S129 makes applicants without “proof of lawful presence” eligible for a Rhode Island driver’s license and requires that these IDs “shall not be used as a basis for a criminal investigation, arrest, or detention.”
The Rhode Island Senate passed S129 on June 15, 2023, by a vote of 59 to 14. We have assigned pluses to the nays because persons unlawfully present in the United States ought not to be permitted sanctuary or residency in Rhode Island, let alone be considered eligible for a state-issued form of identification or licensure. According to Article 1, Section 8, of the U.S. Constitution, Congress has the authority to establish a uniform rule of naturalization. Rather than pursue unconstitutional “sanctuary policy,” states should use their powers reserved under the 10th Amendment to address the crisis of illegal immigration and provide for their own public safety.