SAFE Driving Laws Act
The SAFE Driving Laws Act would condition federal highway funding on whether states prohibit issuing driver licenses to individuals who lack proof of United States citizenship or lawful permanent residence (LPR) and whether states allow sharing immigration enforcement information with federal authorities. Beginning in FY2027, states that do not meet these requirements would have 50% of their apportioned highway funds withheld. The bill requires states to pass laws prohibiting issuance of licenses to non-citizens/LPRs and to permit sharing immigration enforcement information with the Department of Homeland Security (DHS). It also directs the federal transportation and homeland security departments to maintain a public database showing each state’s compliance status. The term “immigration enforcement information” is defined to include citizenship/immigration status and the date/time/location of any release from detention.
Key Points
- 1Withholding of funds: 50% of the amount apportioned to a state for highway programs would be withheld if the state is not in compliance on the first day of the fiscal year, starting with FY2027.
- 2State compliance requirements:
- 3- (1) The state must have a law prohibiting issuance of driver licenses (including commercial licenses) to individuals who do not have proof of United States citizenship or lawful permanent residence.
- 4- (2) The state may not prohibit or restrict local or state government entities from collecting or sending immigration enforcement information to DHS.
- 5Public compliance database: The Secretaries of Transportation and Homeland Security must determine each state’s compliance and keep a publicly accessible database showing each state’s status.
- 6Definition of immigration enforcement information: Information relating to a person’s citizenship or immigration status, and the date/time/location of any release from detention, jail, or prison.
- 7Conforming amendment: Adds a new section to the analysis for chapter 1 of title 23 to reflect the issuance policy requirement.