§ 1-197. Entities authorized to print identification documents, cards and certificates; Issuance of certain documents limited to citizens, nationals and legal permanent resident aliens.
A. The following entities may create, publish or otherwise manufacture an identification document, identification card, or identification certificate and may possess an engraved plate or other such device for the printing of such identification; provided, the name of the issuing entity shall be clearly printed upon the face of the identification:
1. Businesses, companies, corporations, service organizations and tribal governmental agencies for employee identification which is designed to identify the bearer as an employee;
2. Businesses, companies, corporations and service organizations for customer identification which is designed to identify the bearer as a customer or member;
3. Tribal government agencies for purposes authorized or required by law or any legitimate purpose consistent with the duties of such an agency, including, but not limited to, voter identification cards, driver licenses, nondriver identification cards, passports, birth certificates and social security cards;
4. Any tribal school or tribal or private educational institution, to identify the bearer as an administrator, faculty member, student or employee;
5. Any professional organization or labor union to identify the bearer as a member of the professional organization or labor union; and
6. Businesses, companies or corporations which manufacture medical-alert identification for the wearer thereof.
B. All identification documents as provided for in subsection (A)(3) or (A)(4) of this section shall be issued only to United States citizens, nationals and legal permanent resident aliens.
C. The provisions of subsection (B) of this section shall not apply when an applicant presents, in person, valid documentary evidence of:
1. A valid, unexpired immigrant or nonimmigrant visa status for admission into the United States;
2. A pending or approved application for asylum in the United States;
3. Admission into the United States in refugee status;
4. A pending or approved application for temporary protected status in the United States;
5. Approved deferred action status; or
6. A pending application for adjustment of status to legal permanent residence status or conditional resident status.
Upon approval, the applicant may be issued an identification document provided for in subsection (A)(3) or (A)(4) of this section. Such identification document shall be valid only during the period of time of the authorized stay of the applicant in the United States or, if there is no definite end to the period of authorized stay, a period of one year. Any identification document issued pursuant to the provisions of this subsection shall clearly indicate that it is temporary and shall state the date that the identification document expires. Such identification document may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the identification document has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.
D. The provisions of subsection (B) of this section shall not apply to an identification document described in subsection (A)(4) of this section that is only valid for use on the campus or facility of that educational institution and includes a statement of such restricted validity clearly and conspicuously printed upon the face of the identification document.
E. Any driver license issued to a person who is not a United States citizen, national or legal permanent resident alien 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 (C) of this section; provided, that, at the time the application is made, the driver license has not expired, or been canceled, suspended or revoked. The requirements of subsection (C) of this section shall apply, however, to a renewal, duplication or reissuance if the Department of Public Safety is notified by a local, state or federal government agency of information in the possession of the agency indicating a reasonable suspicion that the individual seeking such renewal, duplication or reissuance is present in the United States in violation of law. The provisions of this subsection shall not apply to United States citizens, nationals or legal permanent resident aliens. ONCA 13-25, eff. Apr. 19, 2013.