SANTA ANA, Calif. -- California on Friday will start taking driver's license applications from the nation's largest population of immigrants in the country illegally.
}The state Department of Motor Vehicles expects 1.4 million people will seek a license in the first three years of a program aimed at boosting road safety and making immigrants' lives easier.
New York allows undocumented immigrants to get driver's licenses. After threatening a veto earlier in the day, Gov. Andrew Cuomo signed the measure into law after the Senate passed it. “With a driver’s license, you feel much more secure,” said Hortencia, an undocumented immigrant from Oakland who declined to give her last name because of her legal status. Thus, any immigration or other law enforcement officer coming into contact with an individual using one of these documents immediately knows that the person they are dealing with has voluntarily self-identified as being unlawfully in the United States or is otherwise ineligible to obtain a regular drivers' license. Illegal aliens and their supporters apparently failed to recognize that giving driver's licenses to illegal aliens was a double-edged sword.
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California officials say they can't predict how many people will line up immediately to apply, but the number of people making appointments for a license more than doubled when immigrants were allowed to sign up. Appointments are required to apply for a license except at four newly-created DMV offices.
California Illegal Immigrant Driver License States
California is one of 10 states that now provide licenses to immigrants in the country illegally. The licenses issued to immigrants without legal status will include a distinctive marking and are not considered a valid form of federal identification.
Immigrants in the country illegally have not been allowed to apply for a driver's license in California since the state began requiring proof of legal presence during the 1990s.
Immigrant advocates have cheered the licenses as a way to integrate immigrants who must drive to work and shuttle children to school. But critics have questioned state officials' ability to verify the identity of foreign applicants, citing security concerns.
Law enforcement officials say the program will improve road safety because licensed drivers must be tested and insured. A DMV study of 23 years of crash data found that unlicensed drivers were more likely to cause a fatal collision than licensed drivers.
State insurance officials hope the change will increase the number of drivers holding auto insurance, though some immigrants say they have always held insurance even though they could not get a license.
Maritza Aguirre, 30, is one of them. She used to take a two-hour bus trip to work cleaning houses in driving-dependent Southern California. Now, she drives but lacks a license and fears her car might be impounded if she is ever stopped by police.
Microsoft.sqlserver.dts.runtime. 'For me, honestly, it is a blessing,' said Aguirre, who has an appointment this week to apply for a license. 'The relief of knowing they won't take your car is a big advantage.'
Advocates have encouraged immigrants to seek the license. But they are warning those with deportation orders or criminal records to first seek legal advice since law enforcement can access DMV data.
Applicants must submit proof of identity and state residency and pass written and road tests. Those who don't possess foreign government-issued identification on a list of approved documents can be interviewed by a DMV investigator to see if they qualify.
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Starting on Friday, immigrants who pass the initial hurdles will get a driving permit. But they must return for a driving test before they can get the new licenses, which will be marked with the words 'federal limits apply.'
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In a handful of U.S. states, including California, someone who was born in a country other than the U.S. and who has no legal immigration status in the U.S. can obtain a driver’s license. (The short term for such a person “undocumented.” You might also hear the slang term “illegal alien.”)
This article explains California’s law (referred to as AB 60, passed in 2013) on getting a driver’s license if you are an undocumented person.
Legal Implications of Obtaining a California Driver’s License
Getting a California driver’s license simply means that you are allowed to operate a vehicle within the state of California and to carry an identity card proving that fact.
Obtaining a California driver’s license does NOT give you any sort of legal status in the United States. California has no power to legalize your U.S. immigration status—this is a matter governed solely by federal law. That means, for example, that you cannot use your license for federal identification purposes or to vote in U.S. elections.
The main reason the California legislature passed this law was traffic safety. It noted various studies finding that around one in five fatal crashes involved a driver without a proper license; and that millions of California drivers lacked car insurance.
Eligibility for a California Driver’s License
As an undocumented person wondering whether you are eligible for a California driver’s license without legal status or a Social Security Number (SSN), the important issue is whether you can meet the terms set out AB 60. This law requires you to not only meet the same standards as other prospective drivers do (for example, understanding the traffic laws and having adequate vision), but to:
- be able to prove your identity
- be a resident of California, and
- swear in an affidavit (written statement) that you are ineligible for an SSN and unable to submit satisfactory proof that your presence in the U.S. is authorized by federal law. This affidavit will not be treated as a public record.
You will need to supply proof of your identity, such as a passport, consular card (matricula consular), or electoral card.
You will also need to submit proof of your residence in California, such as rental or lease agreements showing your and the landlord’s signature, mortgage and home utility bills in your name, school, medical, insurance, bank, and employment records, and so on. See the AB 60 Checklist page of the California Department of Motor Vehicles (DMV) website for more specific guidance on what documents to submit.
If you present documents in a language other than English, you will need to also submit a certified translation or an affidavit of translation into English.
California Drivers License Illegal Aliens
Application Process for a California Driver’s License
To apply, you can either make an appointment or show up at one of various driver license processing centers.
You will be expected to fill out an application form, pay fees, and pass a written exam and possibly a road sign test, an eye test, and a driving skills test. Study materials are available in a number of languages.
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For details, see the AB 60 Driver License page of the California DMV website.
What an Undocumented Person’s California Driver’s License Will Look Like
Your California driver’s license will bear the notation 'FEDERAL LIMITS APPLY.' That means anyone reading it will have a pretty good idea that you are not a U.S. citizen—but don’t panic. The law also forbids discrimination against people holding an AB 60 license, and California police do not, by and large, turn over undocumented people to federal immigration enforcement agents.
It remains true, however, that nothing stops federal immigration officials from arresting someone who holds an AB 60 license—perhaps after encountering them during a home or workplace raid, placing a hold on them after an arrest and imprisonment by law enforcement, or accessing the DMV files because they are searching for that person.
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Who Should NOT Apply for an AB 60 License in California
Think twice about applying if you have a record of driving while under the influence of alcohol or drugs (a DUI) or other criminal record, have been ordered deported (removed) in the past, or have used false documents to obtain a past drivers’ license. Consult with an attorney about the risks before applying.