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Colorado Revised Statutes Title 42. Vehicles and Traffic § 42-2-505. Identification documents--individuals not lawfully present--rules

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)Documents issued. An individual who is not lawfully present in the United States may apply for an identification document in accordance with this part 5. The department shall issue an identification document to an applicant who:

(a) Qualifies for the document applied for except for qualifications that conflict with this section; and

<Text of (1)(b) effective until March 31, 2025>

(b)(I) Signs an affidavit that the applicant is currently a resident and presents proof of return filing for the immediately preceding year and evidence of residence in Colorado that conforms to the standards of Pub.L. 109-13, Division B, Title II, sec. 201 et seq., or any rules promulgated under Pub.L. 109-13, Division B, Title II, sec. 201 et seq.; or

(II) Signs an affidavit that the applicant has continuously been a resident in Colorado for the immediately preceding twenty-four months and presents evidence of residence in Colorado for the immediately preceding twenty-four months that conforms to the standards of Pub.L. 109-13, Division B, Title II, sec. 201 et seq., or any rules promulgated under Pub.L. 109-13, Division B, Title II, sec. 201 et seq.; and

<Text of (1)(b) effective March 31, 2025>

(b) Signs an affidavit that the applicant is currently a resident and presents evidence of residence in Colorado that conforms to the standards of the federal “REAL ID Act of 2005”, Pub.L. 109-13, Division B, Title II, sec. 201 et seq., or any rules promulgated under the act;

<Text of (1)(c) effective until March 31, 2025>

(c)(I) Documents an individual taxpayer identification number issued by the United States internal revenue service; or

(II) Documents a social security number issued by the United States social security administration, which documentation may include a social security card or any other documentation acceptable to the department as provided by rule if the federal government confirms the individual's social security number. This confirmation must include electronic confirmation through the social security online verification system commonly known as SSOLV.

<Text of (1)(c) effective March 31, 2025>

(c) Repealed by Laws 2024, Ch. 435 (S.B. 24-182), § 1, eff. March 31, 2025.

(d) Affirms in an affidavit signed by the applicant that the applicant has applied to be lawfully present within the United States or will apply to be lawfully present as soon as the applicant is eligible; and

<Text of (1)(e) effective until March 31, 2025>

(e) Presents one of the following from the applicant's country of origin:

(I) A passport;

(II) A consular identification card; or

(III) A military identification document.

<Text of (1)(e) effective March 31, 2025>

(e) Presents one of the following documents that is unexpired or has expired less than ten years before the date of the individual's application for an identification document:

(I) From the applicant's country of origin:

(A) A passport;

(B) A consular identification card; or

(C) A military identification document;

(II) On and after January 1, 2027, an identifying document or a combination of identifying documents issued by an agency of the United States government or its contractors or subcontractors in accordance with rules promulgated by the department in accordance with subsection (4) of this section.

(1.5)(a) The department shall issue a new identification document to a person who has a gender different from the sex denoted on that person's identification document when the department receives a new birth certificate issued pursuant to section 25-2-113.8 or when the department receives:

(I) A statement, in a form or format designated by the department, from the person, or from the person's parent if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, confirming the sex designation on the person's identification document does not align with the person's gender identity; and

(II) If the person is a minor under the age of eighteen, a statement, in a form or format designated by the department, signed under penalty of law, from a professional medical or mental health-care provider licensed in good standing in Colorado or with an equivalent license in good standing from another jurisdiction, stating that the sex designation on the identification document does not align with the minor's gender identity. This subsection (1.5)(a)(II) does not require a minor to undergo any specific surgery, treatment, clinical care, or behavioral health care.

(b) The department may only amend a sex designation for an individual's identification document one time upon the individual's request. Any further requests from the individual for additional sex designation changes require the submission of a court order indicating that the sex designation change is required.

(2)Document contents.(a) On an identification document issued pursuant to this section, the department shall place the phrase “Not valid for federal identification, voting, or federal public benefit purposes” clearly displayed on the face and incorporated into the machine readable zone. The department may use a substantially similar phrase if required by federal law.

(b) The department shall design the identification document issued under this section to be distinguishable from another identification document issued under this article in compliance with federal law.

(3)Graduated driver's license requirements. To be issued a minor driver's license under this section, an applicant who is under eighteen years of age must comply with section 42-2-104(4).

<Text of (4) effective March 31, 2025>

(4)Rules. The department shall promulgate rules establishing exceptions processing to issue an identification document in accordance with this section and determining the types of documents, the standards for the documents, and the combination of the documents issued by an agency of the United States government or its contractors or subcontractors. The rules must address the following documents:

(a) An identifying document issued by the United States department of homeland security, its contractors or subcontractors, or the United States department of justice, including Form I-862, Notice to Appear; Form I-200, Warrant for Arrest of Alien; Form I-205, Warrant of Deportation; Form I-220A, Order of Release on Recognizance; and Form 220B, Order of Supervision, or the successor to any of the listed forms;

(b) An identification document issued under the intensive supervision appearance program by the United States immigration and customs enforcement agency within the United States department of homeland security;

(c) A verification-of-release document issued by the office of refugee resettlement in the United States department of health and human services;

(d) A voter identification document with a photograph; or

(e) A driver's license, instruction permit, or identification card.

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Cite this article: FindLaw.com - Colorado Revised Statutes Title 42. Vehicles and Traffic § 42-2-505. Identification documents--individuals not lawfully present--rules - last updated January 01, 2025 | https://codes.findlaw.com/co/title-42-vehicles-and-traffic/co-rev-st-sect-42-2-505/

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