Stop Greenlighting Driver Licenses for Illegal Immigrants Act
- Bill Number
- H.R. 5108
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-09-03: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-02-25T09:06:31Z
AI-Generated Summary
Purpose
The legislation, titled the "Stop Greenlighting Driver Licenses for Illegal Immigrants Act," aims to withhold certain federal grants from states that issue driver's licenses to individuals without proof of U.S. citizenship or lawful presence, or that restrict sharing immigration-related information with the federal government. It seeks to encourage states to align their policies with federal immigration enforcement priorities.
Key Provisions
- Definitions:
- Edward Byrne Memorial Justice Assistance Grant Program funds: Federal grants provided to states and local governments to support criminal justice initiatives, such as law enforcement and crime prevention, under the Omnibus Crime Control and Safe Streets Act of 1968.
- Immigration enforcement information: Details about an individual's citizenship or immigration status, including the date, time, and location of their release from detention, jail, or prison.
- State: Includes any state, territory, or possession as defined under federal criminal justice grant laws.
- Restrictions on Grants (Section 3):
- States become ineligible if they:
- Issue driver's licenses to individuals lacking proof of U.S. citizenship or lawful presence (e.g., undocumented immigrants).
- Prohibit or limit state or local officials from collecting, sending, or receiving immigration enforcement information with the Department of Homeland Security (DHS).
- Penalties include:
- For license issuance violations: States must return any unspent (unobligated) Byrne grant funds to the U.S. Treasury within 30 days of issuing such a license.
- For information-sharing restrictions: States must return unspent funds within 30 days of the bill's enactment.
- Ongoing ineligibility for new Byrne grants until the state enacts laws or policies that:
- Ban driver's licenses for those without citizenship or lawful presence proof.
- Allow full sharing of immigration enforcement information with DHS.
Significant Changes to Existing Law
This bill introduces new conditions on Edward Byrne Memorial Justice Assistance Grant Program funds, which were previously available to states without these immigration-related requirements. It amends funding eligibility under the Omnibus Crime Control and Safe Streets Act by tying grants to state compliance with federal immigration rules, effectively using federal money as leverage to influence state policies on licensing and data sharing.
Potential Impacts
- On Government Agencies: State and local law enforcement agencies could lose access to federal funding for justice programs, potentially straining budgets for policing, courts, and victim services. The Department of Homeland Security may gain easier access to state data, improving federal immigration enforcement coordination.
- On Citizens: U.S. citizens and lawful residents in affected states might face indirect impacts through reduced local crime-fighting resources. Undocumented immigrants could lose access to driver's licenses in more states, affecting their mobility, employment, and daily activities.
- On International Relations: Minimal direct impact, though it could indirectly influence perceptions of U.S. immigration policy enforcement, potentially straining relations with countries whose nationals are affected by stricter state-level rules.
Main Stakeholders Affected
- States and Local Governments: Primary targets, as they risk losing federal grants and must adjust licensing and data-sharing policies to regain eligibility.
- Undocumented Immigrants: Directly impacted by restrictions on driver's licenses, which could limit their ability to drive legally and access services.
- Federal Agencies (e.g., DHS and the Department of Justice): Benefit from enhanced information sharing but may face administrative burdens in enforcing the new rules.
- Law Enforcement and Justice Systems: Local police and courts could see funding cuts, affecting operations in non-compliant states.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The bill relies on Congress's spending power to condition federal grants on state actions, which has been upheld in past cases (e.g., similar to highway funding tied to drinking age laws). However, it could face challenges if seen as coercing states into federal immigration roles, potentially violating anti-commandeering principles under the Tenth Amendment (which limits federal mandates on state officials).
- Constitutional Implications: Raises questions about federalism, as it pressures states to enforce immigration laws indirectly through funding cuts, without directly overriding state authority.
- Political Implications: Likely to spark debate along partisan lines on immigration enforcement, states' rights, and the use of federal funds as policy tools, potentially leading to legal challenges or state resistance.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Arrington, Jodey C. [R-TX-19]
Cosponsors (15)
Rep. Mace, Nancy [R-SC-1], Rep. Donalds, Byron [R-FL-19], Rep. Higgins, Clay [R-LA-3], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Babin, Brian [R-TX-36], Rep. Fine, Randy [R-FL-6], Rep. Biggs, Andy [R-AZ-5], Rep. Nehls, Troy E. [R-TX-22], Rep. Tiffany, Thomas P. [R-WI-7], Rep. Haridopolos, Mike [R-FL-8], Rep. Gill, Brandon [R-TX-26], Rep. DesJarlais, Scott [R-TN-4], Rep. Collins, Mike [R-GA-10], Rep. Wied, Tony [R-WI-8], Rep. Self, Keith [R-TX-3]
Recent Actions
- 2025-09-03: Referred to the House Committee on the Judiciary.
- 2025-09-03: Introduced in House
- 2025-09-03: Introduced in House
Bill Versions
- Stop Greenlighting Driver Licenses for Illegal Immigrants Act — issued 2025-09-03 — PDF (4 pages)