Identification privilege cards; fee, confidentiality, penalties. (HB2138)

Introduced By

Del. Elizabeth Guzman (D-Dale City) with support from co-patrons Del. Patrick Hope (D-Arlington), Del. Paul Krizek (D-Alexandria), Del. Ken Plum (D-Reston), and Del. Shelly Simonds (D-Newport News)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Identification privilege cards; fee; confidentiality; penalties. Authorizes the Department of Motor Vehicles to issue identification privilege cards to applicants who do not meet the citizenship or legal presence requirements for a special identification card or a limited-duration special identification card and have reported income from Virginia sources or been claimed as a dependent on an individual tax return filed with the Commonwealth in the preceding 12 months. The bill provides that identification privilege cards shall be treated as special identification cards unless otherwise provided in the Code of Virginia. The bill limits the release of certain information stored by the Department. The bill has a delayed effective date of January 1, 2022. Read the Bill »


01/21/2021: passed committee


01/12/2021Prefiled and ordered printed; offered 01/13/21 21102728D
01/12/2021Referred to Committee on Transportation
01/13/2021Impact statement from VCSC (HB2138)
01/17/2021Assigned Transportation sub: Transportation Innovations and General Topics
01/19/2021House subcommittee amendments and substitutes offered
01/19/2021Subcommittee recommends reporting with amendments (6-Y 2-N)
01/19/2021Subcommittee recommends referring to Committee on Appropriations
01/21/2021Reported from Transportation with amendment(s) (13-Y 8-N) (see vote tally)
01/22/2021Read first time


Laura Martinez writes:

HB 2138 Identification privilege cards; fee, confidentiality, penalties.


Who we are: ACLU People Power Fairfax is an independent grassroots organization that advocates for equal justice for all members of the community, including undocumented immigrants, regardless of race or ethnicity. Our primary focus is to protect local immigrants by ending the County’s voluntary cooperation with ICE. Our efforts reflect the views of our members, not necessarily those of the ACLU Virginia affiliate.

The Code of Virginia was amended in 2020 by allowing the issuing of driver privilege cards to applicants so do not meet the citizenship or legal presence for a driver’s license. While this step was an improvement on the situation of immigrants in the Commonwealth, especially the undocumented, the issue of Commonwealth issued identification cards was not contemplated at the time. We would like to point out that not everyone who needs a form of identification is a driver. Legal identity is a fundamental human right, which enables individuals to access rights, benefits and responsibilities in their country of residence. We consider that the adoption of an identification card for our immigrants in the Commonwealth, with the appropriate measures regarding privacy and confidentiality, will go a long way in making them feel more secure, and go about their daily lives like Virginians normally do, free from fear of being deported

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