6 C.F.R. Part 37, “Real ID Driver’s Licenses and Identification Cards.”

§ 37.23

6 CFR Ch. I (1–1–20 Edition)

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who has temporary lawful status in the
United States.
(a) States must require, before
issuing a temporary or limited-term
driver’s license or identification card
to a person, valid documentary evidence, verifiable through SAVE or
other DHS-approved means, that the
person has lawful status in the United
States.
(b) States shall not issue a temporary
or limited-term driver’s license or
identification card pursuant to this
section:
(1) For a time period longer than the
expiration of the applicant’s authorized
stay in the United States, or, if there is
no expiration date, for a period longer
than one year; and
(2) For longer than the State’s maximum driver’s license or identification
card term.
(c) States shall renew a temporary or
limited-term driver’s license or identification card pursuant to this section
and § 37.25(b)(2), only if:
(1) the individual presents valid documentary evidence that the status by
which the applicant qualified for the
temporary or limited-term driver’s license or identification card is still in
effect, or
(2) the individual presents valid documentary evidence that he or she continues to qualify for lawful status
under paragraph (a) of this section.
(d) States must verify the information presented to establish lawful status through SAVE, or another method
approved by DHS.
(e) Temporary or limited-term driver’s licenses and identification cards
must clearly indicate on the face of the
license and in the machine readable
zone that the license or card is a temporary or limited-term driver’s license
or identification card.
§ 37.23 Reissued REAL ID driver’s licenses and identification cards.
(a) State procedure. States must establish an effective procedure to confirm or verify an applicant’s identity
each time a REAL ID driver’s license
or identification card is reissued, to ensure that the individual receiving the
reissued REAL ID driver’s license or
identification card is the same individual to whom the driver’s license or

identification card was originally
issued.
(b) Remote/Non-in-person reissuance.
Except as provided in paragraph (c) of
this section a State may conduct a
non-in-person (remote) reissuance if
State procedures permit the reissuance
to be conducted remotely. Except for
the reissuance of duplicate driver’s licenses and identification cards as defined in this rule, the State must
reverify pursuant to § 37.13, the applicant’s SSN and lawful status prior to
reissuing the driver’s license or identification card.
(c) In-person reissuance. The State
may not remotely reissue a driver’s license or identification card where
there has been a material change in
any personally identifiable information
since prior issuance. All material
changes must be established through
an applicant’s presentation of an original source document as provided in
this subpart, and must be verified as
specified in § 37.13.
§ 37.25 Renewal of REAL ID driver’s licenses and identification cards.
(a) In-person renewals. States must
require holders of REAL ID driver’s licenses and identification cards to
renew their driver’s licenses and identification cards with the State DMV in
person, no less frequently than every
sixteen years.
(1) The State DMV shall take an updated photograph of the applicant, no
less frequently than every sixteen
years.
(2) The State must reverify the renewal applicant’s SSN and lawful status through SSOLV and SAVE, respectively (or other DHS-approved means)
as applicable prior to renewing the
driver’s license or identification card.
The State must also verify electronically information that it was not able
to verify at a previous issuance or renewal if the systems or processes exist
to do so.
(3) Holders of temporary or limitedterm REAL ID driver’s licenses and
identification cards must present evidence of continued lawful status via
SAVE or other method approved by
DHS when renewing their driver’s license or identification card.

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