South Dakota does not have its own EOIR immigration court. All immigration cases originating in South Dakota fall under the administrative control of the Fort Snelling Immigration Court in Minnesota - the same court that handles Iowa, Minnesota, and North Dakota cases. South Dakota has a small unauthorized immigrant population but has seen increased ICE enforcement since 2025.
This page explains which court handles South Dakota cases, how to find hearing information, and what the removal proceeding process looks like from start to finish.
Which Court Handles South Dakota Immigration Cases
Fort Snelling Immigration Court
1 Federal Drive, Suite 1850
Fort Snelling, Minnesota 55111
The Fort Snelling court covers the St. Paul DHS District Office, including sub-offices, and extends its jurisdiction to South Dakota along with Iowa, Minnesota, and North Dakota. For detained South Dakota respondents, the controlling court depends on which facility holds them. Use the EOIR Automated Case Information System at 800-898-7180 to confirm.
How Immigration Court Differs From Criminal Court
Immigration court is a civil proceeding, not a criminal one. Removal proceedings take place before an immigration judge employed by the Department of Justice through the Executive Office for Immigration Review (EOIR). The government is represented by a DHS attorney from the Office of the Principal Legal Advisor (OPLA). The person in proceedings is called the respondent.
Being in removal proceedings is not a criminal charge and does not result in a criminal sentence. The outcome is either a grant of relief that allows the person to remain in the United States in some legal status, or a removal order directing them to leave. There is no jury. There is no public defender equivalent.
The respondent has the right to be represented by an attorney at their own expense. There is no right to a government-appointed attorney in immigration court except in narrow circumstances involving serious mental competency concerns. Not having a free attorney does not mean going without legal help. Legal aid organizations and nonprofits provide free or reduced-cost representation. Resources appear at the end of this page.
A word on notario fraud: in many countries, a notario publico is a licensed legal professional. In the United States, that title has no equivalent legal standing. Notarios, immigration consultants, and non-lawyers cannot represent people in immigration court and cannot legally provide immigration advice. Verify any representative's credentials before paying. Only a licensed attorney or a DOJ-accredited representative can appear in immigration court on someone's behalf.
The Removal Proceeding: Step by Step
Step one: The Notice to Appear
A removal proceeding begins when DHS issues a Notice to Appear (NTA). This is the charging document in immigration court. It identifies the grounds for removal and directs the person to appear before an immigration court. The NTA may or may not include a hearing date when served. If it does not, a separate hearing notice will arrive by mail.
Keeping the court and DHS informed of any address change is required by law. Use Form EOIR-33 to update the court and separately notify DHS OPLA within five days of any move.
Step two: The Master Calendar Hearing
The first court appearance is a master calendar hearing. These are short administrative sessions where the immigration judge manages the case, confirms the respondent understands the charges and their rights, asks about legal representation, and sets the schedule.
At master calendar, the respondent enters a plea to the NTA charges, identifies forms of relief they intend to seek, and establishes a timeline for filing applications and evidence.
Step three: The Individual Hearing
After master calendar, the case moves to an individual hearing, also called a merits hearing. This is the full evidentiary proceeding where the respondent presents their case for relief. Common forms of relief include asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, adjustment of status, and voluntary departure.
Step four: Bond Hearings
If a respondent is detained, they may request a bond hearing before an immigration judge. A bond hearing is separate from the removal hearing. Not all detained respondents are eligible for a standard bond hearing. Those subject to mandatory detention under federal law may need to seek release through the federal courts via a habeas corpus petition.
Step five: The Decision and Appeal
After the individual hearing, the immigration judge issues a written decision. If removal is ordered, the respondent has the right to appeal to the Board of Immigration Appeals (BIA) within 30 calendar days. South Dakota falls within the Eighth Circuit Court of Appeals. A petition for review must be filed in the Eighth Circuit within 30 days of the BIA's order.
How to Find Hearing Information
EOIR Automated Case Information System: 800-898-7180 (English and Spanish; TDD: 800-828-1120). Available 24 hours a day. Online: acis.eoir.justice.gov
Fort Snelling Immigration Court (all South Dakota cases): 1 Federal Drive, Suite 1850, Fort Snelling, Minnesota 55111
If You Miss a Hearing
Missing an immigration court hearing is one of the most serious events in a removal case. If a respondent does not appear at a scheduled hearing and has been properly notified, the immigration judge will typically issue an in absentia order of removal. If a hearing has been missed, contact an immigration attorney immediately.
Legal Resources for South Dakota Respondents
Dakota Plains Legal Services - dpls.org | 605-856-4444 - Free civil legal services for low-income South Dakotans including immigration matters. Offices in Mission, Fort Thompson, Wagner, and Eagle Butte.
East River Legal Services - erlservices.org | 605-336-9230 | Sioux Falls - Free civil legal services in eastern South Dakota.
Immigrant Law Center of Minnesota (ILCM) - ilcm.org | 651-641-1011 - Serves the region including South Dakota under Fort Snelling court jurisdiction.
CLINIC Affiliates - cliniclegal.org - Catholic Legal Immigration Network accredited organizations in South Dakota. Search by ZIP code.
EOIR Free Legal Services List - justice.gov/eoir/free-legal-services-providers - Lists attorneys and organizations for the Fort Snelling Immigration Court.
This page provides factual information about the immigration court process as it applies to South Dakota. It is not legal advice. Information reflects conditions as of June 2026.
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