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2017 SESSION
17105161DBe it enacted by the General Assembly of Virginia:
1. That § 46.2-328.1 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-328.1. Licenses, permits and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or those authorized to be in the United States by a federal court or federal agency; exceptions; renewal, duplication, or reissuance.
A. Notwithstanding any other provision of this title, except as provided in subsection G of § 46.2-345, the Department shall not issue an original license, permit, or special identification card to any applicant who has not presented to the Department, with the application, valid documentary evidence that the applicant is either (i) a citizen of the United States, (ii) a legal permanent resident of the United States, or (iii) a conditional resident alien of the United States.
B. Notwithstanding the provisions of subsection A and the
provisions of §§ 46.2-330 and 46.2-345, (i) an applicant who presents in
person current and valid documentary evidence of (i) (a) a
valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into
the United States, (ii) (b) a pending or approved application for
asylum in the United States, (iii) (c) entry into the United
States in refugee status, (iv) (d) a pending or approved
application for temporary protected status in the United States, (v)
(e) approved deferred action status, or (vi) (f) a pending
application for adjustment of status to legal permanent residence status or
conditional resident status, and (ii) persons who present in person
current and valid documentary evidence of qualification under the following exemptions
as of July 1, 2017, and who are (a) aliens granted parolee status, (b) aliens
granted cancellation of removal or suspension of deportation, (c) aliens
present in the United States with pending asylee or refugee relative petitions,
(d) beneficiaries of family unity protection benefits, (e) aliens determined to
be battered spouses, parents, and children, (f) aliens determined to be victims
of severe forms of human trafficking in persons, (g) applicants under the
Nicaraguan Adjustment and Central American Relief Act, the Haitian Refugee
Immigration Fairness Act, or the Cuban-Haitian Adjustment Act, (h) aliens with
pending legalization applications, special agricultural worker applications,
and Legal Immigration Family Equity Act legalization applications, (i) aliens
granted voluntary departure, (j) aliens granted stay of removal, (k) aliens
granted withholding of removal, (l) aliens with applications pending for
suspension of deportation or cancellation of removal, (m) aliens granted
deferred enforced departure, (n) aliens against whom a final order of removal
exists but who are released under an order of supervision, or (o) other aliens
legally authorized by a federal court or federal agency with jurisdiction over
immigration to remain in the United States may be issued a temporary
license, permit, or special identification card. Such temporary license,
permit, or special identification card shall be valid only during the period of
time of the applicant's authorized stay in the United States or if there is no
definite end to the period of authorized stay a period of one year. No license,
permit, or special identification card shall be issued if an applicant's
authorized stay in the United States is less than 30 days from the date of
application. Any temporary license, permit, or special identification card
issued pursuant to this subsection shall clearly indicate that it is temporary
and shall state the date that it expires. Such a temporary license, permit or
identification card may be renewed only upon presentation of valid documentary
evidence that the status by which the applicant qualified for the temporary
license, permit or special identification has been extended by the United
States Immigration and Naturalization Service or the Bureau of Citizenship and
Immigration Services of the Department of Homeland Security a federal
court or federal agency with jurisdiction over immigration.
C. Any license or special identification card for which an application has been made for renewal, duplication or reissuance shall be presumed to have been issued in accordance with the provisions of subsection A, provided that, at the time the application is made, (i) the license or special identification card has not expired or been cancelled, suspended or revoked or (ii) the license or special identification card has been canceled or suspended as a result of the applicant having been placed under medical review by the Department pursuant to § 46.2-322. The requirements of subsection A shall apply, however, to a renewal, duplication or reissuance if the Department is notified by a local, state or federal government agency that the individual seeking such renewal, duplication or reissuance is neither a citizen of the United States nor legally in the United States.
D. The Department shall cancel any license, permit, or special identification card that it has issued to an individual if it is notified by a federal government agency that the individual is neither a citizen of the United States nor legally present in the United States.
E. For any applicant who presents a document pursuant to this section proving legal presence other than citizenship, the Department shall record and provide to the State Board of Elections monthly the applicant's document number, if any, issued by an agency or court of the United States government.