Red Light Act

Bill Number

H.R. 203

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Transportation and Public Works

Status

Introduced

Latest Action

2025-01-04: Referred to the Subcommittee on Highways and Transit.

Last Updated

2025-03-22T08:06:30Z

AI-Generated Summary

Summary of H.R. 203 - Red Light Act

Purpose

The legislation aims to discourage states from issuing driver's licenses or other identification cards to individuals who are unlawfully present in the United States by penalizing non-compliant states through the withholding of federal highway funding. It seeks to enforce stricter immigration-related standards at the state level using federal transportation dollars as leverage.

Key Provisions

• Withholding Mechanism: Starting in fiscal year 2023 and continuing annually, the Secretary of Transportation must withhold 100% of federal highway funds apportioned to a state under specific sections of federal law (sections 104(b)(1), 104(b)(3), and 104(b)(4) of Title 23, U.S. Code) if the state has a law allowing driver's licenses or identification cards to be issued to unlawfully present aliens.
• Definition of Identification Card: Refers to a personal identification card as defined in federal criminal law (18 U.S.C. § 1028(d)), which is a state-issued document used for identification purposes, not including driver's licenses explicitly but encompassing similar state-issued IDs.
• Fund Management:
• Withheld funds remain available to the state until the end of the fiscal year.
• If the state repeals all such laws before the fiscal year ends, the withheld funds are reapportioned to that state.
• If the state does not repeal the laws by year-end, the funds are redistributed proportionally to other states that comply (i.e., do not have such laws).
• If a state repeals a law, receives reapportioned funds, and then enacts a similar law again, withholding resumes in the following fiscal year and continues thereafter.
• Enactment Details: Adds a new section (Sec. 180) to Chapter 1 of Title 23, U.S. Code, and updates the chapter's table of contents accordingly.

Significant Changes to Existing Law

• Introduces a new conditional funding restriction in Title 23, U.S. Code, which governs federal highway programs. Previously, federal highway funds were apportioned based on formulas related to population, road mileage, and other factors without direct ties to state immigration policies.
• This creates a direct link between state-level identification issuance practices and federal transportation funding, altering how states can qualify for these apportionments without needing prior congressional approval for such conditions.

Potential Impacts

• On Government Agencies: The U.S. Department of Transportation (via the Secretary) gains enforcement responsibilities, including monitoring state laws and managing fund reapportionments, which could increase administrative workload and require new oversight processes.
• On Citizens: Residents in non-compliant states may face reduced federal funding for highway maintenance, construction, and safety improvements, potentially leading to poorer road conditions, higher local taxes to compensate, or delayed infrastructure projects. Compliant states could receive extra funds, benefiting their transportation systems.
• On International Relations: Minimal direct impact, though it reinforces U.S. immigration enforcement priorities, which could indirectly influence diplomatic discussions on migration with other countries.
• Broader Effects: Undocumented immigrants in non-compliant states might lose access to state-issued IDs, affecting their ability to drive legally, obtain employment, or access services, potentially increasing road safety risks from unlicensed driving.

Main Stakeholders

• State Governments: Directly affected, as they risk losing significant federal highway funds (which total billions annually) if they maintain ID issuance laws for undocumented individuals; 19 states currently allow such practices.
• Undocumented Immigrants: Could face barriers to obtaining driver's licenses or IDs, impacting daily mobility and integration.
• Federal Government: The Department of Transportation must implement and enforce the withholding, while Congress oversees funding allocations.
• U.S. Citizens and Taxpayers: Particularly those in affected states, who may bear indirect costs through infrastructure shortfalls; drivers nationwide could see varying road quality based on state compliance.
• Advocacy Groups: Immigration rights organizations may oppose it for limiting access to IDs, while enforcement-focused groups may support it.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The bill uses federal funding as a tool to influence state policy, similar to past laws like those tying highway funds to drinking age or seatbelt requirements. It could face challenges if states argue it exceeds federal authority over immigration enforcement, which is primarily a federal domain.
• Constitutional Implications: Raises questions under the 10th Amendment (states' rights), as it may be seen as coercive "commandeering" of state legislatures to align with federal immigration goals. Courts have upheld similar funding conditions if they are not overly burdensome, but this could test those limits.
• Political Implications: Ties into ongoing debates over immigration reform and federalism, potentially deepening partisan divides; introduced by a Republican representative, it aligns with efforts to restrict benefits for undocumented individuals without broader comprehensive immigration changes.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Tenney, Claudia [R-NY-24]

Cosponsors (4)

Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Hamadeh, Abraham [R-AZ-8], Rep. Wied, Tony [R-WI-8], Rep. Miller, Mary E. [R-IL-15]

Recent Actions

• 2025-01-04: Referred to the Subcommittee on Highways and Transit.
• 2025-01-03: Referred to the House Committee on Transportation and Infrastructure.
• 2025-01-03: Introduced in House
• 2025-01-03: Introduced in House

Bill Versions

• Red Light Act — issued 2025-01-03 — PDF (4 pages)