Illegal Immigrant Drivers License: What You Need to Know

In the United States, the issue of driver’s licenses for undocumented immigrants is big. New York is leading the way by letting these folks get a standard driver’s license¹. This change, called the Green Light Law, is both celebrated and controversial for what it means for immigrants.

The process for getting a driver’s license in New York without legal status has a few steps. First, you have to be 16 years old and show some important documents². This includes proving who you are, your birth date, and that you live in New York. You don’t need a Social Security number. If you don’t have one, you can say so in writing³.

Key Takeaways

• New York is one of the few states that allow undocumented immigrants to obtain a standard driver’s license.
• The Green Light Law, passed in 2019, facilitates the application process for undocumented residents.
• Applicants must meet identity, age, and residency requirements, but do not need a Social Security number.
• Licenses issued to undocumented individuals will be marked “NOT FOR FEDERAL PURPOSES”.
• Individuals with a criminal history should consult with an attorney before applying.

Introduction

In California, it’s special. It allows people without papers to get a driver’s license, known as an AB 60 license⁴. This law was started in 2013 to make driving safer. It lets those without papers drive and have an ID inside the state⁴. The AB 60 license isn’t a path to citizenship or a federal ID. It’s important as ID and for driving for those who are not legally here.

Overview of Illegal Immigrant Drivers License in California

The start of the AB 60 driver’s license was big for California’s undocumented immigrants⁴. Before 2013, there were attempts to get rid of the rule needing legal status for a license. In the first year, 600,000 people became eligible for a license⁴. By mid-2017, over 900,000 undocumented immigrants had a driver’s license because of the AB 60 program⁴. This program really helped make the roads safer and gave many people a way to move around the state.

It’s not just California that does this⁵. As of 2019, 19 U.S. states, plus the District of Columbia and Puerto Rico, let some or all not-inspected people get a driver’s license⁴. Even though how each state does it is a bit different, the goal is the same. They want to help overcome the difficulties undocumented people face in getting around and proving who they are⁴⁵.

Understanding AB 60 Driver’s Licenses

In 2015, California launched the AB 60 driver’s license⁶. This allows anyone, no matter their immigration status, to get a driver’s license⁶. It makes roads safer and helps people get to important places⁶.

Requirements for Obtaining an AB 60 License

For an AB 60 license, show your ID and California address⁷. Then fill out forms, pay fees, and take tests like written and driving skills⁷. You must need a license since you don’t have a social security number or U.S. residency proof⁶.

The AB 60’s mark says it can’t always be used as federal ID⁶. You have three shots to pass knowledge tests. Drive tests are by appointment⁷. The DMV helps with interpreters in many languages for your application⁷. They also provide study aids in several languages, like driver handbooks and sample tests⁷.

Eligibility Criteria and Application Process

To get an AB 60, you must live in California and prove who you are⁶. You can’t have a social security number⁶. Apply with the right documents, pass tests, pay fees, and show you have car insurance⁷.

“AB 60 driver’s licenses are issued by the California DMV to individuals who cannot provide proof of legal presence in the U.S.”⁷

Misspeakers are often not prosecuted, yet previous fraud charges might complicate getting an AB 60⁸. If you have been charged with DMV fraud before, it’s best to check with a lawyer before applying⁸.

Illegal Immigrant Drivers License

In California, there’s a special driver’s license for those not yet legally in the U.S. It’s called the AB 60 license. This license isn’t for flying on commercial planes⁹. Its main goal is to make sure everyone driving in California has the right license and insurance. It doesn’t matter if they are undocumented.

A new law in Illinois is making a big change. It will swap the old Temporary Visitor Driver’s License (TVDL) for a 4-year one¹⁰. To get this new license, people have to take a driving test. They also need insurance and some forms of ID. They must show they’ve lived in Illinois for a year¹⁰. This new law goes into effect on July 1, 2024¹⁰.

In total, 12 states let undocumented people get driver’s licenses or driving cards¹¹. These states started making these laws back in 1993. But the laws went into action at different times until 2023¹¹. To apply, some states want to see where you’ve been living. They might ask for tax returns and other important papers before giving a license¹¹. The rules are different about using these licenses for big federal things. Some can’t be used at federal spots, and some can¹¹.

It’s key for undocumented people to know this. They should not use their driver’s license for things like voting or saying it’s a legal work permit⁹. If you want to fly inside the U.S. or visit certain federal buildings after May 7, 2025, you must have a REAL ID driver’s license⁹.

The AB 60 license and others like it have a big goal. They aim to give a chance to drive to those who are undocumented while keeping the roads safe¹¹. By offering these licenses, the states are trying to address the safety worries of the public. At the same time, they recognize the importance of driving for immigrants.

Using an AB 60 License

The AB 60 driver’s license started in California in 2015. It’s a key for undocumented people to drive legally in the state¹². However, it has some limits and risks to know about.

Limitations and Risks of Using an AB 60 License

The AB 60 license is good for driving and as ID in California. But, it’s not for use as federal ID¹². So, you can’t get into some federal buildings or fly on planes¹². Also, having this license might tell immigration authorities you’re undocumented. They could then try to detain you¹².

The license clearly says “FEDERAL LIMITS APPLY,”¹² to warn about these issues. California law also says you can’t be treated differently if you have this license¹². Yet, there’s still a chance for trouble with immigration officials in some cases¹².

The AB 60 is still very important for undocumented folks in California. It lets them drive without the big risks of not having a license¹². California DMV helps by offering test materials in many languages for getting the license¹².

In short, the AB 60 license is a big help for undocumented people in California. But, it’s important to know its issues and risks¹². If you’re thinking about getting this license, think about your own situation and maybe get legal advice first.

Previous Licensing Issues

If you’ve had trouble with your driver’s license before, you might find it hard to get an AB 60 license. This is especially true if you used false info or were involved in driver’s license fraud. The California DMV is very careful with these cases and will check thoroughly before granting an AB 60 license¹³.

Handling Past False Information or Criminal Records

Applying with fake details or a false name can lead to a closer look at your application by the DMV. If they find out your false info was harmful, they might take legal action against you¹³. People with a record of driver’s license fraud might also have a tough time getting an AB 60 license¹³.

It’s a good idea to talk to a lawyer before trying to get an AB 60 license. They can advise you on what to do and make sure everything is done right and legally¹³.

“Navigating the AB 60 license process with past licensing issues can be a complex and daunting task. Seeking professional legal advice is crucial to ensure a successful outcome.”

The DMV is trying to make things easier for people with past license issues. But, you should still be careful and honest when applying to avoid trouble with the law¹³.

Telling the truth about your past and working with a lawyer can help you get an AB 60 license. This way, you might get back the right to drive in California. To do this successfully, proactive steps and legal advice from knowledgeable sources are key¹³.

Transferring Out-of-State Licenses

If you have a driver’s license from another state, you can get a California AB 60 license by meeting some requirements¹⁴. But be careful: if that license was obtained with false info, the California DMV might deny your new application. They could even start a criminal case against you.

Switching your out-of-state license to a California one is often easy¹⁵. Just use your current license and certain papers to prove you can get an AB 60 license. These papers could be your passport or birth certificate.

The time you can legally drive in California with your out-of-state license varies¹⁵. For most, you have 3 to 6 months. Then, you must change your license or get a new one to keep driving legally here.

When moving your license from another state, always tell the truth¹⁴. Giving wrong info or mixing up details could mess things up. This might lead to your license not being approved, or worse, getting into trouble with the law.

States like Connecticut started giving out special drive-only licenses to some people in 2014¹⁶. These licenses look different from normal ones, but there are talks to change that¹⁶. If you have this special license, check with the California DMV to see how to switch it for an AB 60 license.

Usually, you can bring your out-of-state license to California and get an AB 60 license¹⁴. But, making sure everything is open and true is very important to avoid problems¹⁴¹⁶¹⁵.

DUI and Traffic Violations

Getting an AB 60 license is harder for those with DUIs or serious traffic infractions. The California DMV looks closer at these cases. They might not approve the license application or might send the person to court¹⁷.

Impact of Prior DUI Convictions

A DUI can really change things for immigrants. It might lead to deportation or make it hard to apply for future immigration. A first DUI might not stop a green card application or cause deportation by itself. But a second could make it much more likely¹⁷.

Remember, having a DUI arrest doesn’t mean you’re guilty. But if you’re convicted, that’s different. You could face fines, time in jail, or lose your license¹⁷.

For those looking to become U.S. citizens, being of ‘good moral character’ is key. A DUI can mess this up. Having more than one DUI in five years can especially cause problems. Also, the details of the charges matter. Acts like reckless driving or using drugs can make things worse¹⁷.

In 2019, USCIS made a rule. Two DUIs or more can show you’re lacking ‘good moral character’ for immigration. This could hurt your application¹⁷.

If you’ve had a DUI or other serious traffic problems, getting legal advice is a good idea. It can help you understand how these issues might affect you. Knowledge is key to making the right choices and handling any worries during your applications¹⁷¹⁸¹⁹.

Advantages of AB 60 Licenses

The AB 60 license started in California in 2015 and has helped many undocumented immigrants²⁰. Over a million of them got this license, making up half of the estimated 2 million²⁰. Also, 700,000 people renewed their AB 60 licenses in California²⁰. With this license, undocumented folks can legally drive, improving their lives by offering access to jobs, healthcare, and more.

This license also makes California’s roads safer²⁰. A study from Stanford in 2017 found that hit-and-run accidents dropped by 10% with the AB 60 law²⁰. Since then, the number of these accidents has gone down even more²⁰. So, the AB 60 license ensures that drivers are trained, licensed, and insured, making road travel safer for all.

The AB 60 law also stops discrimination by police and local officials against license holders²¹. This helps undocumented immigrants drive without fearing they’ll be singled out²¹. It even benefits foreign visitors with non-immigrant work visas²¹.

In conclusion, the AB 60 license has many benefits²⁰. It’s not just crucial for undocumented people; it’s also good for the general safety on California’s roads. AB 60 license changes lives for the better. It’s easy to see why so many undocumented individuals choose to get it.

Conclusion

The AB 60 driver’s license in California is a major step for undocumented people. It lets them drive legally and get ID from the state²². Despite some downsides, it’s a chance for many to move around safely and improve their lives²². Yet, those with a troubled background might find it harder to get this license²². So, it’s key to know the rules and risks before applying.

The AB 60 license has brought good changes. It has reduced hit-and-runs and driving without insurance in some states²³. Giving licenses to undocumented parents helps their kids’ mental health. It makes kids less scared of their parents getting caught and sent away²⁴. Also, by letting everyone, no matter their citizenship status, get a license, we could see less racism and fewer people getting unfairly arrested or sent back to their home countries²⁴.

In short, the AB 60 license in California is vital for the safety and well-being of people living there without documents. By knowing the rules and what might happen, people can use this opportunity to make a difference. This helps in building a society that is fair for everyone²²²³²⁴.

Source Links

1. https://www.855dolor55.com/blog/can-undocumented-immigrants-drivers-license-nyc/
2. https://www.nolo.com/legal-encyclopedia/how-to-get-drivers-license-ny-undocumented.html
3. https://dmv.ny.gov/driver-license/driver-licenses-and-green-light-law
4. https://en.wikipedia.org/wiki/Driver’s_licenses_for_illegal_immigrants_in_the_United_States
5. https://www.albanylaw.edu/government-law-center/drivers-licenses-and-undocumented-immigrants
6. https://www.aclusocal.org/en/know-your-rights/your-rights-ab-60-drivers-license
7. https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/assembly-bill-ab-60-driver-licenses/
8. https://www.ilrc.org/sites/default/files/resources/ab_60_4_27_15.pdf
9. https://immigrationhelp.org/learning-center/drivers-licenses-for-immigrants
10. https://www.illinois.gov/news/press-release.26672.html
11. https://www.ncsl.org/immigration/states-offering-drivers-licenses-to-immigrants
12. https://www.nolo.com/legal-encyclopedia/can-undocumented-person-california-drivers-license.html
13. https://www.wbur.org/news/2023/11/30/undocumented-immigrants-drivers-license-issues
14. https://www.ice.gov/doclib/sevis/pdf/dmv_factsheet.pdf
15. https://www.bossrevolution.com/en-us/blog/drivers-license-for-non-citizens
16. https://www.nbcconnecticut.com/news/local/proposal-would-eliminate-drive-only-marking-on-licenses-for-undocumented-immigrants/3234578/
17. https://mrdfirm.com/blog-how-a-dui-can-impact-an-immigration-application.html
18. https://legal-info.lawyers.com/immigration/citizenship/can-undocumented-immigrants-get-drivers-licenses.html
19. https://publicintegrity.org/inequality-poverty-opportunity/immigration/undocumented-immigrants-licenses-ice-data/
20. https://calmatters.org/california-divide/2023/01/drivers-licenses-undocumented-immigrants/
21. https://higgslaw.com/ab-60-drivers-licenses-for-undocumented-immigrants-goes-into-effect-january-2015/
22. https://www.pewtrusts.org/en/research-and-analysis/articles/2015/09/10/impacts-of-licensing-unauthorized-immigrantsanalysis
23. https://www.bu.edu/articles/2022/should-undocumented-immigrants-be-allowed-drivers-licenses/
24. https://massbudget.org/2020/07/16/7-reasons-to-support-licenses-for-undocumented-drivers/