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South Dakota Policy

Updated As Of: April 10, 2017

The state of South Dakota has not passed a bill that would allow or deny in-state tuition for undocumented students.
  • South Dakota has yet to propose a bill that would provide undocumented students with in-state tuition.
  • SB 17 was enacted in March 2009, limiting driver's license and nondriver identification cards to those holding lawful status or citizenship in the United States.
  • In January 2011, South Dakota legislature introduced but did not pass HB 1199 and HB 1198, based on Arizona’s anti-immigration SB 1070.
  • SB 189 was enacted in March 2012, requiring that an operator's license or instruction permit bear an indication that the license is temporary or limited term if the holder has temporary lawful status in the United States.
  • HCR 1015 was adopted in February 2012. This resolution urges the federal government to secure national borders and enforce all immigration laws, including the laws directed at employers who knowingly hire illegal immigrants or subject them to substandard wages and work conditions. 


Federal law has been unsuccessful at addressing comprehensive access to postsecondary education for undocumented students. Despite efforts to pass the DREAM Act and comprehensive immigration reform, Congress has not addressed the current ambiguous language in IIRIRA regarding undocumented students' eligibility for educational benefits (i.e. in-state tuition and state-funded financial aid programs). Therefore, much of the policy activity regarding postsecondary access for undocumented students has shifted to state and system levels. As a result, state policymakers and higher education institutions take varied approaches to either broadening or restricting access to postsecondary education and educational benefits. Others states have yet to take formal action on this issue, leaving the decision to individual campus leaders.

Under the provisions of this ambiguous policy context, undocumented youth encounter contentious environments with policies that range from inclusive, restrictive, or unstipulated stances.

Inclusive: States with policies that explicitly grant in-state tuition and/or eligibility for public financial aid for undocumented students.

Restrictive: States with policies that explicitly deny eligibility for admission and/or in-state tuition for undocumented students.

Unstipulated: States that do not have stated policies that explicitly address undocumented student access to postsecondary education.

State and system policies are volatile and continuously changing. For the latest, please visit the uLEAD NewsdeskFor information specific to individual state context, click in the subheadings below.