California to Issue Driver Licenses for Undocumented Foreign Nationals
Beginning in January 2015, undocumented foreign nationals will be permitted to apply for a California Driver’s License under AB 60 – a new law requiring the California Department of Motor Vehicles (DMV) to issue a driver licenses to individuals who can provide identity and California residence. They will also need to meet all other licensing requirements, including passing the written test and behind-the-wheel exams.
With this new law, California join s Connecticut, Colorado, Maryland, Oregon, New Mexico, Illinois, Washington, Nevada and Utah, as well as Washington, D.C. in allowing undocumented foreign nationals to legally drive.
Who May Apply for an “AB 60” Driver License?
Individuals who are undocumented may apply for an AB 60 driver license provided that they are at least 16 years of age and meet the requirements for identity and residency and pass the written and behind-the-wheel” exams. The license will state “Federal Limits Apply” meaning that the license may only be used to legally drive; it cannot be used to enter any Federal buildings or as identity at an airport.
What is Required to Apply for an “AB 60” Driver License?
Individuals must provide proof of identity, as well as California residency. The list of necessary documents is posted on the California DMV website at http://ab60.dmv.ca.gov. The regulations also provide for a secondary review process for individuals who are unable to produce an identity document. This process requires the individuals to interview with DMV investigative staff in order to assist with identity verification.
Does “AB 60” Only Apply to Undocumented Individuals?
No. In California, some individuals who are in the U.S. pursuant to valid status are not able to obtain a driver license or renew a driver license while their nonimmigrant extension or permanent resident application is pending with the United States Citizenship and Immigration Services (USCIS). For instance, if an individual’s current H-1B status expires while the H-1B extension petition is pending with USCIS, the individual cannot renew his/her expired driver license until the petition has been approved by USCIS.
Under AB 60, such individuals will be able to apply for an “AB 60” driver license while their nonimmigrant extension is pending with USCIS. Once the extension has been approved, the individual may likely be able to apply for a non-“AB 60” license that does not have the “Federal Limits Apply” language on it.
Can Law Enforcement Use an “AB 60” Driver License Against an Individual?
No. AB 60 specifically states that individuals with an “AB 60” driver license cannot be treated differently than those who do not have an “AB 60” driver license. California DMV has been working very closely with law enforcement to make this clear and to educate officers on the new law.
California DMV also will not provide information about an individual’s undocumented status to other agencies unless it is subpoenaed to do so (i.e. criminal matter).
Is there an “AB 60” Version of the California Identification Card?
No. AB 60 only applies to driver licenses.
Will the Processing of AB 60 Driver License Slow Down the Process for Non-AB 60 Licenses?
It should not. California DMV has hired new employees to assist with the anticipated increase in applications for driver licenses. In addition, some DMV offices will have extended office hours to assist with the increased workload. DMV has stated that they will be ready for this!
If you have any questions about AB 60, please do not hesitate to contact us.