SAFE Driving Laws Act

Bill Number

H.R. 5330

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Transportation and Public Works

Status

Introduced

Latest Action

2025-09-12: Referred to the Subcommittee on Highways and Transit.

Last Updated

2026-04-21T08:05:47Z

AI-Generated Summary

Purpose

The legislation, titled the "Stop Aliens From Evading Driving Laws Act" or "SAFE Driving Laws Act," aims to encourage states to restrict driver's license issuance to only U.S. citizens or lawful permanent residents and to ensure states share immigration-related information with federal authorities. It achieves this by tying compliance to federal highway funding, promoting stricter state-level enforcement of immigration laws in the context of driver's licenses.

Key Provisions

• Funding Withholding: Starting in fiscal year 2027, the Secretary of Transportation must withhold 50% of a state's apportioned funds under sections 104(b)(1) and (2) of Title 23, U.S. Code (which cover core highway programs like the National Highway Performance Program and Surface Transportation Block Grant Program) if the state fails to comply.
• State Compliance Requirements:
• States must enact and enforce a law that prohibits issuing driver's licenses (including commercial ones) to individuals without proof of U.S. citizenship or lawful permanent residence.
• States cannot restrict or prohibit local or state government entities from collecting, sending to, or receiving from the Department of Homeland Security (DHS) any "immigration enforcement information."
• Federal Oversight:
• The Secretaries of Transportation and DHS must jointly determine each state's compliance status annually.
• They must maintain a publicly accessible online database tracking each state's compliance.
• Definition of Key Term: "Immigration enforcement information" includes details on an individual's citizenship or immigration status, as well as the date, time, and location of any individual's release from detention, jail, or prison.

Significant Changes to Existing Law

• This bill amends Chapter 1 of Title 23, U.S. Code (governing highways), by adding a new section 180, which introduces a direct link between federal transportation funding and state immigration policies—something not previously tied in this way.
• It overrides aspects of current state autonomy in driver's license issuance (e.g., under the REAL ID Act of 2005, states can issue limited-purpose licenses to non-citizens but face no funding penalties for doing so).
• No changes to commercial driver's licenses beyond the general prohibition, but it reinforces federal expectations for information sharing under existing immigration laws like the Immigration and Nationality Act.

Potential Impacts

• On Government Agencies: The Departments of Transportation and DHS will face new administrative burdens to assess compliance and maintain a public database, potentially increasing inter-agency coordination. States may need to revise laws and train officials, straining state resources.
• On Citizens and Residents: Compliant states could see reduced unlicensed driving by non-citizens, possibly improving road safety, but non-compliant states (e.g., those offering licenses to undocumented immigrants) risk losing billions in federal funds, leading to delayed road repairs or projects that affect commuters and local economies. Undocumented immigrants may face greater barriers to mobility and employment.
• On International Relations: Minimal direct impact, though it could indirectly signal a stricter U.S. stance on immigration enforcement, affecting perceptions among countries with high migration to the U.S.

Main Stakeholders Affected

• States and Local Governments: Primary targets, as they must change laws or risk funding cuts; includes departments of motor vehicles (DMVs) handling licenses.
• Federal Government: Departments of Transportation and DHS, responsible for enforcement and oversight.
• Undocumented Immigrants and Non-Citizens: Directly impacted by restricted access to driver's licenses, affecting daily life, work, and legal compliance.
• U.S. Citizens and Taxpayers: Indirectly affected through potential changes in road safety, state budgets, and federal fund allocation.
• Law Enforcement: Benefits from mandated information sharing on "criminal aliens" (non-citizens involved in crimes), aiding immigration enforcement.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The bill could lead to lawsuits challenging federal funding conditions as coercive under the Spending Clause of the U.S. Constitution (Article I, Section 8), similar to past cases like NFIB v. Sebelius (2012) on Medicaid expansion. It may preempt state laws allowing driver's licenses for undocumented individuals, raising questions of federal overreach into state police powers.
• Constitutional Implications: Potential tensions with the 10th Amendment (reserving powers to states) if viewed as undue federal pressure on state licensing authority. It might also implicate equal protection under the 14th Amendment if it disproportionately affects certain immigrant groups without a compelling justification.
• Political Implications: Reinforces debates on immigration reform and states' rights, likely appealing to supporters of stricter border enforcement while drawing opposition from states with sanctuary policies or diverse populations. Passage could influence future transportation and immigration bills by setting a precedent for conditional federal funding.

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

Sponsor

Rep. Miller, Mary E. [R-IL-15]

Cosponsors (24)

Rep. Moore, Barry [R-AL-1], Rep. Baird, James R. [R-IN-4], Rep. Mace, Nancy [R-SC-1], Rep. Gill, Brandon [R-TX-26], Rep. Nehls, Troy E. [R-TX-22], Rep. Donalds, Byron [R-FL-19], Rep. Perry, Scott [R-PA-10], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Haridopolos, Mike [R-FL-8], Rep. McGuire, John J. [R-VA-5], Rep. Norman, Ralph [R-SC-5], Rep. Loudermilk, Barry [R-GA-11], Rep. Crane, Elijah [R-AZ-2], Rep. Wied, Tony [R-WI-8], Rep. Burchett, Tim [R-TN-2], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Brecheen, Josh [R-OK-2], Rep. DesJarlais, Scott [R-TN-4], Rep. Harris, Mark [R-NC-8], Rep. Harshbarger, Diana [R-TN-1], Rep. Self, Keith [R-TX-3], Rep. Biggs, Sheri [R-SC-3], Rep. Hageman, Harriet M. [R-WY-At Large], Rep. Cline, Ben [R-VA-6]

Recent Actions

• 2025-09-12: Referred to the Subcommittee on Highways and Transit.
• 2025-09-11: Referred to the House Committee on Transportation and Infrastructure.
• 2025-09-11: Introduced in House
• 2025-09-11: Introduced in House

Bill Versions

• Stop Aliens From Evading Driving Laws Act — issued 2025-09-11 — PDF (3 pages)