PolicyBrief
H.R. 5108
119th CongressSep 3rd 2025
Stop Greenlighting Driver Licenses for Illegal Immigrants Act
IN COMMITTEE

This bill penalizes states that issue driver's licenses to individuals without proof of lawful presence or restrict the sharing of immigration enforcement information with the Department of Homeland Security by withholding federal Byrne Grant funds.

Jodey Arrington
R

Jodey Arrington

Representative

TX-19

LEGISLATION

Federal Grant Money at Risk: States Must Halt Driver's Licenses for Undocumented Residents or Lose Justice Funds

The “Stop Greenlighting Driver Licenses for Illegal Immigrants Act” is a direct, hard-line piece of legislation that aims to force states to comply with federal immigration enforcement using a powerful financial lever: the Edward Byrne Memorial Justice Assistance Grant Program funds.

The Financial Hammer: Byrne Grant Funds

This bill essentially turns federal justice grants into a compliance test. If a state issues a driver’s license to anyone who can’t prove they are a U.S. citizen or lawfully present, or if the state has policies that prevent local police or officials from sharing immigration enforcement data with the Department of Homeland Security (DHS), that state faces immediate, severe penalties. We’re talking about states having to return all unspent Byrne grant money to the U.S. Treasury within 30 days. Think of it like this: if your city relies on those Byrne funds for crucial law enforcement programs—say, new drug task forces or domestic violence intervention units—that money vanishes overnight if the state government issues just one non-compliant driver's license (SEC. 3).

The Mandates: Licenses and Data Sharing

The bill creates two non-negotiable mandates for states to keep their federal justice funding. First, states must stop issuing driver’s licenses to individuals without proof of citizenship or legal status. For the states that currently allow this—often cited as a public safety measure to ensure all drivers are tested, insured, and identifiable—this means a major policy reversal. Second, the state must ensure that local and state officials are free to collect and share “immigration enforcement information” with DHS. This information is broadly defined, including details about a person’s citizenship status and, crucially, the exact date, time, and place they were released from custody (SEC. 2).

Real-World Impact: Who Feels the Pinch?

If this bill becomes law, the immediate impact will be felt by state and local governments. Imagine a county sheriff’s department that budgeted for new radio equipment using Byrne grant money. If the state falls out of compliance, that funding disappears, potentially gutting essential public safety projects. For the millions of undocumented residents in states that currently offer licenses, they would lose access to a document that many rely on for basic life functions—getting to work, dropping kids off at school, and proving identity during routine traffic stops. The goal of the bill is clear: leverage federal funding to mandate stricter immigration enforcement at the state level. The cost of non-compliance is steep—not just losing future grants, but having to pay back money already allocated (SEC. 3).