(a)
Prohibition— A State shall be subject to the penalties described in subsection (b) if the State—
(1)
issues a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States; or
(2)
prohibits or restricts a State or local government entity or official from collecting, sending to, or receiving from the Department of Homeland Security immigration enforcement information.
(b)
Penalty— A State described in subsection (a) shall—
(1)
in the case of a State described in subsection (a)(1), not later than 30 days after the date on which a driver license is issued to an individual who does not have proof of United States citizenship or lawful presence in the United States, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds;
(2)
in the case of a State described in subsection (a)(2), not later than 30 days after the date of enactment of this Act, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds; and
(3)
be ineligible to receive Edward Byrne Memorial Justice Assistance Grant Program funds until the date on which the State institutes a law or policy that—
(A)
prohibits the issuance of a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States; and
(B)
permits a local or State government entity or official to collect and send to and receive from the Department of Homeland Security immigration enforcement information.