MS 2025-01-K-Miller-January-30-2025-Acceptable-Forms-of-Identification-for-Vehicle-Registra 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.
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 AG opinions are persuasive authority but not binding precedent.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 at the bottom of this page, or PDF in the sidebar) 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

When a customer presents only a consular ID or a foreign passport, you cannot register the vehicle under Section 27-19-57. Document your refusal with a copy of this opinion and a written notice to the customer explaining the statutory basis. Train your front-line staff to recognize the difference between a US state-issued ID (driver's license, state ID card, US territory ID) and foreign-issued documents. The statute is binary: state/territory ID or no registration.

For immigrants and other Mississippi residents without a state ID

If you do not have a US state or territory driver's license or ID card, vehicle registration is closed to you under this opinion. Practical paths forward: (1) apply for a Mississippi driver's license or non-driver state ID at the Department of Public Safety if you are eligible, (2) check whether you qualify for a license in another US state, or (3) work with an attorney or community legal services organization on your specific situation. The opinion does not address insurance requirements or driving privileges separately.

For city and county attorneys

This opinion is the controlling guidance on Section 27-19-57's ID requirement. If a tax collector in your jurisdiction is asked to make exceptions, point them here. The opinion does not give the tax collector discretion to accept other documents; the statute lists what counts and CIDs and foreign passports are not on the list.

For policy advocates and journalists

The constraint here is statutory, not constitutional. If access to vehicle registration for non-US-ID-holders matters as a policy question, the conversation has to happen at the legislature, not at the AG's office. The AG's job here was to read what Section 27-19-57 says, and the statute draws a US-state-or-territory line.

Common questions

Can the tax collector accept a consular ID along with a US state document, like a Social Security card?
The opinion does not address combinations. The statute requires a driver's license or government ID issued by a US state or territory when ID is required. A Social Security card is federal, not state or territorial. If you only have foreign documents and a SSN card, the safest read is that registration cannot proceed under the statute.

What about a US passport?
The statute lists state-or-territory ID. A US passport is federally issued. The opinion does not directly say a US passport works, but the statutory text uses "any US state or territory, including DC" rather than "federal," so a US passport alone is also questionable under this strict reading. Confirm with your tax collector before relying on it.

What if the customer has an out-of-state driver's license?
Yes, that satisfies the statute. The whole point of the statute is to prohibit demanding a Mississippi-specific license. Any US state or territory driver's license works.

Does this affect car insurance separately?
No. This opinion only addresses ID for vehicle registration. Auto insurance underwriting and proof-of-insurance requirements are governed by other statutes and the insurer's policies.

What about Tribal IDs from federally recognized tribes?
The opinion does not address tribal IDs. They are not state or territorial. Practical guidance varies by county; ask your tax collector before showing up.

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).]