Driver’s License and ID Requirements

Undocumented immigrants in South Dakota cannot get state identification cards or driver’s licenses. But Deferred Action for Childhood Arrivals (DACA) recipients can get an ID. To get a South Dakota driver’s license, applicants must submit:

• An identity document
• A Social Security document
• Proof of South Dakota residency

The South Dakota Department of Public Safety provides a list of acceptable documents.

Public Benefits Restrictions

Immigrants without documentation are generally not eligible to get most federal public benefits. But they can get benefits essential for protecting life and safety.

The following are some of the benefits that immigrants living here illegally may be eligible for:

• Emergency Medicaid
• Healthcare and nutrition programs for women, infants, and children (WIC)
• Emergency shelter, transitional housing, health, and life safety services
• Child Health Insurance Program

Note that states can grant or refuse public benefits to immigrants without proper documentation. These discretionary benefits include Medicaid and Temporary Assistance for Needy Families (TANF). For instance, in Texas, North Dakota, Mississippi, Montana, South Carolina, and South Dakota, immigrants have to meet the following criteria:

• Arrived in the U.S. before or after Aug. 22, 1996
• Lived in the U.S. for five years

Educational Benefits

South Dakota does not expand its access to in-state tuition to immigrants living in the U.S. illegally. But the South Dakota Board of Regents indicated that refugees may be eligible for in-state tuition. They must meet specific residency requirements.

Housing Ordinances and Immigration

In 1973, the South Dakota legislature created South Dakota Housing. Its mission is to give people affordable housing in the state.

The Fair Housing Act of 1968 also protects housing rights. The Act makes any form of discrimination in housing illegal.

Immigration Issue in South Dakota? Get Legal Advice

Dealing with immigration on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues.

An experienced immigration lawyer can help you with several immigration issues, including:

• Facing a possible deportation or removal
• Applying for a green card or legal permanent resident status
• Advocating for a family member who has been detained
• Working through the naturalization process
• Applying for visas for you and your family
• Appearing before an immigration court
• Navigating communications with U.S. Citizenship and Immigration Services (USCIS) 

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in South 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.

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.

Immigration in South Dakota: Related Resources

South Dakota has several nonprofit organizations and assistance programs for immigrants. Available legal services may range from an adjustment of immigration status to legal help for victims of domestic violence and human trafficking. 

• South Dakota Voices for Peace: This organization offers free immigration services. It focuses on low-income migrants, unaccompanied children, and victims of domestic violence.
• LSS-SD Center for New Americans: This organization provides services to refugees or nonimmigrants. It helps eligible noncitizens with resettlement case management and family member reunification applications.
• Sisters of the Presentation of the Blessed Virgin Mary: This faith-based organization offers various educational and social immigration services. It helps Hispanic immigrant communities in Sioux Falls.
• American Immigration Council: Find statistical data on immigrant communities in South Dakota.