FOR many undocumented immigrants in America, to finally be granted the privilege to drive with a state-issued license is a step closer to their dream of living in America without fear.
This dream possessed by undocumented immigrants in California, including many kababayans, has become possible through AB 60. This development in the state with the largest number of Filipinos is closely followed by immigrant advocates in other states.
Last January, I wrote about California Assembly Bill 60 (AB 60), that requires the department to issue an original driver’s license to an applicant who is unable to submit satisfactory proof of legal presence in the United States. Driver’s license applicants under AB 60 must meet all other qualifications for licensure and must provide satisfactory proof of identity and California residency.
The Department of Motor Vehicles website also states that AB6O requires the department to develop regulations and consult with interested parties in an effort to assist the department in identifying documents that will be acceptable for the purposes of providing documentation to establish identity and residency.
But it seems not all undocumented immigrants have been as fortunate as Pulitzer-prize winning Fil-Am journalist Jose Antonio Vargas, perhaps the most visible and outspoken undocumented immigrant in the United States. He has been advocating for undocumented immigrants like himself through his Define American website. He obtained his driver’s license in January.
One reader of Asian Journal/viewer of Balitang America, is among the many who have had challenges in applying for their driver’s license. Let me share with you his experience:
“Share ko lang po sa inyo ang problema ng ating mga kababayan na nag a apply ng driver’s license dito sa Calif DMV (re: AB-60 law). Nagkaka problema po ang ating mga kababayan sa requirements especially sa birth certificate. DMV wants an “appostile” birth certificate or a copy of birth certificate that has a picture of applicant (like the Mexicans birth cert.) Wala pong picture ang birth cert. natin and “apostiled certificate” birth cert. is not possible because Phils is not a member of the “Hague Convention”.
Heto po ang scenario pag nag appy ang pinoy ng Drivers License (under AB-60), dala-dala lahat ng requirements, but pagdating po sa DMV nagiging automatic po ang pagka delay, the reason for not meeting the requirements is always the birth certificate… DMV will say you’re going for the secondary review, which will take 6 – 9months before they will contact the applicant.
Itong problema na po ay naiparating na po namin sa consul office , madami pong nagpa authenticate ng birth certificate at humakot po ng $25. per authentication ang consul natin. Ang problema po ay even the uathenticated na birth cert. ay hindi ni re recognize ng DMV , we called the consul about that and they said they know about that problem, and sila po ang nagsabi na di nga daw po posible ang “appostile” birth certificate because Phils is not a member of “Hague Convention”.
Ang problema po ay di nila ini explain na di puede ang authentication nila pinagastos pa nila ng $25. and wasted the time & effort ng mga nagpa authenticate. Meron din naman pong mga nakakalusot , kasi po pag meron kang old Calif ID or Expired Calif drivers license , automatic po na nameet nyo ang requirement and no need to show the birth certificate.
Sana po ay masilip po ninyo itong munting problema ng ating kababayan sa DMV at mausisa po Embassy… we tried explaining the problem sa DMV but fell on deaf ears… kasi nga theyre so busy and we’re just nobody trying to get a license. baka po kayo intindihin pag kayo nagtanong , may TV camera po kayo eh.. if you need a lists of those got delayed sa DMV itext kompo sa inyo at saka po yung mga ini hold muna ang pag apply gawa ng problemang ito.”
— E.M.
I consulted Balitang America’s Pinoy Panawagan legal counsel Atty. Lou Tancinco (www.tancinco.com) about this problem, who said:
“Thank you for bringing up this issue. I have been in contact with the Philippine Consulate about the birth certificates issue of the Filipino applicants for AB60 driver’s licenses. I was told that the Philippine consulate has been conducting meetings with DMV officials to train their employees about the type of birth certificate that the DMV should accept. Instead of the apostille birth certificate, an NSO birth certificate should be accepted with the valid Philippine passport. The Philippine consulate must ensure that the DMV officials understand this and that we should also contact our friends at the State Assembly make representations on our behalf. I understand that It will be hard for the “undocumented” to advocate for themselves an that they need our assistance to get their messages through. I will get more information on this.”
— Atty. Lou Tancinco
I will continue following this issue as it develops. This may very well assist those in other states who may be facing the same predicament in the future.
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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
