ON September 13, 2013, California state lawmakers passed a bill to allow undocumented immigrants to obtain legal driver’s licenses. AB 60, introduced by Assemblyman Luis Alejo (D-Watsonville) will defer to the DMV as to what documentation is required to obtain a license. Governor Jerry Brown is expected to sign the bill presently and expressed his desire that the passage of the bill spur the US Congress on to passing comprehensive immigration reform.
The issue of whether to allow California’s sizable undocumented population to obtain legal driver’s licenses has been debated for decades. During the Schwarzenegger administration, bills passed through the California legislature only to be vetoed by the ex-Governor, who did not want to upset his Republican constituents and friends in the Federal Government by appearing too liberal on the question of undocumented immigrants.
The logic for allowing undocumented immigrants obtain legal driver’s licenses is compelling. Uninsured motorists are dangerous and the cost of insuring against damage caused by them has fallen disproportionately on licensed drivers throughout the State. As licensed drivers, any undocumented person operating a vehicle must obtain insurance of his own, which could diminish the cost of uninsured motorist coverage to all licensed drivers. Additionally, California will reap a windfall in DMV license and registration fees, which can only help the fiscally-beleaguered state.
Opposition to the Bill has largely consisted of the familiar refrain that allowing undocumented drivers to obtain licenses is akin to an “amnesty” and rewards people for breaking the law. While this facile criticism has been raised repeatedly throughout the immigration reform debate, Governor Brown welcomed the criticism and believes the law may serve as an impetus for more sweeping Federal reforms. “The Bill will enable millions of people to get to work safely and legally…hopefully, it will send a message to Washington that immigration reform is long past due,” Brown said.
The new driver’s licenses will be slightly different in appearance from those currently issued by the DMV. The documents will bear the mark “DP” for “Driver’s Privilege” instead of “DL” for “Driver’s License” as indicated on regular licenses. Additionally, the new documents will bear the annotation “does not establish eligibility for employment or public benefit,” thereby limiting he document’s purpose to allowing a person to drive legally only.
California now joins a growing number of States allowing undocumented immigrants to obtain driver’s licenses, including Washington, Oregon, Utah and New Mexico. As this trend continues, the Federal Government will have to take notice and pass immigration reform to allow for uniformity throughout all the 50 states.
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Daniel P. Hanlon is a California State Bar Certified Specialist in Immigration and Nationality Law and a principal of Hanlon Law Group, PC, located at 225 S. Lake Ave., 11th Floor in Pasadena, California; Tel. No. (626) 585-8005. Hanlon Law Group, PC is a “full-service Immigration Law firm.” E-mail: [email protected] and www.hanlonlawgroup.com.
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