IMMIGRATION LAW
Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-222-3749, ext. 107
mthugdahl@mnlsap.org

I. ENHANCED DRIVER'S LICENSE/ENHANCED IDENTIFICATION CARD
Chapter 316 (SF 345)
Amends Minn. Stat. §§ 171.06, subds. 1, 2, 3, and 6; 171.06, subd. 6; 171.07, subd. 3
Adds Minn. Stat. §§ 171.01, subds. 37a and 37b; 171.04, subds. 3 and 4; 171.07, subds. 4a, 9a, and 16; 171.071, subd. 3; and 171.12, subd. 10
Effective June 1, 2012 for every enhanced driver's license and identification card that is issued on or after January 1, 2013, except rulemaking and coordination with United States Department of Homeland Security provisions effective May 14, 2010

A. Creation and Definition
Creates and defines an "enhanced driver's license" and an "enhanced identification card.

1. Enhanced Driver's License
Defines an enhanced driver's license as driver's license that denotes citizenship and identity and contains technology and security features approved by the United States Department of Homeland Security.
Adds Minn. Stat. § 171.01, subd. 37a

2. Enhanced Identification Card
Defines an enhanced identification card as an identification card issued that denotes citizenship and identity and contains technology and security features approved by the United States Department of Homeland Security.
Adds Minn. Stat. § 171.01, subd. 37b

B. Use of Enhanced Driver's License and Enhanced Identification Card
Provides that the license and card may be used in the same way as a standard driver's license or a Minnesota identification card and is subject to the same penalties, such as suspension and revocation.
Adds Minn. Stat. § 171.01, subd. 37a (Enhanced driver's license)
Adds Minn. Stat. § 171.01, subd. 37b (Enhanced identification card)

C. Certain Exemptions Inapplicable
Provides that exemptions for standard driver's licenses and identification cards regarding objections to photographs or head wear do not apply to enhanced driver's licenses and enhanced identification cards.
Adds Minn. Stat. § 171.071, subd. 3

D. Persons Ineligible

1. For Enhanced Driver's License
Prohibits DPS from issuing an enhanced license or card to persons who: (1) are under age 16; (2) are not Minnesota residents; (3) are not a United States citizen; and (4) cannot have a standard driver's license for reasons enumerated under Minn. Stat. § 171.04, subd. 1, clauses (4) to (12), or (14).
Adds Minn. Stat. § 171.04, subd. 3

2. For Enhanced Identification Card
Prohibits DPS from issuing an enhanced license or card to persons who: (1) are under age 16; (2) are not Minnesota residents; and (3) are not a United States citizen
Amends Minn. Stat. § 171.07, subd.3

E. Prohibitions Regarding Employers
Prohibits an employer from: (1) requiring an employee to apply for an enhanced license or card as a condition of employment; and (2) retaliating or discriminating against an employee for refusing to obtain an enhanced license or card.
Adds Minn. Stat. § 171.04, subd. 4 (Driver's license)
Adds Minn. Stat. § 171.07, subd. 4a (Identification card)

F. Federal Coordination
Directs the DPS to begin working with the United States Department of Homeland Security to develop an enhanced license and card that will permit U.S. citizens to enter the country at land and sea ports, consistent with federal law.

G. Rulemaking
Requires DPS to amend/promulgate rules to accommodate the new enhanced license and card.