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.
SB 2322 amends Mississippi’s driver’s license law to add new restrictions and identification requirements. For non-U.S. citizens and people who do not have a Social Security number, the bill limits the form of license the Commissioner of Public Safety may issue to those who are lawfully present in the United States, requires the license to indicate that the holder is not a U.S. citizen, and makes the license expire when lawful presence ends. The bill also requires new, renewal, and duplicate driver’s licenses, temporary driving permits, and commercial driver’s licenses to display the holder’s sex as determined at birth, with only narrow exceptions for clerical error or certain documented sex-development conditions.
The bill further declares invalid in Mississippi any out-of-state driver’s license or permit issued to a person who could not prove lawful presence in the United States when it was issued. A peace officer who stops someone using such a license must cite the driver for driving without a license and refer the person to U.S. Immigration and Customs Enforcement, and certain other state officials who encounter such a license must also make an ICE referral. The Department of Public Safety is directed to adopt rules to implement the law, and the act includes a severability clause and a July 1, 2026 effective date.
SB 2322 would amend Section 63-1-35 of the Mississippi Code and expand the state’s driver’s license identification rules. It would add citizenship/lawful-presence labeling requirements, impose a birth-sex designation on licenses and permits, and create a state-law basis for treating certain out-of-state licenses as invalid if issued to persons unable to prove lawful presence. It also ties enforcement to existing driving-without-a-license penalties under Section 63-1-41 and requires referrals to federal immigration authorities, while directing the Department of Public Safety to promulgate implementing regulations.
The bill appears to have had strong support among its backers and enough legislative backing to pass both chambers and conference report adoption. The recorded votes show clear majorities in the Senate and House, suggesting the measure was broadly supported by most Republican members and opposed by most Democrats. No committee transcript is available, so the recorded votes are the main indicator of sentiment.
The most notable points of contention are the bill’s immigration-related provisions and its requirement that licenses display sex consistent with sex determined at birth. Supporters likely view the measure as an identification, public-safety, and enforcement bill, while opponents are likely to object to its effects on immigrants, its referral of drivers to ICE, and its treatment of gender/sex markers on state identification. The provision invalidating certain out-of-state licenses may also raise concerns about interstate recognition of driving privileges and the practical impact on noncitizen residents and visitors.