Immigration law in the United States generally includes the rights and obligations of persons who are not U.S. citizens to temporarily visit or more permanently reside in the U.S.—and for federal and state governments to enforce immigration laws regarding visitors and residents.
Most immigration law consists of federal statutes and regulations—but many state laws impact both legal and illegal immigrants—including employment checks, E-Verify, law enforcement, driver's license requirements, public benefits restrictions, and more.
In South Dakota, as in all states, immigration law is primarily governed by federal statutes and regulations, as immigration is a matter under the jurisdiction of the federal government. This includes laws pertaining to visas, green cards, asylum, deportation, and citizenship. State laws in South Dakota may impact immigrants in various ways, such as through employment verification requirements. Employers in South Dakota may use the federal E-Verify system to check the work authorization status of employees. Law enforcement in the state may also cooperate with federal immigration authorities in certain circumstances. Additionally, South Dakota has regulations regarding the issuance of driver's licenses and state identification cards to immigrants, which may require proof of lawful presence in the United States. Access to public benefits for immigrants in South Dakota may be restricted based on immigration status, with certain benefits only available to legal residents or citizens.