Guiding Principles for Driver's License Reforms

Guiding Principles & Essential Reforms

The 19 hijackers responsible for the 9/11 terrorist attacks entered the United States on visitor or student visas. At least two of them were illegal aliens who had violated the terms of their visas illegally obtained licenses from more than one state. Most, if not all, of the terrorists carried valid state-issued drivers licenses and/or identification cards. Some illegally obtained licenses from more than one state.

Today the 50 states still do not verify the identity or legal status of applicants sufficiently to guarantee that the bearer is the person described on the license. Under the circumstances, identification of a terrorist, even one named on a “watch list,” remains exceedingly difficult. Against this background, the current population of illegal aliens in the United States totals an estimated 8-11 million. This population is increasing by an estimated 350,000 to 500,000 aliens each year.

State issued driver’s licenses and identification cards are the breeder documents most prized by both terrorists and illegal aliens, because they permit access to all the things needed to render them essentially invisible to local and federal law enforcement officials. Possession of a driver’s license or identification card makes it easy to open bank accounts, obtain housing, gain employment, access transportation (including commercial aircraft and rental vehicles), and even to register to vote.

Clearly the states have a critical role to play in protecting homeland security. The individual states must take steps to prevent our continuing vulnerability to terrorism by barring the issuance of driver’s licenses to short-term foreign visitors (180 days or less) and all illegal aliens. The following principles should guide the development of state legislation to tighten access and strengthen verifiability of state-issued driver’s licenses and identification cards. The attached document, State Model Driver’s License Bill; Basic Ingredients, provides the specific reforms that are most needed.

Guiding Principles

Illegal aliens are ineligible for driver’s licenses issued to state residents, because they are barred by federal law from establishing legal domicile in any state.
Licenses issued to eligible foreign nationals should expire no later than the expiration date of their legal permission to be in the United States and bear a marking indicating alien status.
Short-term foreign visitors to the United States (180 days or less) have no justifiable need for a state-issued driver’s license since they may drive and rent vehicles using their foreign licenses.
Driver’s licenses should be tamper-resistant, machine-readable, and contain verifiable biometric information such as thumb print(s) in order to facilitate verifiability and to prevent misrepresentation and document fraud.
Social Security numbers and alien identification numbers should be verified with appropriate federal authorities prior to issuance of any driver’s license in order to prevent misrepresentation and document fraud.

Essential Reforms

Issuing Jurisdiction, Security, Standards, Verification

Issuing Jurisdiction—

Document Security—All driver’s licenses and identification documents shall be machine-readable and contain the bearer’s name and date of birth. The license must display a machine-readable photo and thumbprint. The best available technology should be employed for machine readability to minimize the risk of fraud and counterfeiting.
Minimum Driver’s License Standards—All illegal aliens shall be barred from access to DLIA-issued driver’s licenses and identification cards. Under federal law, illegal aliens are barred from forming the requisite legal intent to establish state domicile or residency under state law. The DLIA licensing process should at least meet any minimum standards established by federal authority.
Interstate Reciprocity Agreements—For purposes of requiring documentation and eligibility verification to replace out-of-state licenses with in-state licenses for new residents of the state, the DLIA shall enter into license reciprocity agreements only with states whose licenses meet minimum standards.
Verification of Social Security Number—Absent federal action to regulate driver’s license issuance to nonimmigrants, no license shall be issued to a citizen or legal permanent resident unless the DLIA first verifies the validity of the Social Security Number presented by the applicant with the Social Security Administration. No license shall be issued to a legal permanent resident unless the DLIA first verifies the alien’s legal immigrant status with the appropriate federal immigration authorities.
U.S. Citizen or U.S. National Applicant Documents Required—In order to obtain an initial state driver’s license or identification document, U.S. citizens must provide to the issuing agency a verifiable Social Security number and either a birth certificate, U.S. passport, U.S. Certificate of Citizenship or a Certificate of Naturalization. In addition, applicants shall provide documented proof of state residency, excluding attestations and affidavits. The definition of state residency will exclude illegal aliens and nonimmigrant short-term visitors (180 days or less).

Immigrant and Nonimmigrant Driver’s License Application Requirements

Documents Required for Legal Permanent Resident Alien (LPR) Applicants—

Nonimmigrants are Ineligible for State Identification Documents—LPRs may be issued a license or state identification card after verification of the Alien Registration Card (I-551). All other aliens shall be barred from obtaining a state identification card (non-citizens legally present in the United States already possess valid identification documents issued by the appropriate federal immigration authorities), but they may be issued a driver’s license as long as their authorized stay in the United States is 180 days or more.
Nonimmigrant Driver’s License Issuance Limitation—Nonimmigrants shall not be eligible for a driver’s license unless they meet the minimum residency requirements prescribed by the governing DLIA.
Verification of Documents for Nonimmigrant Driver’s License Applicants—All alien identification documents presented at the time of a nonimmigrant’s application for a driver’s license shall be verified with the appropriate federal immigration authorities. Social Security Numbers supplied at the time of application by legal permanent residents shall be verified with the Social Security Administration.
Nonimmigrant Driver’s License Notation of Status—The driver’s license issued to a nonimmigrant shall clearly indicate the license is issued to a nonimmigrant and is limited to the authorized period of stay in the United States.
Nonimmigrant Driver’s License Applicant Documents Required—Nonimmigrant driver’s license applicants must present a machine-readable passport (as soon as it is required for admission pursuant to federal law), a valid immigration admission document, and proof of state residency. Attestations and affidavits shall not be acceptable as proof of residency.
Nonimmigrant Driver’s License Application Sites—Non-citizen applicants may apply only by appointment at designated licensing offices staffed by supervisory personnel trained in document inspection to prevent use of fraudulent or counterfeit documents.
LPR and Nonimmigrant Resident Driver’s License Application Document Exclusion—The application form for non-citizens shall exclude Motor Voter registration application materials consistent with minimum federal standards.
Nonimmigrant Driver’s License Issuance Procedure—Licenses issued to non-citizens shall be mailed to their actual residence and posted with the notation “Do Not Forward.” Any license returned as non-deliverable shall be rendered null and void by the DLIA. No such license may be issued to the applicant on-site. The DLIA shall monitor for use of “addresses of convenience” and/or “mail drops” and cooperate with federal law enforcement in investigating and prosecuting persons conspiring and providing such services to facilitate document fraud.
Interstate Cooperation and Information Sharing—Licenses shall not be issued without first ensuring that the applicant does not possess a license from another DLIA.

Effective Date of Reform

These provisions shall take effect from date of enactment and apply to all applications for new licenses, first renewals in the same state, and first renewals in another state in the event that the applicant has changed residence.

Updated 4/03

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