Model State Statute for Department of Motor Vehicles: State Eligibility Requirement for Driver’s Licenses and Identification Cards

Model State Statute for Department of Motor Vehicles: State Eligibility Requirement for Driver’s Licenses and Identification Cards

Feb 10th, 2025 1 min read

Section 1. The Department of Motor Vehicles may not issue a motor vehicle beginner’s permit or driver’s license, or renew a license, to any individual unless that individual is a citizen of the United States, a U.S. national, a lawful permanent resident, has a valid U.S. visa issued by a federal agency, or is a legal alien who has been granted refugee or granted asylum status by the U.S. Department of Homeland Security.

Section 2. A beginner’s permit or driver’s license issued to an individual described in Section 1 shall expire on the date required by [state] law for all motor vehicle licenses or on the date on which the alien’s authorized period of lawful status in the United States has expired, whichever occurs first, subject to renewal for aliens who remain lawfully admitted if otherwise eligible under state law.

Section 3. Each beginner’s permit or driver’s license issued to a noncitizen shall display the word “NONCITIZEN” on the front in typeface that is plainly visible and in a size identical to that of the motor vehicle license number.

Section 4. All non-motor vehicle identification cards issued by the Department of Motor Vehicles to a noncitizen shall display the word “NONCITIZEN” on the front in typeface that is plainly visible and in a size identical to that of the identification number. No such identification card shall be issued to an alien unless that alien is a lawful permanent resident, has a valid U.S. visa, or has been granted refugee or granted asylum status by the U.S. Department of Homeland Security. Identification cards issued to such aliens shall expire on the date required by state law for all identification cards or on the date on which the alien’s authorized period of lawful status in the United States has expired, whichever occurs first, subject to renewal for aliens who remain lawfully admitted if otherwise eligible under state law.

Section 5. All licenses or identification cards already issued to any aliens other than aliens who are lawful permanent residents, valid U.S. visa holders, or have been granted refugee or asylum status by the U.S. Department of Homeland Security, are hereby revoked and are considered void ab initio.