On January 1, 2015, the California Department of Motor Vehicles (DMV) will begin issuing driver licenses to undocumented California residents under Assembly Bill 60 (AB 60). Under the previous law, in order for a person to obtain a California driver license, he or she had to prove his or her identity and that they were in the US “legally.” AB 60 still requires people to prove their identity, but they no longer need to prove they are in “legal status.” The license will also have a special mark or seal, to note it was issued per AB 60.
Obtaining a driver license does not make a person “legal” or “documented.” It does not authorize a person to work, and may not always be accepted as an “official identity card,” for purposes of traveling on an airline. Still, it will enable those in the US illegally to drive and obtain car insurance. While the law will go into effect on January 1, 2015, people will still need to study and pass the written exam and driving test.
To prove “identity,” the DMV lists several documents, such as a person’s passport. So make sure you have your Philippine passport, or other government issued photo ID, handy and available.
To prove California “residency,” the DMV wants to make sure that persons applying for the driver license actually live in California (i.e. the person is not a TNT living in Nevada and applying for a California driver license). The DMV would look for such documents as rental agreements, property deeds, mortgage bills, utility bills, school records, and medical records all showing the person has a California address.
If you are living in California and are undocumented, but want a driver license, you can already start preparing:
• Start gathering documents establishing your identity and residency in California
• Study for the written test.
From an immigration standpoint, this is a positive and encouraging development. While we are all waiting for some form of comprehensive immigration reform from the federal government, it is nice that some state governments are trying to help make the lives of the undocumented a little bit easier. Although a driver license would not make you “legal,” at least you would be able to drive in California “legally.”
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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