Colorado § 42-2-505 - Identification documents - individuals not lawfully present - rules.

§ 42-2-505. Identification documents - individuals not lawfully present - rules.

(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. Any information collected prior to May 23, 2025, for the purpose of demonstrating eligibility for an identification document in accordance with this part 5 for an individual who does not have lawful immigration status in the United States must be managed in accordance with the data privacy policy adopted by the department of revenue. 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;

(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 2025", Pub.L. 109-13, Division B, Title II, sec. 201 et seq., or any rules promulgated under the act; and

(c) and (d) Repealed.

(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 the earlier of January 1, 2027, or when the department is able to implement this subsection (1)(e)(II), 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 three times 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).

(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.

Source: L. 2013: Entire part added, (SB 13-251), ch. 402, p. 2353, § 4, effective August 7. L. 2018: IP(1) and (1)(c) amended, (SB 18-108), ch. 260, p. 1595, § 2, effective January 1, 2019. L. 2019: (1.5) added, (HB 19-1039), ch. 377, p. 3407, § 5, effective January 1, 2020. L. 2020: (1.5)(a) amended, (SB 20-166), ch. 280, p. 1372, § 4, effective July 13. L. 2021: (1.5)(a)(II) amended, (SB 21-266), ch. 423, p. 2808, § 43, effective July 2; (2)(a) amended, (SB 21-199), ch. 351, p. 2283, § 7, effective July 1, 2022. L. 2024: (1)(b) and (1)(e) amended and (4) added, (SB 24-182), ch. 435, p. 3044, § 1, effective March 31, 2025; (1)(c)(III) added by revision, (SB 24-182), ch. 435, pp. 3044, 3046, §§ 1, 3. L. 2025: IP(1) amended and (1)(d) repealed, (SB 25-276), ch. 240, p. 1211, § 3, effective May 23; (1)(e)(II) amended, (HB 25-1076), ch. 16, p. 65, § 15, effective August 6; (1.5)(b) amended, (HB 25-1312), ch. 205, p. 931, § 13, effective October 1, 2026.

Editor's note: Subsection (1)(c)(III) provided for the repeal of subsection (1)(c), effective March 31, 2025. (See L. 2024, pp. 3044, 3046.)

Cross references: (1) For the legislative declaration in SB 25-276, see section 1 of chapter 240, Session Laws of Colorado 2025.

(2) For the short title ("Kelly Loving Act") in HB 25-1312, see section 1 of chapter 205, Session Laws of Colorado 2025.