SAFE Driving Laws Act
The SAFE Driving Laws Act would condition a portion of federal highway funds on whether states restrict driver’s license issuance to individuals who can prove citizenship or lawful permanent residence (LPR) and whether they allow sharing immigration enforcement information with federal authorities. Specifically, starting in fiscal year 2027, states that do not have a law prohibiting licenses for people without proof of citizenship or LPR, or that otherwise block local or state entities from collecting or sharing immigration enforcement information with the Department of Homeland Security (DHS), would see 50 percent of their Highway Trust Fund allocations withheld. The bill also requires the Transportation Department (DOT) and DHS to maintain a public compliance database and defines what counts as immigration enforcement information. In short, it links highway funding to state immigration licensing policies and information-sharing practices.
Key Points
- 1Withholding of funds: The Secretary of Transportation would withhold 50% of a state’s apportioned highway funds on the first day of each fiscal year beginning in FY 2027 if the state is not in compliance.
- 2Compliance requirements for states: To be compliant, a state must (1) have a law prohibiting the issuance of driver’s licenses to individuals lacking proof of United States citizenship or lawful permanent residence, and (2) may not prohibit or restrict local or state government entities from collecting or sharing immigration enforcement information with DHS.
- 3Public compliance database: The Secretaries of Transportation and Homeland Security must determine each state’s compliance status and maintain a publicly accessible database showing compliance for each state.
- 4Definition of immigration enforcement information: Includes information about a person’s citizenship/immigration status and the date, time, and location of any release from detention, jail, or prison.
- 5Conforming amendment: The bill adds an analysis entry to the U.S. Code for “Issuance of drivers licenses to individuals who do not have proof of citizenship or lawful permanent residence.”