HR5330-119

What This Bill Does

The SAFE Driving Laws Act uses federal highway funding to pressure state driver's-license and immigration-information policies. Beginning in fiscal year 2027, the Transportation Secretary must withhold 50 percent of amounts otherwise apportioned to a state under 23 U.S.C. 104(b)(1) and (2) if the state is not compliant on the first day of the fiscal year. Compliance requires a state law barring issuance of a driver's license or commercial driver's license to an individual who lacks proof of U.S. citizenship or lawful permanent residence. A compliant state also may not prohibit or restrict a state or local government entity or official from collecting, sending to, or receiving from the Department of Homeland Security immigration enforcement information. Transportation and Homeland Security must determine compliance and maintain public databases on their websites. Immigration enforcement information includes citizenship or immigration status and the date, time, and location of release from detention, jail, or prison.

Who Benefits and How

Department of Homeland Security immigration enforcement offices benefit because states cannot block covered status or release-information sharing and still keep full covered highway funding. States with citizen-only driver license laws benefit because they avoid the 50 percent withholding penalty. Immigration enforcement advocates benefit from a federal funding lever against state and local restrictions on information sharing. Federal taxpayers benefit if highway funds are withheld from noncompliant states rather than fully apportioned.

Who Bears the Burden and How

States issuing licenses to undocumented immigrants risk losing 50 percent of covered federal-aid highway apportionments beginning in fiscal 2027. Undocumented immigrants seeking driver's licenses lose access in states that change law to avoid the highway funding penalty. State transportation departments must change licensing rules or absorb major highway funding losses. Department of Transportation staff must determine compliance and maintain a public compliance database with Homeland Security.

Key Provisions

• Requires withholding 50 percent of specified highway funding from noncompliant states beginning in fiscal 2027.
• Requires compliant states to prohibit driver's licenses for people without proof of citizenship or lawful permanent residence.
• Bars compliant states from restricting immigration-enforcement information sharing with DHS.
• Requires Transportation and Homeland Security public databases showing each state's compliance status.