Senator · R-AR
The bill trades stronger federal leverage to standardize immigration-related licensing and improve enforcement and information-sharing — protecting funding for cooperating states — against reduced license access for immigrants, risks to public-safety participation, potential infrastructure funding losses for noncompliant states, and legal and administrative burdens.
States that cooperate with federal immigration verification keep full federal highway funding, avoiding multi-percent funding reductions and protecting ongoing road and bridge projects.
Drivers and the public could see safer, more consistent licensing practices because states have a financial incentive to verify lawful presence and standardize licensing rules.
Federal and state authorities could improve information sharing and coordination on immigration-related records, supporting national security and enforcement objectives.
Immigrants and mixed-status families could lose or have reduced access to driver's licenses, limiting mobility for work, school, and essential services.
States that refuse or fail to meet the immigration-related conditions risk losing 5–10% of federal highway apportionments, delaying road and transit projects and potentially forcing higher local taxes or project reprioritization.
Immigrants may avoid interacting with DMVs and other state agencies out of fear of immigration enforcement, reducing participation in vehicle registration, insurance, and safety programs and potentially harming public safety.
Based on analysis of 3 sections of legislative text.
Conditions a portion of federal highway funding on state compliance with federal immigration information-sharing, driver’s license lawful-presence rules, and cooperation with ICE detainers.
Official title: Amend title 23, United States Code, to condition Federal highway funding on State compliance with Federal immigration enforcement policies related to driver's licensing and information sharing, and for other purposes.
Introduced February 4, 2026 by Thomas Bryant Cotton · Last progress February 4, 2026
Conditions a portion of federal highway aid on state compliance with federal immigration-information sharing, driver’s license proof-of-lawful-presence rules, and cooperation with federal immigration detainers. Beginning October 1, 2026, the Secretary of Transportation must withhold 5% of certain highway apportionments from noncompliant states (10% in later years) until the state cures the deficiencies. The bill requires annual state certifications, allows federal audits and technical assistance, authorizes the Secretary to issue regulations and appeals procedures, and adds the new provision into title 23 of U.S. Code.