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ILLEGAL
IMMIGRANTS MAY OBTAIN CALIFORNIA DRIVER’S LICENSES
by Michael J. Gurfinkel, Esq.
On September 5, 2003, California Governor Gray Davis signed into
law State Senate Bill 60, which would allow some two million illegal
immigrants to obtain driver’s licenses beginning January
1, 2004.
This is certainly good news for California’s
illegal immigrants, who, although in illegal status, certainly
contribute to the well-being of the state and the nation. In reality,
these people are forced to drive without licenses to go to work,
bring kids to school, go shopping, etc.
“Right now, let’s not kid ourselves,”
Governor Davis said. “They’re driving without demonstrating
they know the rules of the road. They’re driving without
insurance. Everyone benefits by having drivers on the road know
the rules of the road and presumably be a safer driver.”
Prior to 1994, illegal immigrants could obtain driver’s
licenses in California. But, in 1994, the rules were changed.
Those who wanted to obtain or renew driver’s licenses (or
California ID cards) were required to prove they were in the country
legally, and had a valid Social Security Number, but the Social
Security Administration had become much stricter in issuing SS
numbers, especially to illegal aliens.
Under the new law, which amended the state’s
Vehicle Code, applicants for driver’s licenses may present
a Federal Tax Identification Number (TIN) issued by the Internal
Revenue Service, if they don’t have an SS number. If the
applicant presents a TIN, instead of an SS number, he or she will
be required to also present a birth certificate or record of birth
issued by his or her home country. An applicant who does not have
a birth certificate or record of birth from his or her country
of origin, may present two or more of the documents listed below:
- A passport issued by their home country;
- A military identification card bearing the applicant’s
photograph, from the country of origin;
- A driver’s license, bearing the applicant’s
photograph, issued by a foreign jurisdiction;
- A driver’s license, bearing the applicant’s
photograph, issued by another state, possession, or territory
of the United States.
In addition, the applicant will have to:
- Show proof of residence in California, such
as utility bills, rent or lease agreement;
- Be fingerprinted. (However, the prints cannot
be used by immigration officials to determine a person’s
residency status.)
The Department of Motor Vehicles (DMV) may, through
regulations, accept documents other than those specified above,
provided that these documents accurately confirm the identity
of the applicants, including a letter from the Consul General
of the applicant’s home country, confirming the authenticity
of the applicant’s birth record.
The new law also emphasizes that a police officer
may not detain or arrest a person solely on the belief that the
person is an unlicensed driver, unless the officer has reasonable
cause to believe that the person driving is under 16 years of
age.
While the new law has revived a former privilege
to illegal immigrants, it is important that people realize that
the driver’s license does not confer lawful immigrant status,
or allow them to work. They still need to legalize their status
in the United States. Political climates change, and laws can
be amended or repealed, depending on the prevailing political
atmosphere.
The best protection is to become legal.
I advise illegal immigrants not to be content with these little
benefits that the government grants them from time to time. They
should look into the future with a better perspective and start
legalizing their status now.
There are many ways to legalize your status, and
a reputable attorney can help you analyze your situation, and
offer options towards legalizing your status.
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