MS Op. to Miller January 30, 2025

Can a Mississippi tax collector accept a consular ID card or a foreign passport to register a vehicle?

Short answer: No. While Section 27-19-57 does not allow a Mississippi tax collector to demand a Mississippi driver's license specifically, when proof of ID is required, it must be a driver's license or other government ID issued by a US state or territory. Consular ID cards and foreign passports do not qualify.

Apply this to your situation

This page answers the general question as of 2025. Ezel answers yours: what it means for your facts, under current Mississippi law, with citations.

Disclaimer: This is an official Mississippi Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original AG opinion (PDF)

Plain-English summary

The Jackson County tax collector asked whether his office could accept a consular ID card (also called a CID, issued by a foreign country's embassy or consulate to its citizens living in the US) or a foreign passport when someone shows up to register a vehicle.

The AG said no. Mississippi Code Section 27-19-57 does two things at once. First, it bars tax collectors from demanding a Mississippi driver's license specifically, so an out-of-state driver's license has to be accepted. Second, when ID is required at all, the statute lists what counts: a driver's license or other government identification issued by any US state or territory, including DC.

A consular ID is issued by a foreign government, not a US state or territory. Same with a foreign passport. So neither one satisfies the statute. If the customer cannot produce a US-state-issued ID, the registration cannot proceed under Section 27-19-57.

What this means for you

For tax collectors and DMV-style staff

The opinion holds that when proof of identification is required at vehicle registration, Section 27-19-57(5) requires "a driver's license or other government identification issued from any US state or territory, including the District of Columbia," and that neither a consular ID nor a foreign passport satisfies it because both are issued by a foreign government rather than a US state or territory. It also holds the statute bars a tax collector from requiring a Mississippi driver's license specifically.

For immigrants and other Mississippi residents without a state ID

The opinion holds that a consular ID card and a foreign passport are not sufficient identification for vehicle registration under Section 27-19-57, because they are not government identification issued from a US state or territory. The opinion addresses only that ID question and does not address driving privileges, insurance, or eligibility for any particular state ID.

For city and county attorneys

The opinion holds that, when ID is required, Section 27-19-57(5) is satisfied only by a driver's license or government ID from a US state or territory (including DC). It does not give the tax collector discretion to accept a consular ID or foreign passport in place of that.

What the opinion does not decide

The question presented was narrow: whether a consular ID or foreign passport is sufficient for vehicle registration under Section 27-19-57. The opinion answers only that. It draws the line at the statute's "any US state or territory" text and does not address other document types.

Common questions

What if the customer has an out-of-state driver's license?
The opinion holds that the statute lists "a driver's license or other government identification issued from any US state or territory, including the District of Columbia." A driver's license from another US state or territory falls within that text; the statute's first prong specifically bars requiring a Mississippi driver's license.

Why don't a consular ID or foreign passport qualify?
The opinion holds that a consular ID (a photo ID some governments issue to their citizens living abroad) and a foreign passport are each issued by a foreign government, so neither is "government identification issued from a US state or territory" under Section 27-19-57.

Does this opinion address car insurance or driving privileges?
No. The opinion answers only whether a consular ID or foreign passport is sufficient identification for vehicle registration under Section 27-19-57.

What about other documents, like a US passport or a tribal ID?
The opinion does not address those. The question presented was limited to consular IDs and foreign passports, and the opinion's analysis turns on the statute's "any US state or territory" language.

Background and statutory framework

Mississippi Code Section 27-19-57(5) sets the rule for ID at vehicle registration:

No tax collector shall require a person to provide a Mississippi driver's license as a condition for the registration of a vehicle, provided that such person, if required, must show proof of identification in the form of a driver's license or other government identification issued from any US state or territory, including the District of Columbia.

The statute has two prongs. The first prohibits a tax collector from making registration conditional on a Mississippi driver's license; the second tells the tax collector what counts when ID is required. The AG read the second prong narrowly: only a driver's license or government ID from a US state or territory satisfies it.

Consular ID cards (CIDs) are photo IDs issued by foreign governments through their embassies or consulates to their citizens living abroad. The AG cited a federal court description in Buquer v. City of Indianapolis explaining what consular IDs are. They are issued by the foreign government, so they are not US state or territory ID for purposes of Section 27-19-57. A foreign passport is similarly issued by a foreign government, not a US state or territory.

Citations

  • Miss. Code Ann. § 27-19-57(5) (vehicle registration ID requirement)
  • Buquer v. City of Indianapolis, 797 F. Supp. 2d 905, 912 (S.D. Ind. 2011) (description of consular identification documents)

Source

Original opinion text

January 30, 2025

Mr. Kevin Miller
Jackson County Tax Collector
Post Office Box 998
Pascagoula, Mississippi 39568

Re: Acceptable Forms of Identification for Vehicle Registration

Dear Mr. Miller:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

Is a consulate ID and/or foreign passport a sufficient form of identification for the registration of a vehicle pursuant to Mississippi Code Annotated Section 27-19-57?

Brief Response

While Section 27-19-57 does not require "a Mississippi driver's license as a condition for the registration of a vehicle . . . ," it does acknowledge that proof of ID may be required, and in those situations, neither a consulate ID nor a foreign passport is sufficient.

Applicable Law and Discussion

Section 27-19-57(5) provides:

No tax collector shall require a person to provide a Mississippi driver's license as a condition for the registration of a vehicle, provided that such person, if required, must show proof of identification in the form of a driver's license or other government identification issued from any US state or territory, including the District of Columbia.

(emphasis added).

A consulate ID, also known as a consular identification card or CID, is a photo identification card that some governments issue to their citizens living in a foreign country. A consulate ID is not government identification issued from a US state or territory. Likewise, a foreign passport is not government identification issued from a US state or territory. Accordingly, while Section 27-19-57 does not require "a Mississippi driver's license as a condition for the registration of a vehicle . . . ," because the statute acknowledges that proof of ID may be required, in those situations, neither a consulate ID nor a foreign passport is sufficient.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General

[Footnote 1: See Buquer v. City of Indianapolis, 797 F. Supp. 2d 905, 912 (S.D. Ind. 2011) ("Consular identification documents ('CIDs') are photo identification cards issued by many embassies and consulates, including the United States, to encourage their citizens abroad to register with the consulates so that they can receive standard consular services, be notified if necessary, and be located upon inquiry by relatives and authorities.") (internal quotations and citation omitted).]

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