Stop Greenlighting Driver Licenses for Illegal Immigrants Act of 2021

II 117TH CONGRESS 1ST SESSION S. 25 To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. IN THE SENATE OF THE UNITED STATES JANUARY 22, 2021 Mrs. BLACKBURN (for herself, Mr. CRUZ, Ms. ERNST, Mr. DAINES, Mr. CRAMER, Mr. COTTON, and Mr. INHOFE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To restrict certain Federal grants for States that grant driv- er licenses to illegal immigrants and fail to share infor- mation about criminal aliens with the Federal Govern- ment. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop Greenlighting 4 Driver Licenses for Illegal Immigrants Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 04:55 Feb 04, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S25.IS S25 kjohnson on DSK79L0C42PROD with BILLS 2 •S 25 IS (1) EDWARD BYRNE MEMORIAL JUSTICE AS- 1 SISTANCE GRANT PROGRAM FUNDS.—The term ‘‘Ed- 2 ward Byrne Memorial Justice Assistance Grant Pro- 3 gram funds’’— 4 (A) means a grant under subpart 1 of part 5 E of title I of the Omnibus Crime Control and 6 Safe Streets Act of 1968 (34 U.S.C. 10151 et 7 seq.); and 8 (B) includes a grant made directly to a 9 unit of local government within a State under 10 section 505(d) of title I of the Omnibus Crime 11 Control and Safe Streets Act of 1968 (34 12 U.S.C. 10156(d)). 13 (2) IMMIGRATION ENFORCEMENT INFORMA- 14 TION.—The term ‘‘immigration enforcement infor- 15 mation’’ means— 16 (A) information relating to the citizenship 17 or immigration status of any individual; and 18 (B) the date, time, and location of the re- 19 lease of any individual from detention, jail, or 20 a prison facility. 21 (3) STATE.—The term ‘‘State’’ has the mean- 22 ing given the term in section 901 of title I of the 23 Omnibus Crime Control and Safe Streets Act of 24 1968 (34 U.S.C. 10251). 25 VerDate Sep 11 2014 04:55 Feb 04, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S25.IS S25 kjohnson on DSK79L0C42PROD with BILLS 3 •S 25 IS SEC. 3. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE 1 GRANT RESTRICTION FOR STATES THAT FAIL 2 TO COMPLY WITH FEDERAL IMMIGRATION 3 LAW. 4 (a) PROHIBITION.—The following States shall be 5 subject to subsection (b): 6 (1) Any State that issues a driver license to an 7 individual who does not have proof of United States 8 citizenship or lawful presence in the United States. 9 (2) Any State that prohibits or restricts a local 10 or State government entity or official from collecting 11 or sending to or receiving from the Department of 12 Homeland Security immigration enforcement infor- 13 mation. 14 (b) PENALTY.—A State described in subsection (a) 15 shall— 16 (1) in the case of a State described in sub- 17 section (a)(1), not later than 30 days after the date 18 on which a driver license is issued to an individual 19 who does not have proof of United States citizenship 20 or lawful presence in the United States, return to 21 the Treasury of the United States any unobligated 22 Edward Byrne Memorial Justice Assistance Grant 23 Program funds; 24 (2) in the case of a State described in sub- 25 section (a)(2), not later than 30 days after the date 26 VerDate Sep 11 2014 04:55 Feb 04, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S25.IS S25 kjohnson on DSK79L0C42PROD with BILLS 4 •S 25 IS of enactment of this Act, return to the Treasury of 1 the United States any unobligated Edward Byrne 2 Memorial Justice Assistance Grant Program funds; 3 and 4 (3) be ineligible to receive Edward Byrne Me- 5 morial Justice Assistance Grant Program funds 6 until the date on which the State institutes a law or 7 policy that— 8 (A) prohibits the issuance of a driver li- 9 cense to an individual who does not have proof 10 of United States citizenship or lawful presence 11 in the United States; and 12 (B) permits a local or State government 13 entity or official to collect and send to and re- 14 ceive from the Department of Homeland Secu- 15 rity immigration enforcement information. 16 Æ VerDate Sep 11 2014 04:55 Feb 04, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S25.IS S25 kjohnson on DSK79L0C42PROD with BILLS