Non-Compliant and Temporary Driver’s Licenses and Identification Cards

On March 1, the Department of Homeland Security (DHS) issued the long awaited draft regulations on Real ID implementation.  The regulations are expected to be printed in the Federal Register the week of March 5, at which time a 60 day comment period will commence. This brief focuses on the non-compliant and temporary driver’s licenses (DLs) and identification cards (IDs). A copy of the draft regulations, previous and future briefs and other resources on Real ID are available at: http://www.ncsl.org/realid

Non-Compliant Real ID Driver’s License and Identification Cards

Under the Real ID Act, a state that issues non-compliant Real ID DLs and IDs must:

• clearly states on the face of the DL/ID that it may not be accepted by any federal agency for federal identification or any other official purpose; and
• use a unique design or color indicator to alert federal agency and other law enforcement personnel that the DL/ID may not be accepted for any such purpose.

NCSL, governors and motor vehicle administrators recommended that the regulations allow states to meet the requirement at reduced cost by placing a restriction code on the front of license, with clarifying language on back.

DHS is requiring that the card clearly states on its face, in bold lettering, and in the machine readable zone that it may not be accepted by any federal agency for federal identification or any other official purpose. DHS is also requiring states to incorporate a unique design or color indicator to alert federal agencies and other law enforcement personnel that it may not be accepted for federal purposes.  DHS is seeking comment on whether a uniform design/color should be implemented nationwide.

Temporary Driver’s Licenses and Identification Cards

Under the Real ID Act, a state must issue an individual a temporary DL or ID if that individual provides evidence of lawful status (as verified by SAVE) by presenting one of the following:

• a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
• a pending application for asylum in the United States;
• a pending or approved application for temporary protected status in the United States;
• approved deferred action status; or
• 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.

Temporary DLs and IDs must clearly indicate that they are temporary and must state the date on which DL/ID expires. The temporary DLs and IDs may only be valid for the time period of the applicant’s authorized stay in the United States.  If there is no definite end period for the authorized stay, then the DL/ID shall be good for a period of one year.

NCSL, governors and motor vehicle administrators recommended that the regulations need to clarify that the requirements of this provision apply to those deemed temporary due to limited duration of lawful presence, rather than other state-issued “temporary” licenses (e.g. medical restrictions, etc.). It was also recommended that the minimum requirement for identifying restricted license duration should be indicated as a restriction code on front of license, with clarifying language on back, as is standard for other license restrictions. 

Under the draft regulations issued by DHS, a temporary DL/ID may be issued to an individual who has  temporary lawful status in the United States. The regulations require that a temporary DL/ID is valid:

• for the period of time in which the individual is authorized to stay in the United States (limited to 8 years); or
• for one year (if there is no definite period of time the individual is authorized to stay or is otherwise limited by DHS— asylum applicant, TPS applicant, and adjustment applicant).

In addition, any temporary DL/ID must clearly state on its face in bold and in the machine readable zone of the card that it is a temporary.

A state may not reissue a temporary DL/ID unless the document of lawful presence has been extended by DHS or the person has qualified for another lawful status. A renewal of a temporary DL/ID must be in person.

For more information contact NCSL staff Molly Ramsdell (Molly.Ramsdell@ncsl.org, 202-624-3584), Jeremy Meadows (Jeremy.Meadows@ncsl.org, 202-624-8664) or Garner Girthoffer (Garner.Girthoffer@ncsl.org, 202-624-7753).