The Red Light Act would withhold all federal highway funds allocated to a state that permits issuing driver's licenses or other identification cards to aliens who are unlawfully present in the United States. Specifically, for each fiscal year, the Secretary of Transportation would withhold 100% of the amounts apportioned to such a state under certain core highway funding programs. The withholding would stay in place for that fiscal year, but could be reapportioned if the state repeals the relevant laws. If a state keeps its laws in place, the withheld funds would be distributed to other states that have not enacted such laws. If the state later repeals the law or enacts it again, the withholding would adjust accordingly in future years. The bill defines "identification card" as a state-issued personal identification card, including driver’s licenses, defined in federal law. In short, the bill uses federal highway funding as a lever to discourage states from issuing driver’s licenses or IDs to undocumented immigrants.
Key Points
- 1Withholding mechanism: The Secretary must withhold 100% of the apportioned federal highway funds (under specific 23 U.S.C. funding categories) from any state that authorizes driver’s licenses or ID cards for unlawfully present aliens.
- 2Scope of funds: The withholding targets apportionments under 23 U.S.C. sections 104(b)(1), 104(b)(3), and 104(b)(4).
- 3Conditions for repeal/reapportionment: If a state repeals the relevant law, withheld funds can be reapportioned to that state; if not repealed by year’s end, the withheld funds are distributed pro rata to other non-compliant states.
- 4Future-year application: If a state enacts such a law after reapportionment, withholding resumes in the following fiscal year.
- 5Definition: “Identification card” includes state-issued personal identification cards, as defined in 18 U.S.C. § 1028(d).