Driver's License Non-Citizen Provisions
Summary
Mississippi Governor signed SB2322 amending Section 63-1-35 of the Mississippi Code to restrict driver's license issuance to non-citizens and those without social security numbers to lawfully present individuals only. The law requires such licenses to bear a non-citizen designation and expire when lawful presence ends, while also invalidating similar licenses from other states and requiring officer referrals to ICE for violations.
What changed
The bill amends Mississippi driver's license law (Section 63-1-35) to establish that the Commissioner may only prescribe license forms for non-citizens or those without SSNs if the applicant is lawfully present in the US. Non-citizen licenses must include explicit designation and expire upon loss of lawful presence. Additionally, all licenses must display sex consistent with birth-assigned sex, and licenses from other states issued to persons unable to prove lawful presence are declared invalid in Mississippi.
Law enforcement officers who stop drivers with invalid licenses must issue citations and refer individuals to ICE. Justice court judges, license examiners, and authorized employees encountering such invalid licenses must also refer to ICE. The Department of Public Safety is required to adopt implementing rules. The bill passed the Senate 33-17 and House 76-39 before conference committee adoption and gubernatorial signing.
What to do next
- Verify lawful presence documentation before issuing driver's licenses to non-citizens or applicants without SSNs
- Update license format to include non-citizen designation and birth-consistent sex designation
- Train law enforcement on citation and ICE referral procedures for drivers with invalid non-citizen licenses
Penalties
Out-of-state driver's licenses or permits issued to persons unable to prove lawful presence are invalid in Mississippi and do not authorize driving; violators receive citations and are referred to ICE
Source document (simplified)
ChangeBridge / Mississippi / SB2322 Signed by Governor SB2322 Senate Bill Signed by Governor 2026-04-06
Driver's license; amend provision related to.
An Act To Amend Section 63-1-35, Mississippi Code Of 1972, To Provide That The Commissioner May Only Prescribe The Form Of License Issued Under This Article To Licensees Who Are Not United States Citizens Or Who Do Not Possess A Social Security Number If The Licensee Is Lawfully Present In The United States; To Provide That Such A License Shall Include A Designation That The Person Is Not A United States Citizen And That The License Shall Expire On The Date That The Person Is No Longer Lawfully Present In The United States; To Require Any New, Renewal Or Duplicate Driver's License, Temporary Driving Permit Or Commercial Driver's License Issued To A Person Under This Chapter To Bear A Designation Of The Sex Of The Individual Which Shall Be Consistent With The Sex Of The Individual Determined At Birth; To Provide That A Driver's License, Or Other Permit Purporting To Authorize The Holder To Operate A Motor Vehicle On Public Roadways, Issued By Another State Or Jurisdiction To A Person Unable To Prove Lawful Presence In The United States When The License Or Permit Is Issued, Shall Be Invalid In This State And Does Not Authorize The Holder To Operate A Motor Vehicle In This State; To Require A Peace Officer Who Stops A Person Driving Or Using Such An Invalid License To Issue A Citation To The Driver And Refer The Person To The United States Immigration And Customs Enforcement Agency; To Require A Justice Court Judge, License Examiner, Or Any Authorized Employee Of The Commissioner Who Encounters A Person Using Such An Invalid License To Refer The Person To The United States Immigration And Customs Enforcement Agency; To Require The Department Of Public Safety To Adopt Rules And Regulations To Implement This Section; To Provide For Severability; And For Related Purposes.
Bill Details
State Mississippi
Session 2026 Regular Session
Chamber Senate
Official Source billstatus.ls.state.ms.us/2026/pdf/history...
LegiScan View on LegiScan
Sponsors
Angela Burks Hill (Sen - R) Chad Mcmahan (Sen - R)
Action History
2026-04-06 H Enrolled Bill Signed 2026-04-06 S Enrolled Bill Signed 2026-04-02 S Motion to Reconsider Tabled 2026-04-01 S Motion to Reconsider Entered 2026-04-01 H Motion to Reconsider Tabled 2026-03-31 S Conference Report Adopted 2026-03-31 H Motion to Reconsider Entered (Watson, Hood, Yates) 2026-03-31 H Conference Report Adopted 2026-03-30 H Conference Report Filed 2026-03-30 S Conference Report Filed 2026-03-23 H Conferees Named Hood,Yates,Tullos 2026-03-17 S Conferees Named Fillingane,Rhodes,Hill 2026-03-16 S Decline to Concur/Invite Conf 2026-03-11 H Returned For Concurrence 2026-03-10 H Passed As Amended 2026-03-10 H Amended 2026-03-03 H Title Suff Do Pass As Amended 2026-02-16 H Referred To Judiciary A 2026-02-12 S Transmitted To House 2026-02-10 S Passed As Amended 2026-02-10 S Amended 2026-02-02 S Title Suff Do Pass 2026-01-19 S Referred To Judiciary, Division B
Votes
2026-02-10 Senate Passed As Amended Yea: 33 Nay: 17 2026-03-10 House Passed As Amended Yea: 76 Nay: 39 2026-03-31 House Conference Report Adopted Yea: 76 Nay: 38 2026-03-31 Senate Conference Report Adopted Yea: 29 Nay: 16
Committee Referrals
2026-01-19 S Judiciary, Division B 2026-02-16 H Judiciary A
Amendments
0000-00-00 Senate Amendment No 1 Adopted 0000-00-00 House Committee Amendment No 1
Bill Text Versions
2026-01-19 Introduced 2026-02-12 Engrossed 2026-04-06 Enrolled Legislative data powered by LegiScan (CC BY 4.0)
Named provisions
Related changes
Source
Classification
Who this affects
Taxonomy
Browse Categories
Get Government General alerts
Weekly digest. AI-summarized, no noise.
Free. Unsubscribe anytime.
Get alerts for this source
We'll email you when Mississippi Legislative Events publishes new changes.