H.R.203 - Red Light Act (119th Congress)
Summary
H.R.203, the "Red Light Act," proposes to withhold federal highway funds from states that issue driver's licenses or identification cards to aliens unlawfully present in the United States. The bill amends Title 23 of the United States Code, adding a section that mandates the Secretary to withhold funds from non-compliant states. The withholding applies to funds apportioned under sections 104(b)(1), 104(b)(3), and 104(b)(4) of Title 23.
Expected Effects
The immediate effect would be a reduction in federal highway funding for states that allow undocumented immigrants to obtain driver's licenses or identification cards. States would need to repeal such laws to regain access to the withheld funds. If states do not repeal the laws, the withheld funds would be reapportioned to states that do not have such laws.
Potential Benefits
- Potentially strengthens border security by discouraging undocumented immigrants from obtaining state-issued identification.
- Could incentivize states to enforce federal immigration laws more strictly.
- May reduce the financial burden on states related to providing services to undocumented immigrants.
- The bill could lead to increased compliance with federal immigration policies among states.
- Reapportionment of funds could benefit states that adhere to stricter immigration policies.
Most Benefited Areas:
Potential Disadvantages
- Could negatively impact state budgets and infrastructure projects due to the loss of federal highway funds.
- May create difficulties for undocumented immigrants who need to drive for work or essential activities.
- Could strain relationships between the federal government and states with differing immigration policies.
- The bill might face legal challenges based on states' rights and equal protection arguments.
- It could lead to increased discrimination and profiling against individuals perceived as undocumented immigrants.
Constitutional Alignment
The bill's constitutionality is debatable. Congress has the power to regulate immigration under Article I, Section 8, Clause 4, and to spend money for the general welfare under Article I, Section 8, Clause 1. However, the Tenth Amendment reserves powers not delegated to the federal government to the states, potentially raising concerns about federal overreach into state driver's license policies. The Supreme Court has addressed conditional spending in South Dakota v. Dole, setting limits on Congress's power to attach conditions to federal funds.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).