South Dakota does not require private employers or most public employers to use E-Verify, leaving participation voluntary except where federal contracts impose it.
South Dakota law does not mandate E-Verify use by private employers, state agencies, or local governments at large. Unlike Arizona or Mississippi, the legislature has not passed a statewide E-Verify requirement, and SDCL Title 60 employment statutes do not address electronic work authorization verification. Federal contractors must use E-Verify under FAR Subpart 22.18, and federal grant recipients may face conditions, but those obligations stem from federal law, not state mandate. South Dakota's I-9 compliance follows standard federal IRCA rules.
There are no state penalties for failing to use E-Verify; federal IRCA penalties for unauthorized hiring apply, including civil fines and possible criminal prosecution for pattern violations.
Sioux Falls, SD
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See how Sioux Falls's e-verify mandates rules stack up against other locations.
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