Driver’s license and other programs for undocumented immigrants in 2015

I. AB60: Driver’s License. Undocumented Immigrants are now eligible to apply for a Driver’s License in California. On January 1, 2015, a new law called AB60 became effective in the State of California which allows undocumented immigrants – those people who are” unable to submit satisfactory proof of legal presence in the United States” – but who are residents of California to apply for driver’s licenses. The new law, also known as the Safe and Responsible Driver Act, is geared toward making the roads safer for California residents – ensuring that people are licensed and, more importantly, know how to drive. The California Department of Motor Vehicles expects some 1.6 million immigrants to apply in the first few years.

While the new law will now waive proof of legal presence, Driver’s License Applicants under AB60 are still required to pass all other qualifications for a Driver’s License Application, such as passing the written test as well as the driving test. Additionally, Applicants must provide proof of identity and California residency.

The following is a partial list of documents that will be accepted by the Department of Motor Vehicles under AB60:

Proof of Identity. California Driver’s License issued 10/2000 or later; CA ID issued 10/2000 or later; Foreign Document that is valid, approved by the DMV and electronically verified by the DMV with the country of origin (Ex: Mexican Federal Electoral Card; Mexican passport issued 2008 or later; Mexican Consular Card 2006 and 2014 versions); Foreign passport that is valid and approved by the DMV (Ex: Philippine Passport issued in or after 2010); Foreign Birth Certificate that is a certified copy issued by a national civil registry within six months of the application date (for the CA License) that contains an embedded photo of the applicant; Foreign Birth Certificate that is accompanied by an Apostille authentication and translated.

Proof of California Residency. Rental or lease agreement with signatures of the owner/landlord and the tenant/resident; Deeds or titles to residential real property; mortgage bills; home utility bills including cell phone bills; school documents; medical documents; employment documents; Tax Returns including California Franchise Tax Board Tax Returns; CA Certificate of Vehicle or Vehicles Titles or Registration; Bank Statements.

II. DACA Expansion: Revised Eligibility Requirements. The Executive Initiative announced last November 2014 removed the upper age restriction for Deferred Action for Childhood Arrivals (DACA) allowing individuals born prior to June 15, 1981 to apply for DACA provided they meet all other requirements for eligibility. Moreover, the residence requirement will now require continuous residence in the United States since January 1, 2010. Lastly, the deferred action period and employment authorization is now extended for a period of three years. Previously, the grant was only for a period of two years.

Prospective DACA applicants should note that there are other eligibility requirements in place for DACA that bear on their moral character. For example, DACA applicants must have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. Each Application is assessed on a case-by-case basis to determine whether, under particular circumstances, a favorable exercise of prosecutorial discretion will be granted to an Applicant.

III. Deferred Action for Parental Accountability. The Deferred Action for Parental Accountability (DAPA) will provide temporary relief from deportation and work authorization to individuals without authorized immigration status who are parents of United States citizens or Lawful Permanent Residents.

The program will be open to individuals who – (i) have a USC or LPR son or daughter born on or before November 20, 2014; (ii) have continuously resided in the United States since January 1, 2010; (iii) are physically present in the United States on November 20, 2014, and at the time of applying; (iv) have no lawful immigration status on November 20, 2014; (v) do not have criminal convictions, including certain misdemeanors; (vi) are not a threat to public safety and security.

The DAPA program will grant deferred action and employment authorization for a period of three years.

Beware of Scams. Those who would like to apply for a license under AB60, or who might be eligible for DACA or DAPA should consult with an experienced, licensed immigration attorney to obtain an in-depth consultation about the law, what the law requires, and how to proceed. In addition, people should be wary of online tools that offer immigration help or notarios who are not licensed to practice law.

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Atty. Lilli A. Baculi is an associate attorney in Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; [email protected]