Posted on May 22, 2018 Show
As of January 1, 2015, undocumented immigrants have been able to get a driver’s license in California. Known as an “AB 60 license,” it is available from the California DMV without a social security number to immigrants who can prove they are California residents. An AB60 license allows an undocumented immigrant to:
To date, more than one million undocumented immigrants have received AB60 driver’s licenses. Should I get an AB license in California?Whether an undocumented immigrant should get a California AB 60 license is a personal decision. The Trump administration’s crackdown on unlawful immigration has made this a closer call than it used to be. But, in general, we still recommend getting an AB60 license if:
Is it safe for an undocumented immigrant to apply for a driver’s license?If an immigrant has not violated the law, it is generally safe to apply for a driver’s license. Under California law, state and local law enforcement agencies may not:
But an immigrant may still be arrested in any situation in which someone who is here lawfully could be arrested. For instance, if someone had previously used a fake name or social security number to get a license, that person could be charged under California’s fraud laws. Or a driver was weaving and smelled of alcohol, an officer could lawfully arrest that person for drunk driving. Can the DMV share my immigration status with federal authorities?Yes, but only if it gets a specific request from the Department of Homeland Security. So if ICE is already looking for someone, the DMV can provide DHS with the person’s address and photo. Otherwise, the DMV will not tell the federal government an immigrant is seeking a license. How does California’s new “sanctuary state” law affect drivers?Thanks to Senate Bill 54, California became a so-called “sanctuary state” on January 1, 2018. As a result, state and local law enforcement officers may not generally:
This means that local and state law enforcement officers cannot notify federal authorities when presented with an AB60 license. What happens if I drive without a license?Driving without a license can be charged as either:
An infraction is similar to a parking ticket. It can be punished only by a fine. This is usually how a first conviction for driving without a license is charged. But, this is not guaranteed. And subsequent convictions are more likely to be charged as a misdemeanor. This can result in a higher fine and possibly time in jail. It would also give the driver a criminal record. Can driving without a license get an undocumented immigrant deported?In California, the answer is “no.” But that doesn’t necessarily mean the immigrant won’t be charged with removal. It only means that the immigrant should be able to win in immigration court. This might involve fighting the case. We think it’s better and safer for an immigrant to drive lawfully in the first place. An immigrant who cannot do so should consider other means of transportation. The limitations of an AB60 licenseAn AB 60 license is not valid for official federal purposes. In fact, the words “Federal Limits Apply” are marked clearly in the upper right-hand corner. As a result, it does not allow an immigrant to obtain employment or government benefits. More importantly, it does not protect the holder against discrimination from:
Thus it should not ever be presented to federal officials, including:
And undocumented immigrants should never tell a law enforcement officer about their status without first speaking to a lawyer. To learn more, please see our article on “Driving Without a License in California.” About the Author Neil ShouseA former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. Can an illegal immigrant get a driver's license in California?Governor Brown signed AB 60 into law in 2013, which directs the Department of Motor Vehicles (DMV) to issue a driver's license to any California resident who is eligible, regardless of immigration status. This means that an applicant who is undocumented can receive a driver's license under AB 60.
How do you get a California ID if you are undocumented?California law does not allow for an ID card to be issued to individuals who are not legally present in the United States. If a DACA recipient with an ID card, loses their DACA status and has no other form of legal status, they will not be able to renew or convert their ID card.
Can illegal immigrants get a US driver's license?This law allow any person who is unable to establish legal presence in the U.S. but meets requirements such as presenting proof of identity, proof of residency and not violating insurance requirements, to receive a driver's license or permit if the Division of Motor Vehicles deems them eligible.
Which states give driver's license to illegal immigrants?State laws permitting this are on the books in California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Nevada, Massachusetts New York, New Jersey, Oregon, Utah, Vermont, Virginia and Washington.
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Driver license for illegal immigrants in california requirements
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