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HF 3297

Proof of lawful presence in the United States required to obtain driver's license or identification card.

2025-2026 Regular Session Introduced by Steve Jacob and 1 co-sponsor

Minnesota requires proof of lawful presence to obtain a driver’s license or state ID, aligning with federal standards and effective Oct 1, 2025.

Author added Jacob
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Bill Summary · HF 3297

HF 3297 (Minnesota) — Proof of lawful presence required to obtain driver's license or ID

Overview
- Purpose: To require applicants for Minnesota driver’s licenses and identification cards to demonstrate lawful presence in the United States, aligning with federal requirements and enhancing public safety.
- Effective date: October 1, 2025 for applications issued on or after that date.

Key Provisions and Changes
- Eligibility and proof of lawful presence (Sec. 2, Sec. 4):
- New eligibility criterion: Applicants must provide proof of lawful presence in the United States to receive a driver’s license or Minnesota identification card.
- This requirement applies to most applicants, including minors seeking licenses (with existing age-related conditions for licensing still in place).
- Real ID and residency requirements remain, with proof of residency and identity documentation required as part of the application process.

  • Application requirements and format (Sec. 3, Sec. 4, Sec. 5):

    • Applications must be in an approved format, include a proper fee, and be signed under penalty of perjury.
    • Applications must include proof of lawful presence and, for REAL ID-compliant credentials, additional documentation as applicable.
    • Some previously required data points (e.g., detailed physical description, Social Security number) are modified to emphasize lawful presence documentation and other permissible data points.
    • Applicants may designate a temporary mailing address for delivery, with the county issuing notices and mailings to the residence address.

  • Documentation and design of licenses and IDs (Sec. 6, Sec. 7):

    • Licenses and IDs must include standard identifying features (name, date of birth, photo, address, signature) and be marked for REAL ID compliance where applicable.
    • Noncompliant licenses/IDs and REAL ID temporary status provisions are retained, with specific marking requirements (e.g., “not for federal identification” on noncompliant cards).
    • Distinguishing features for under-21 and seniors remain, along with restrictions for enhanced or noncitizen-specific designations.

  • Data privacy and use (Sec. 8, Sec. 9, Sec. 10):

    • Personal-data disclosures are limited to purposes related to motor vehicle operation or public safety, with restrictions on sharing immigration-status data.
    • Data on noncompliant licenses/IDs are treated as private, with limitations on sharing with federal entities enforcing immigration law (except under valid warrants or court orders).
    • Restrictions on using noncompliant credentials as evidence of citizenship or lawful presence in enforcement, investigations, or detention.

  • Residency and address rules (Sec. 4, Sec. 5, Sec. 6, Sec. 7):

    • Applicants must have a Minnesota residence address at the time of application.
    • Provisions address alternate mailing addresses and the handling of residency information for notices and mailings.

Impacted Parties
- Prospective and current Minnesota drivers and ID holders seeking REAL ID-compliant credentials.
- Applicants who previously faced no lawful presence documentation requirements.
- DMV, driver licensing agents, and related state agencies responsible for issuing licenses/IDs and handling data.

Procedural and Timeline Aspects
- Introduction and first reading in May 2025; referred to Transportation Finance and Policy.
- Effective date set for applications and issuance on or after October 1, 2025.

Notes
- The bill emphasizes safety and federal alignment (U.S. Code, title 8, §1324) and imposes new verification steps for lawful presence.
- It modifies several application and data practices to incorporate proof of lawful presence while maintaining privacy safeguards for sensitive data.

Compiled from official sources — confirm details with the bill’s official record.

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