(1) Documents issued. An individual who is not lawfully present may apply for an identification document in accordance with this part 5. The department shall issue an identification document to an applicant who:

(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. 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; and

(b)

(I) Signs an affidavit that the applicant is currently a resident and presents proof of return filing for the immediately preceding year and evidence of residence in Colorado that conforms to the standards of Pub.L. 109-13, Division B, Title II, sec. 201 et seq. or any rules promulgated under Pub.L. 109-13, Division B, Title II, sec. 201 et seq.; or

(II) Signs an affidavit that the applicant has continuously been a resident in Colorado for the immediately preceding twenty-four months and presents evidence of residence in Colorado for the immediately preceding twenty-four months that conforms to the standards of Pub.L. 109-13, Division B, Title II, sec. 201 et seq. or any rules promulgated under Pub.L. 109-13, Division B, Title II, sec. 201 et seq.; and

(c) Documents an individual taxpayer identification number issued by the United States internal revenue service; and

(c)

(I) Documents an individual taxpayer identification number issued by the United States internal revenue service; or

(II) Documents a social security number issued by the United States social security administration, which documentation may include a social security card or any other documentation acceptable to the department as provided by rule if the federal government confirms the individual's social security number. This confirmation must include electronic confirmation through the social security online verification system commonly known as SSOLV; and

(d) Affirms in an affidavit signed by the applicant that the applicant has applied to be lawfully present within the United States or will apply to be lawfully present as soon as the applicant is eligible; and

(e) Presents one of the following from the applicant's country of origin:

(I) A passport;

(II) A consular identification card; or

(III) A military identification document.

(2) Document contents. (a) On an identification document issued under this section, the department shall place the phrase "Not valid for federal identification, voting, or 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).