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27-16-1110. Findings — Purpose of §§ 27-16-1111 and 27-16-1112.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-16-1110. Findings — Purpose of §§ 27-16-1111 and 27-16-1112.
(a) The General Assembly finds that:
(1) Currently, driver's licenses and identification cards are valid for a standard statutory period of time;
(2) An applicant for the issuance or renewal of a driver's license or identification card who is not a citizen of the United States may obtain a driver's license or identification card that is valid for a period that exceeds his or her authorization to be lawfully present in the United States;
(3) The federal government, specifically the United States Immigration and Customs Enforcement, an agency of the Department of Homeland Security, has authority over immigration matters and makes determinations on the length of time that a person who is not a citizen of the United States can remain in the United States; and
(4) A driver's license or identification card that is valid for a period that exceeds the time prescribed by the United States Immigration and Customs Enforcement, an agency of the Department of Homeland Security, can be used to circumvent federal law and cause confusion on the status of the individual to whom it is issued.
(b) The purpose of §§ 27-16-1111 and 27-16-1112 is to ensure that driver's licenses and identification cards issued by the state are not used to circumvent federal immigration laws or federal authority on immigration matters by preventing an applicant for the issuance or renewal of a driver's license or identification card from obtaining an identity document issued by the state that is valid for a period that exceeds the applicant's authorization to be lawfully present in the United States.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-1110
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-16-1110
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 28f93815b185f5b0563420e61d0332cf98222fdcdca176f011ddb7c34fcf08ad
Source location: content.xml paragraph 7267
Stored source content
27-16-1110. Findings — Purpose of §§ 27-16-1111 and 27-16-1112.
(a) The General Assembly finds that:
(1) Currently, driver's licenses and identification cards are valid for a standard statutory period of time;
(2) An applicant for the issuance or renewal of a driver's license or identification card who is not a citizen of the United States may obtain a driver's license or identification card that is valid for a period that exceeds his or her authorization to be lawfully present in the United States;
(3) The federal government, specifically the United States Immigration and Customs Enforcement, an agency of the Department of Homeland Security, has authority over immigration matters and makes determinations on the length of time that a person who is not a citizen of the United States can remain in the United States; and
(4) A driver's license or identification card that is valid for a period that exceeds the time prescribed by the United States Immigration and Customs Enforcement, an agency of the Department of Homeland Security, can be used to circumvent federal law and cause confusion on the status of the individual to whom it is issued.
(b) The purpose of §§ 27-16-1111 and 27-16-1112 is to ensure that driver's licenses and identification cards issued by the state are not used to circumvent federal immigration laws or federal authority on immigration matters by preventing an applicant for the issuance or renewal of a driver's license or identification card from obtaining an identity document issued by the state that is valid for a period that exceeds the applicant's authorization to be lawfully present in the United States.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-16-1111. Expiration of driver's license when the applicant is not a United States citizen.
(a) If an applicant for a driver's license under this chapter is not a citizen of the United States as provided under § 27-16-1105(a)(1)(D)(ii)-(xi), the expiration date of the driver's license shall be the shortest of:
(1) The period provided for under § 27-16-901(a)(1)(A); or
(2) The last date the applicant may be present in the United States under federal immigration laws, as verified by the Bureau of Citizenship and Immigration Services of the Department of Homeland Security according to:
(A)(i) The status completion date on a United States Customs and Border Protection Form I-94, Arrival/Departure Record or admission stamp.
(ii) If the applicant is the holder of a nonimmigrant visa as described in § 27-16-1105(a)(1)(D)(iv), an additional two hundred forty (240) days shall be allowed following the status completion date in subdivision (a)(2)(A)(i) of this section if the applicant presents a valid Form I-797C, Notice of Action; or
(B) If the applicant is a spouse or minor child as described under 8 U.S.C. § 1101(a)(15)(F)(ii) as in effect on January 1, 2013, of a bona fide student under 8 U.S.C. § 1101(a)(15)(F)(i) as in effect on January 1, 2013, who has been given authorization for optional practical training under 8 C.F.R. § 214.2(f)(10)(ii) as in effect on January 1, 2013, the end date on the employment authorization document issued by the Bureau of Citizenship and Immigration Services of the Department of Homeland Security for the bona fide student.
(b) The Office of Driver Services may renew the driver's license only if it is demonstrated that the applicant's continued presence in the United States is authorized under federal law.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-1111
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-16-1111. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-16-1112. Expiration of identification card when the applicant is not a United States citizen.
(a) If an applicant for an identification card under this chapter is not a citizen of the United States as provided under § 27-16-1105(a)(1)(D)(ii)-(xi), the expiration date of the identification card shall be the shorter of:
(1) The period provided for under § 27-16-805(b); or
(2) The last date the applicant may be present in the United States under federal immigration laws, as verified by United States Immigration and Customs Enforcement of the Department of Homeland Security according to:
(A)(i) The status completion date on a United States Customs and Border Protection Form I-94, Arrival/Departure Record or admission stamp.
(ii) If the applicant is the holder of a nonimmigrant visa as described in § 27-16-1105(a)(1)(D)(iv), an additional two hundred forty (240) days shall be allowed following the status completion date in subdivision (a)(2)(A)(i) of this section if the applicant presents a valid Form I-797C, Notice of Action; or
(B) If the applicant is a spouse or minor child as described under 8 U.S.C. § 1101(a)(15)(F)(ii) as in effect on January 1, 2013, of a bona fide student under 8 U.S.C. § 1101(a)(15)(F)(i) as in effect on January 1, 2013, who has been given authorization for optional practical training under 8 C.F.R. § 214.2(f)(10)(ii) as in effect on January 1, 2013, the end date on the employment authorization document issued by the Bureau of Citizenship and Immigration Services of the Department of Homeland Security for the bona fide student.
(b) The Office of Driver Services may renew the card only if it is demonstrated that the applicant's continued presence in the United States is authorized under federal law.
(c) This section shall not limit
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-16-1112
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-16-1112. This identifies an authority to review, not proof of applicability.