The Protect Your Highways Act

Prior to task force meetings, ALEC posts these legislative member-submitted draft model policies to our website. The draft model policies are then discussed, debated, and voted on by ALEC task force members. Policies that receive final approval by legislators on the ALEC Board of Directors become official ALEC model policy. Draft model policies that fail to become official ALEC model policy are removed from the website.

Summary

This model provides recourse for states to hold illegal immigrants accountable for traffic violations committed in each state when the drivers' licenses has been issued in a different jurisdiction.  

The Protect Your Highways Act

Section 1. Section [  ] is enacted to read: Operation of Motor Vehicle; Noncitizen Prohibition. 

(A) No individual shall operate a motor vehicle in this state unless he or she is a citizen of the United States or is lawfully present in the United States. Violations of this provision shall be punishable as a [class of offense]. 

 (B) A nonresident individual who has in his or her possession a substantially similar license issued to that individual by his or her state or country of residence may operate a motor vehicle upon any highway in this state without examination or license under [relevant state laws], provided that such nonresident individual is lawfully present in the United States. 

Section 2. Section [  ] is enacted to read: Duties of Motor Vehicles Agency; Collection & Record of Citizenship Status Information. 

(A) For each individual who utilizes the agency’s services, the [State motor vehicles agency] shall determine and store in the agency’s records management database whether the individual is a citizen of the United States or is lawfully present in the United States. 

  1. If an individual’s status cannot be determined, the [State motor vehicles agency] record shall indicate the individual’s citizenship status is undetermined and obtain information necessary to verify the individual’s status pursuant to Section 2(C). 
  2. For each lawfully present individual, the [State motor vehicles agency] shall determine and store in the agency’s records management database, the date said status is set to expire, if applicable. 
  3. The agency shall verify each individual remains lawfully present [upon renewal in accordance with the state law].  

(B) The [State motor vehicles agency] shall record and store citizenship status information in a manner that enables any state, county, or local government entity or agency in this state, or any public official, officer, or employee of this state, to access or obtain such information as authorized by the laws or rules of this state. 

(C) Within [six months] of the enactment of this Act, the [State motor vehicles agency] shall review and update its existing records to indicate each individual’s citizenship status as required by this Act.  

  1. If the agency is unable to determine an individual’s citizenship status, the individual shall be required to provide documentation or information to prove United States citizenship or lawful presence at renewal or when any update to the individual’s license or identification card is made, whichever is earlier; or 
  2. If the agency determines an individual is not lawfully present in the United States based on the information available, the agency shall cancel the individual’s license or identification card in accordance with state law [or other procedure allowing notice and opportunity to be heard]. 

Section 3. Section [  ] is enacted to read: Duties of Motor Vehicles Agency; Licenses, Permits, and Identification Cards; Citizenship Information. 

(A) The [State motor vehicles agency] shall not issue or renew a license, a permit to operate a motor vehicle, or identification card to any individual unless and until the [State motor vehicles agency] is provided with or is otherwise able to obtain sufficient documentation or information to verify that the individual is a citizen of the United States or is lawfully present in the United States. 

 (B) Any license, permit to operate a motor vehicle, or personal identification card issued by the [State motor vehicles agency] shall include a notation or mark that is plainly visible on the front indicating whether the individual is or is not a citizen of the United States.  

 (C) Within thirty days of becoming a citizen of the United States, an individual who was previously issued a license, permit to operate a motor vehicle, or identification card shall notify the [State motor vehicles agency] and obtain a new license, permit, or identification card reflecting his or her updated citizenship status. 

 (D) A license, permit to operate a motor vehicle, or identification card issued to a person with lawful presence shall expire no later than the date on which the individual ceases to be lawfully present in the United States.