HF3297

Purpose of the Bill

The bill aims to enhance the safety of Minnesota residents by ensuring all applicants for driver's licenses and identification cards provide proof of lawful presence in the United States. It aligns state practices with federal immigration laws.

Main Provisions

• Proof of Lawful Presence: Applicants for a Minnesota driver's license or identification card must show evidence of lawful presence in the U.S. This includes all types of licenses, such as instruction permits and provisional licenses.

• Application Requirements: Applications require documentation proving legal presence, and applicants must declare this information under penalty of perjury. The bill mandates that both identity and legal residence must be presented for any compliant license or ID.

• License Designation: Licenses and identification cards must reflect compliance with the REAL ID Act, which includes a temporary designation for those with temporary lawful status.

• Noncompliant Licenses: A noncompliant license, which does not meet federal identification standards, will not require proof of legal residency. These licenses must be clearly marked as not for federal identification.

Significant Changes to Existing Law

• New Restrictions: The bill introduces new requirements for demonstrating lawful presence for the issuance of driver's licenses and IDs, a change from previous regulations where this was not universally required.

• Privacy Protections: The bill restricts data sharing related to immigration status, defining it as private data. Information can only be disclosed internally within the licensing division or to the Secretary of State for voter registration accuracy.

• Government Use Limitation: It explicitly prohibits state agencies or subdivisions from using noncompliant licenses as evidence of immigration status, and restricts sharing data with federal immigration authorities unless ordered by a court.

Relevant Terms

• Lawful Presence
  
• REAL ID Act
  
• Noncompliant License
  
• Immigration Status Data
  
• Minnesota Identification Card
  
• Proof of Residency
  
• Federal Immigration Law