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Can States Regulate Immigration? Part 4
An update on the New York State driver license controversy

4 Nov 2007 in Regulatory Economics, Regulatory Policy, Legislation

We recently posted times on various States' efforts to indirectly regulate immigration by supplementing federal immigration law (e.g., Oklahoma), or alternatively, to refuse to leverage State or local resources to enforce these laws (e.g., Illinois). We also looked at New York Governor Spitzer's September change in driver license policy that enabled illegal aliens to obtain valid driver licenses. We concluded that, whatever its merits as a policy, this did not appear to be a significant change from current practice because New York State's proof of identity standards would remain unchanged.

Spitzer's policy change stirred considerable controversy, so we went back to examine the issue in greater detail. Recently, Spitzer revised New York State driver license policy in a very significant way, and a comparison of the two policies reveals much more about how New York is addressing immigration issues.

To recap, in September Spitzer directed the State's Department of Motor Vehicles to allow illegal aliens to obtain driver licenses by eliminating the requirement that applicants prove lawful U.S. presence. This requirement is a crucial element of the federal REAL ID Act, which States must implement in full by 2012. The REAL ID Act is actively opposed by various interest groups and some States, with State opponents complaining about the cost of compliance.

New York Daily News columnist and CUNY law professor Allen Wernick (a supporter of the policy change) stated in an October 11 commentary that, although applicants would no no longer be required to have a valid Social Security number, they would have to prove their identity with a foreign passport:

The main change from current policy is that applicants without a Social Security card will be able to get a license by presenting a valid passport. The DMV says it will use new scanning technology to verify the passport's validity.

Having to show a valid foreign passport should achieve proof of identity with a very high level of confidence. Based on that stated fact we drew a plausible inference: "Few illegal immigrants have valid passports, so under Wernick's interpretation New York State's regulatory change is minor."

NEW YORK STATE'S CURRENT LAX REQUIREMENT FOR PROOF OF IDENTITY

Current NYS driver license procedures are published on the Department of Motor vehicles website.

• An applicant seeking a new NYS license or learner permit must show identity documents that add up to "six points," plus show "proof of date of birth and your Social Security Card," with an important exception. applicants "not eligible for a Social Security Card" must provide proof of ineligibility from the Social Security Administration and "the U.S. Citizenship and Immigration Services (USCIS) documents that the SSA used to determine that you are not eligible."
• An applicant seeking to renew a valid NYS license or learner permit "must only show proof of identity that equals a value of six points," and no proof of identity or Social Security Card is required. Thus, license renewals implicitly include proof of identity only if proof of identity was shown to obtain the original license.

Only new applicants must either produce a valid Social Security Card or prove that they are ineligible to obtain one, which since 2006 requires proof of citizenship or lawful U.S. presence to obtain. It is this requirement that Spitzer's proposed inferior-form driver license is intended to overcome. An illegal alien who already possesses a valid NYS driver license need only meet the same "6 point" test of identity that applies to a new license applicant in order to renew it. But all other illegal aliens, especially new ones, cannot obtain legal driver licenses in New York. This means many illegal aliens are operating motor vehicles without valid NYS driver licenses.

What does it take to satisfy the "6 point" proof of identity test? Any combination of the following is sufficient:

• A valid NYS driver license (6 points)
• A State authorized proof of identity form (4 points)
• A U.S. Passport (4 points)
• Lesser amounts (2-3 points) for a long list of other forms of identity

Note that NYS considers its own driver license to be much stronger proof of identity than the single document that national governments worldwide, including the U.S. Department of State, consider necessary and sufficient: a passport.

Under the NYS point system, any four of the following documents (each worth 1 point) combined are equivalent to a U.S. Passport as proof of identity:

1. A computer-printed pay stub or employee ID card issued in the US that shows your name.
2. A high school diploma or GED (General Education Diploma) issued in the US.
3. A supermarket check-cashing card issued in the US with your name pre-printed and your signature.
4. A union card issued in the US.
5. A health insurance card or a medical prescription card issued in the US.
6. A life insurance policy issued in the US and in effect for at least two years.
7. A utility bill issued in the US.
8. A Veterans Universal Access Photo ID Card.
9. A W-2 form.
10. A bank statement, cancelled [sic] check (which displays your pre-printed name), an ATM card or a debit card (which displays your pre-printed name and your signature), or a valid major US credit card.

Note that proof of identity is not required to obtain many of these documents.

Any pair of the following documents (each worth 2 points) is equivalent to a U.S. Passport as proof of identity:

1. A pistol permit issued by NYS or NYC.
2. A professional license issued by NYS.
3. A photo driver license issued by another state, jurisdiction or possession of the US, or issued by a province or territory of Canada. The driver license must be valid or expired less than one year.
4. A US Social Security card that shows your signature.
5. A NYS registration document for a vehicle or a boat only.
6. A NYS title certificate.
7. A Military Dependent ID Card.
8. A welfare card, a Medicaid card, or a NYS Food Stamp Card without a photo.
9. A US marriage document, a US divorce document, or a court-issued name change document.
10. A US college photo ID card and an academic transcript.
11. A NYS interim driver license or a computer-generated learner permit, without a photo.
12. A US high school ID card and a report card.
13. A valid Saint Regis Mohawk Tribe ID card.
14. A valid Saint Regis Mohawk Tribe ID card and a Canadian birth certificate

This is an eclectic mix. Several items in this list do not require proof of identity, citizenship or lawful U.S. presence (e.g., welfare, Medicaid, Food Stamp cards, college or high school ID cards); some might be highly reliable, depending on their vintage (such as a signed Social Security card); and others are very difficult for anyone to obtain (e.g., NYS or NYC pistol permits).

For the record, to obtain a U.S. Passport, the State Department requires either of the following as proof of identity:

1. Previous U.S. Passport that is not mutilated, altered, or damaged.
2. Certified birth certificate issued by the city, county or state.

Naturalized citizens must present proof of citizenship to obtain a U.S. Passport.

To be eligible for a REAL ID Act-compliant driver license, an applicant must prove identity (Sec. 202(c)(1)) and lawful U.S. presence (Sec 202(c)(2)(B)). Moreover, the state "shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented" (Sec. 202(c)(3)). New York State's current driver license regime does not comply with these requirements. Thus, the change proposed by Spitzer is, as we said in our earlier post, not a material change from the status quo, but for reasons very different than we cited. The proposed change relaxes an already weak identity verification regime. The inferior-form driver license will implicitly become a material change only after New York implements the REAL ID Act.

THE SEPTEMBER DRIVER LICENSE POLICY CHANGE

On September 21, Governor Spitzer announced a policy change that would eliminate the requirement to prove lawful U.S. presence. Although Wernick said in his commentary that a foreign passport would be required as proof of identity, Spitzer's press release included no mention of that requirement.

The policy only rescinded the existing requirement that applicants for new driver licenses who lack Social Security cards provide proof of ineligibility from the Social Security Administration and the U.S. Citizenship and Immigration Services documents that the SSA used to determine ineligibility. These requirements appear to have effectively prevented illegal aliens from obtaining NYS driver licenses, with the consequence that illegal aliens continue to drive but without driver licenses.

The policy change provoked significant controversy, culminating in a testy exchange at the October 30th Democrat presidential candidate debate concerning both whether Spitzer's policy was a good one and the propriety of issuing driver licenses to illegal aliens.

This exchange occurred three days after an agreement had been reached between Spitzer and the Department of Homeland Security (DHS) in which Spitzer announced a major reversal from his September policy. The differences between the September and October policies were not highlighted during the candidates' debate.

THE OCTOBER DRIVER LICENSE POLICY CHANGE

On October 27, Spitzer and DHS Secretary Chertoff appeared jointly to announce this agreement. According to the governor's press release, the agreement ensures "New York’s licensing system will be in near compliance with the anticipated final regulations" that DHS will soon issue implementing the Real ID Act. The press release states:

New York State will continue to move forward with its plan to license undocumented immigrants, but will now implement that policy in tandem with the implementation of modified REAL ID regulations. When combined with the anti-fraud security measures DMV has already announced, according to DHS Secretary Chertoff, “These techniques will make New York licenses among the most secure in the country.”

...

The New York State license will continue to be available to both undocumented immigrants and lawful residents who simply choose not to purchase one of the federally-approved licenses, either because they already have a passport (35% of New Yorkers do), don’t want to pay an extra fee for one of these new federal licenses, or cannot meet the extra requirements necessary to get them. The state-approved license will simply say “not for U.S. government purposes.”

The Spitzer press release indicates that the October policy calls for three different NYS driver licenses:

1. A superior-form license that complies with the REAL ID Act.
2. An "enhanced" license sufficient for use in lieu of a U.S. Passport to cross the Canadian border, known in government-speak as a Western Hemisphere Transportation Initiative (WHTI) license.
3. An inferior-form license not suitable for federal identification purposes that could be obtained by illegal aliens.

The inferior-form driver license incorporates the changes Spitzer announced in September. It will provide limited proof of identity because it relies on the same list of documents -- and apparently the same six-point scoring system -- that applies to existing NYS driver licenses, and it will not require proof of lawful U.S. presence.

The DHS press release on the same event contains a transcript of Chertoff's remarks rather than just the selected portions in Spitzer's press release. The transcript shows that Chertoff distanced himself from Spitzer's proposed inferior-form driver license for illegal aliens:

Now, REAL ID and WHTI licenses are quite obviously not available to people illegally in the United States, either because of illegal entry or overstay. To the extent that New York issues a class of license that is not based on lawful presence in the United States, those licenses will not comply with REAL ID or WHTI requirements. I do not endorse giving licenses to people who are not here legally.

But federal law does allow states to make that choice. What we can do is insist that licenses that do not meet federal requirements be clearly so labeled. New York has agreed to do that. In sum, that clarification, along with implementing REAL ID and enhanced driver’s licenses, represents a major step forward for security, both for New York and for the country. Accordingly, I’m pleased to have reached this agreement.

DOES THE INFERIOR-FORM DRIVER LICENSE ACHIEVE ITS STATED PURPOSES?

The stated purpose of eliminating the need to prove lawful U.S. presence is to draw illegal aliens "out from the shadows" so that they can legally operate motor vehicles. This, it is said, will lead to fewer crashes, lower auto insurance rates, and improved homeland security. Spitzer's September press release listed these benefits:

• Safer Streets: In its report, “Unlicensed to Kill,” the AAA Foundation for Traffic Safety found that unlicensed drivers are almost five times more likely to be in a fatal crash than are validly licensed drivers.
• Lower Insurance Rates: The State Department of Insurance estimates that expanded license access will reduce the premium costs associated with uninsured motorist coverage by 34% which will save New York drivers $120 million each year. Other states with similar policies have seen their auto insurance rates drop as well.
• Safer Homeland: This policy change helps bolster homeland security by bringing more individuals into the system and, when necessary, assisting law enforcement efforts to locate those who present a real security threat.

But each of these claimed benefits is suspect because it is unsupported by data and analysis, logic, or both.

"Safer Streets"

At best, the first bullet is a statement about the status quo and not about behavior change likely to result from the September change in licensing policy. Thus, it isn't really a statement about benefits. Moreover, it incorrectly attributes to the authors of of the AAA-funded study a risk estimate cited in the report as having been produced by other researchers whose "methodology has limitations" (2002 PDF, p. 8). According to the authors, the dominant reason drivers lack valid licenses is suspension or revocation subsequent to arrest for driving while intoxicated, and alcohol largely explains the higher risk of being involved in a fatal crash.

The report mentions illegal aliens only in passing, and provides no justification for the inference that illegal aliens without driver licenses are "five times more likely to be in a fatal crash than are validly licensed drivers." Indeed, the report suggests that unlicensed drivers (except those whose licenses have been suspended or revoked for alcohol violations, are motivated to be safer drivers to avoid arrest.

If Spitzer's claim were true, one of the following conclusions becomes inescapable:

• Illegal aliens are terrible drivers who would become good drivers if only they had driver licenses.
• Illegal aliens are terrible drivers who should be denied licenses because they lack minimal competence.

It is ironic that advocates for illegal aliens who support Spitzer's September policy change implicitly agree with these conclusions.

"Lower Insurance Rates"

The second bullet credits the New York State Department of Insurance for an estimated reduction of one-third in the cost of uninsured motorist coverage resulting from the policy change. We are unable to find any such report, so the claim cannot be evaluated. We are skeptical given the precision of the estimate despite huge uncertainty about the behavioral effect of the policy change. Moreover, for a 34% decline in rates for uninsured motorist coverage to occur as a result of illegal aliens securing driver licenses, it must be the case that they have been operating vehicles without registration and insurance even though both are required under different State regulations. Vehicle owners must have a valid NYS driver license and proof of insurance to register a vehicle. It is not clear how illegal aliens are evading these requirements, or if they are, why enforcement is so lax. In any case, it's not clear why illegal aliens who are now "undocumented, unlicensed and uninsured" will be enticed to get licensed, register their unregistered vehicles, and buy insurance.

"Safer Homeland"

The third bullet implies that homeland security is strengthened when requirements for proof of identity and lawful U.S. presence requirements are relaxed rather than intensified -- an argument that, at a minimum, is counterintuitive. One can hypothesize scenarios in which it might be true. For example, homeland security might benefit if relaxed driver licensing requirements induced terrorists who also are illegal aliens to obtain driver licenses, presumably in the expectation that this would arouse less suspicion. But these benefits cannot be realized unless terrorists also choose not to use false identities to secure their driver licenses, and terrorists as a group may be the most highly motivated not to reveal their true identities.

In sum, if the purpose of licensing illegal aliens is to improve highway safety, lower insurance rates, or enhance homeland security, it is doubtful that either the September or October policies will make much difference -- except insofar as the October policy commits New York State to implement the REAL ID Act, and the REAL ID Act will, if implemented, enhance homeland security. Licensing illegal aliens cannot reduce the number of vehicle crashes; indeed, it could increase the number of crashes if more illegal aliens become drivers and they are, as a group, below-average in driving skill. It could transfer some of the cost of crashes from currently insured drivers -- $120 million per year, according to Spitzer - but only if illegal aliens respond by registering and insuring vehicles that now are unregistered and uninsured, and thus pick up the tab. We've seen no analysis suggesting that this will actually happen.

If enabling illegal aliens to obtain driver licenses will not achieve these stated benefits, what explains advocates' high level of interest?

PLAUSIBLE HIDDEN PURPOSE #1: OPPOSITION TO THE REAL ID ACT

An inferior-form driver license must appeal to illegal aliens for either the September or October policies to have any of its intended effects. Stephen Dinan (Washington Times) reports that advocates for illegal aliens who supported Spitzer's original proposal, have sharply criticized the revised one:

Immigrant-rights activists, who were encouraged by the governor's earlier announcement, yesterday said they were outraged.

"Today the governor retreated from his own policy and crossed the line to the other side," said Chung-Wha Hong, executive director of the New York Immigration Coalition.

On its website, the New York Immigration Coalition describes itself as "an umbrella policy and advocacy organization for more than 200 groups in New York State that work with immigrants and refugees." It was "founded in 1987 to mobilize the leadership of New York’s immigrant communities in response [i.e., opposition] to the Immigration Reform and Control Act of 1986."

It seems impossible to reconcile the New York Immigration Coalition's support for the September policy and opposition to the October policy if access to valid driver licenses was the intended objective. Both policies permit illegal aliens to obtain NYS driver licenses. Indeed, both policies address the stated problem that the Coalition identified: the inability of illegal aliens to obtain valid driver licenses.

Further research makes it easy to explain this apparent inconsistency. Spitzer's September policy change, which Hong supported, reversed the policy that made illegal aliens ineligible for regular NYS driver licenses. Hong identified problems caused by the existing policy and claimed that the new policy would remedy them:

The old policy undermined public safety and hindered law enforcement by creating a huge population without records or identification and denied them the ability to drive. The new policy fixes the problem by imposing tough but fair documentation standards for all applicants.

The extent to which the revised policy change can be expected to improve public safety and law enforcement is a matter of dispute, as is whether the policy change included any material strengthening of documentation standards. But it is unambiguous that both the September and October policies enable illegal aliens to legally drive. Thus, Hong's opposition to the revised policy cannot be explained by reference to any of the benefits ostensibly resulting from the policy. There must be another, and unstated, reason.

The most plausible explanation is that the October policy commits New York State to implement the REAL ID Act. The New York Immigration Coalition actively opposed the REAL ID Act before it was passed, and now advocates for its repeal (PDF). Thus, Spitzer's September policy change could have aligned New York State with the handful of other States that, at least for now, refuse to comply with REAL ID. Presumably, if enough States balk at this federal mandate, Congress would change the law. The revised policy does the opposite: it commits New York State to implement the REAL ID Act and significantly weakens the opposing coalition.

In a column published after Spitzer announced the October policy, CUNY's Allen Wernick supported the October policy and indirectly called on fellow New York State citizens to choose inferior-form licenses and thus weaken the extent to which the possession of such a license signaled unlawful U.S. presence:

Some immigrants' rights activists are concerned that the third-tier license will mark its holders as undocumented immigrants. Whether that's true depends largely on how many drivers legally in the United States opt for getting the cheaper license.

Those not traveling to Canada or who have U.S. passports for domestic travel and other federally regulated purposes may very well choose to get a third-tier license. If a substantial percentage of U.S. citizens and others lawfully here get third-tier licenses, no stigma will be attached to them.

I'll be one U.S. citizen who will be getting a third-tier license. The one that New York State will issue to undocumented immigrants. That's partly in solidarity with my undocumented friends and clients, and partly to save a few dollars I can use to buy my lady flowers or a box of chocolates.

Most importantly for a busy guy like me, I'll be able to avoid waiting in line at the Department of Motor Vehicles. That's because apparently the third-tier license will be the only one of the three renewable by mail.

Widespread adoption by New York State citizens of the inferior-form driver license might undermine support for the REAL ID Act. But it seems equally plausible that it would reduce opposition by reducing the cost States must bear to comply.

PLAUSIBLE HIDDEN PURPOSE #2: VOTING

Many New York State officials have announced their opposition to any policy that permits illegal aliens to obtain driver licenses. In a profile of next week's election campaigns, Erie County clerk Kathleen C. Hochul says, "I do not support the governor’s plan to give driver’s licenses to illegal immigrants. New York Times reporters Nicholas Confessore and Paul Vitello write that "lots of other local office seekers across the state" also oppose it, even though local officials like Hochul have no authority in the matter. One reason is the potential for voter fraud. In a commentary written after profiling Hochul, a Democrat, Confessore attributes opposition to partisanship:

[Spitzer's] opponents, chiefly Republican lawmakers, have fanned the flames of public outrage by postulating every conceivable disastrous scenario they can think of that might result from allowing illegal immigrants to get licenses — massive voter fraud by illegal aliens, terrorists buying weapons and staging a 9/11-style attack. Mr. Spitzer has responded with a series of public endorsements of the plan by experts on terrorism and security, and by trying to bat down his opponents’ scenarios of doom.

But these experts have consistently distanced themselves from Spitzer's plan to license illegal aliens, and voter fraud is not a terrorism or security issue.

Wall Street Journal columnist John Fund recently highlighted the potential for voter fraud, quoting New York State election officials who say "it would be tough to catch" illegal aliens who try to register to vote at the same time they obtain inferior-form driver licenses. The current voter registration form (PDF) asks for either the last four digits of the applicant's Social Security number or the applicant's NYS driver license number, either of which could be validated as matching the applicant's identity.

The ability to verify citizenship breaks down entirely under Spitzer's September policy, because under that policy there is no way for State election officials to distinguish citizens from noncitizens when validating NYS driver license numbers. At least in principle, however, the October policy solves this problem. Superior- and inferior-form driver licenses would be different, and they can be coded to indicate the holder's citizenship status.

In its press release supporting the September driver license policy change, the New York Immigration Coalition said it would "make [NYS' driver] licensing system far more secure and immune to fraud." As indicated above, Spitzer's press release did not include any information suggesting that the policy change would tighten proof of identity requirements, and it abandoned any requirement for proof of lawful U.S. residency. Presumably, the Coalition would fully support coding NYS driver licenses -- anonymously, perhaps -- to enable election officials to deny applications for voter registration submitted by illegal aliens. While it may advocate for a variety of rights and privileges on behalf of illegal aliens, the right to vote is surely not one of them.

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Sec. 202(c) MINIMUM ISSUANCE STANDARDS.—

(1) IN GENERAL.—To meet the requirements of this section, a State shall require, at a minimum, presentation and verification of the following information before issuing a driver’s license or identification card to a person:

(A) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person’s full legal name and date of birth.

(B) Documentation showing the person’s date of birth.

(C) Proof of the person’s social security account number or verification that the person is not eligible for a social security account number.

(D) Documentation showing the person’s name and address of principal residence.

(2) SPECIAL REQUIREMENTS.—

(A) IN GENERAL.—To meet the requirements of this section, a State shall comply with the minimum standards of this paragraph.

(B) EVIDENCE OF LAWFUL STATUS.—A State shall require, before issuing a driver’s license or identification card to a person, valid documentary evidence that the person—

(i) is a citizen or national of the United States;

(ii) is an alien lawfully admitted for permanent or temporary residence in the United States;

(iii) has conditional permanent resident status in the United States;

(iv) has an approved application for asylum in the United States or has entered into the United States in refugee status;

(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;

(vi) has a pending application for asylum in the United States;

(vii) has a pending or approved application for temporary protected status in the United States;

(viii) has approved deferred action status; or

(ix) has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.

(C) TEMPORARY DRIVERS’ LICENSES AND IDENTIFICATION CARDS.—

(i) IN GENERAL.—If a person presents evidence under any of clauses (v) through (ix) of subparagraph (B), the State may only issue a temporary driver’s license or temporary identification card to the person.

(ii) EXPIRATION DATE.—A temporary driver’s license or temporary identification card issued pursuant to this subparagraph shall be valid only during the period of time of the applicant’s authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year.

(iii) DISPLAY OF EXPIRATION DATE.—A temporary driver’s license or temporary identification card issued pursuant to this subparagraph shall clearly indicate that it is temporary and shall state the date on which it expires.

(iv) RENEWAL.—A temporary driver’s license or temporary identification card issued pursuant to this subparagraph may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary driver’s license or temporary identification card has been extended by the Secretary of Homeland Security.

(3) VERIFICATION OF DOCUMENTS.—To meet the requirements of this section, a State shall implement the following procedures:

(A) Before issuing a driver’s license or identification card to a person, the State shall verify, with the issuing agency, the issuance, validity, and completeness of each document required to be presented by the person under paragraph (1) or (2).

(B) The State shall not accept any foreign document, other than an official passport, to satisfy a requirement of paragraph (1) or (2).

(C) Not later than September 11, 2005, the State shall enter into a memorandum of understanding with the Secretary of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009–664), to verify the legal presence status of a person, other than a United States citizen,
applying for a driver’s license or identification card.

Sec. 202(d) OTHER REQUIREMENTS.—To meet the requirements of this section, a State shall adopt the following practices in the issuance of drivers’ licenses and identification cards:

(1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format.

(2) Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years.

(3) Subject each person applying for a driver’s license or identification card to mandatory facial image capture.

(4) Establish an effective procedure to confirm or verify a renewing applicant’s information.

(5) Confirm with the Social Security Administration a social security account number presented by a person using the full social security account number. In the event that a social security account number is already registered to or associated with another person to which any State has issued a driver’s license or identification card, the State shall resolve the discrepancy and take appropriate action.

(6) Refuse to issue a driver’s license or identification card to a person holding a driver’s license issued by another State without confirmation that the person is terminating or has terminated the driver’s license.

(7) Ensure the physical security of locations where drivers’ licenses and identification cards are produced and the security of document materials and papers from which drivers’ licenses and identification cards are produced.

(8) Subject all persons authorized to manufacture or produce drivers’ licenses and identification cards to appropriate security clearance requirements.

(9) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of drivers’ licenses and identification cards.

(10) Limit the period of validity of all driver’s licenses and identification cards that are not temporary to a period
that does not exceed 8 years.

(11) In any case in which the State issues a driver’s license or identification card that does not satisfy the requirements of this section, ensure that such license or identification card—

(A) clearly states on its face that it may not be accepted by any Federal agency for federal identification or any other official purpose; and

(B) uses a unique design or color indicator to alert Federal agency and other law enforcement personnel that it may not be accepted for any such purpose.

(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State.

(13) Maintain a State motor vehicle database that contains, at a minimum—

(A) all data fields printed on drivers’ licenses and identification cards issued by the State; and

(B) motor vehicle drivers’ histories, including motor vehicle violations, suspensions, and points on licenses.

H.R. 1268
109th Congress, 2d Session
Pub. L. 109-13

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