DRIVER’S LICENSES FOR ILLEGAL IMMIGRANTS?
by Michael J. Gurfinkel, Esq.

Sen. Gil Cedillo (D-Los Angeles) has introduced a new bill in the California State Senate that would enable hundreds of thousands of illegal immigrants in California to obtain a driver’s license.

Senate Bill 1160 was filed last June 2, 2004, only six months after California’s lawmakers repealed a similar bill, which was also filed by Cedillo and signed into law by former Gov. Gray Davis just days prior to the recall election. However, as soon as actor Arnold Schwarzenegger assumed the governorship, the State Legislature repealed the law, making good on Schwarzenegger’s campaign promise.

Schwarzenegger and other Republicans had opposed the old Cedillo bill because of alleged concerns involving national security. Among these concerns was that people could obtain driver’s licenses in order to create false identities. They were against the idea of rewarding illegal immigrants with a California driver’s license.

• Illegal immigrants would be charged $146 for a driver’s license -- more than six times the cost of licenses for citizens and legal immigrants. Cedillo said much of the money would be used to pay for fingerprinting of applicants, and federal and state background security checks.

• Applicants would be required to get a sponsor for their application. The sponsor must be a current holder of a California driver’s license, and may be a family member, clergy, employer, or other citizens.

• Applicants would need to make a written pledge to seek legal residence status.

• The licenses would not identify the holder as being an illegal immigrant. In addition, state agencies would not be allowed to turn any of the information over to the immigration authorities.

The new bill faces another rough sailing in the Republican-controlled State Senate. The Office of the Governor has already issued a statement, saying that Gov. Schwarzenegger doesn’t support the measure because he is not convinced that the bill will prevent people from obtaining licenses to create false identities.

A valid driver’s license is important to one’s daily existence in the United States. Without a valid license, one cannot legally drive, or even obtain insurance. In addition, a driver’s license and/or ID are one of the primary identification cards accepted by banks and other institutions.

While Cedillo and his supporters are aggressively pushing the passage of the bill, let us hope their efforts would lead to a new law granting driver’s licenses to illegal immigrants.

However, it is only a proposal, and not yet a law. I would still advise people to seek legalization and not wait for such a law to be passed. There are many ways to “legitimately” legalize, and a reputable attorney can help you explore your options to obtain legal status.

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