{ "id": "R43452", "type": "CRS Report", "typeId": "REPORTS", "number": "R43452", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 434158, "date": "2014-09-03", "retrieved": "2016-04-06T20:08:07.653514", "title": "Unlawfully Present Aliens, Driver\u2019s Licenses, and Other State-Issued ID: Select Legal Issues", "summary": "One aspect of the broader debate over aliens who are present in the United States in violation of federal immigration law has been their eligibility for driver\u2019s licenses and other forms of state-issued identification documents (IDs). The issuance of driver\u2019s licenses has historically been considered a state matter, and states have taken a variety of approaches. Some have barred the issuance of driver\u2019s licenses and other state-issued ID to unlawfully present aliens; others permit their issuance; and yet others instead grant unlawfully present aliens Certificates for Driving (CFDs) or Driving Privilege Cards (DPCs). CFDs or DPCs expressly state, on their face, that they are valid for driving, but not for other purposes. The federal government has generally not intruded on state control over the issuance of driver\u2019s licenses, although the REAL ID Act of 2005 (P.L. 109-13, Div. B) will, when implemented, bar federal agencies from accepting, \u201cfor any official purpose,\u201d licenses or ID cards issued by states that do not meet specific requirements.\nRegardless of whether they would deny or grant driver\u2019s licenses and other state-issued ID to unlawfully present aliens, such state measures have been challenged on various grounds. While these grounds can vary depending upon the specific statute or practice in question, the grounds most commonly asserted appear to be violations of the Equal Protection and Supremacy Clauses of the U.S. Constitution. The Equal Protection Clause bars states from \u201cdeny[ing] to any person within [their] jurisdiction the equal protection of the laws,\u201d and aliens have been found to be encompassed by the Clause\u2019s usage of \u201cperson.\u201d As a result, measures that would treat aliens differently than citizens may be subject to challenge on equal protection grounds. In particular, state measures that distinguish between aliens and citizens are generally subject to some type of heightened scrutiny, although the exact degree of scrutiny can vary depending upon the persons and rights affected. The Supremacy Clause, in turn, establishes that federal law is \u201cthe supreme Law of the Land,\u201d and may preempt any incompatible provisions of state law.\nState measures that would deny driver\u2019s licenses and other state-issued ID to unlawfully present aliens have historically not been found to violate either the Equal Protection or the Supremacy Clause, as a general matter. The various courts that have reviewed such challenges, to date, have found that these measures do not infringe upon the fundamental right to travel because restrictions upon a single mode of travel (i.e., driving) are not tantamount to restrictions on the right to travel, and aliens\u2019 right to travel is more limited than citizens\u2019 right. The courts have similarly found that such measures do not impermissibly distinguish between unlawfully present aliens and other persons because unlawfully present aliens are not a \u201csuspect classification,\u201d and the measures serve \u201clegitimate\u201d government interests. The courts have also found these measures are not, as a general matter, per se preempted on the grounds that they regulate immigration, or preempted by the REAL ID Act. However, state measures that distinguish, without a legitimate interest, between categories of aliens, or that rely upon state definitions or determinations of aliens\u2019 status, may be found to be impermissible.\nAlthough some commentators have suggested that they are preempted, state measures that grant driver\u2019s licenses and state-issued ID to unlawfully present aliens do not appear to have been subject to litigation. The argument that such measures are preempted could, however, be difficult to maintain, because the REAL ID Act arguably contemplates states issuing licenses and other IDs that federal agencies do not recognize for official purposes, and it seems unlikely that granting licenses to unlawfully present aliens would be seen to regulate immigration. Similarly, while federal law generally restricts the circumstances in which states may provide \u201cpublic benefits\u201d to unlawfully present aliens, driver\u2019s licenses are unlikely to be seen as public benefits.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R43452", "sha1": "5db7b48624158a70aca52b835b26f341da3aa42e", "filename": "files/20140903_R43452_5db7b48624158a70aca52b835b26f341da3aa42e.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R43452", "sha1": "e1bb36a5dc929a04ccc9094751a38a79135dfb61", "filename": "files/20140903_R43452_e1bb36a5dc929a04ccc9094751a38a79135dfb61.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc284509/", "id": "R43452_2014Mar28", "date": "2014-03-28", "retrieved": "2014-05-06T21:21:54", "title": "Unlawfully Present Aliens, Driver's Licenses, and Other State-Issued ID: Select Legal Issues", "summary": "This report provides an overview of key legal issues raised by state laws regarding the denial or issuance of driver's licenses and other forms of ID to unlawfully present aliens, as well as by state and local approaches to recognizing foreign-issued ID documents.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20140328_R43452_8850b52cc0e9c2ef61bf825488d388ecdc7bd542.pdf" }, { "format": "HTML", "filename": "files/20140328_R43452_8850b52cc0e9c2ef61bf825488d388ecdc7bd542.html" } ], "topics": [ { "source": "LIV", "id": "Illegal aliens", "name": "Illegal aliens" }, { "source": "LIV", "id": "Immigration policy", "name": "Immigration policy" }, { "source": "LIV", "id": "Driver licenses", "name": "Driver licenses" } ] } ], "topics": [ "Constitutional Questions", "Foreign Affairs", "Intelligence and National Security" ] }