Title 31
Motor and Other Vehicles

Chapter 10.4
Driver Privilege Cards and Permits; State Identification Cards

§ 31-10.4-2.1. Issuance of state identification cards to individuals unable to establish legal presence.

(a) Effective January 1, 2024, Rhode Island state identification cards issued pursuant to § 31-10.4-1 shall confer the same privileges and shall be subject to the same provisions as those issued under chapter 8 of title 3, unless otherwise provided, and shall be subject to the following conditions and exceptions:

(1) The front and back of a Rhode Island state identification card issued pursuant to § 31-10.4-1 shall be identical in appearance to an identification card issued pursuant to §§ 3-8-6 and 3-8-6.1, respectively, that is not a REAL ID credential;

(2) An applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-1 shall not be required to present proof of legal presence in the United States or proof of a social security number, if the individual does not have one;

(3) No applicant shall be required to provide proof of compliance with § 31-10.4-1(a)(1) through (a)(3) for a reissued, renewed, or duplicate Rhode Island state identification card issued pursuant to § 31-10.4-1; and

(4) Any information collected pursuant to this section, that is not otherwise collected by the division of motor vehicles or required for the issuance of an identification card issued under chapter 8 of title 3 and any information regarding restrictions in the division of motor vehicles’ records, related to the issuance of a credential issued pursuant to this section, shall not be considered a public record. The information shall not be released, except upon request by the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, or the authorized representative of the subject of the information, or pursuant to a court order.

(b) A Rhode Island state identification card issued to any person who is unable to establish legal presence in the United States shall not be a valid form of identification for official federal purposes or state voting purposes.

(c) The applicant for a Rhode Island state identification card issued pursuant to § 31-10.4-1 shall be required to comply with all other applicable Rhode Island laws, rules, and regulations.

(d) A Rhode Island state identification card issued pursuant to § 31-10.4-1 shall not be used as evidence of the holder’s citizenship or immigration status, and shall not be used as a basis for a criminal investigation, arrest, or detention in circumstances where a person with a regular Rhode Island state identification card would not be criminally investigated, arrested, or detained. Any person aggrieved by a violation of this subsection may seek appropriate declaratory and/or injunctive relief and may be awarded damages and costs, including attorneys’ fees.

(e) It shall be a violation of chapter 112 of title 42 to discriminate against an individual solely on the ground that they hold or present a Rhode Island state identification card issued under this section.

(f) No person who holds an operator’s license or a driver privilege card or permit issued by this state under this chapter or any other state shall be issued a Rhode Island state identification card pursuant to § 31-10.4-1.