SCHWARZENEGGER VETOES BILL ALLOWING DRIVER’S LICENSES FOR ILLEGALS
by Michael J. Gurfinkel, Esq.

On September 22, 2004, California Gov. Arnold Schwarzenegger vetoed a bill that would have allowed some two million illegal immigrants to obtain California driver’s license.  According to the governor, the bill, authored by Sen. Gil Cedillo (D-Los Angeles) and Assembly Speaker Fabian Nunez (D-Los Angeles), did not adequately address his security concerns.

The governor wanted a provision that would put a special identifying mark on the licenses issued to illegal immigrants.  But supporters of the bill said such a mark was discriminatory.

Illegal immigrants have been barred from obtaining driver’s licenses since 1994, at the height of the anti-immigrant sentiment that swept California. For decades before that, California had allowed its huge illegal immigrant population to obtain driver’s licenses. At present, at least 10 states, including Utah, Oregon, Washington and Hawaii, do not require license applicants to prove legal residency in the United States.

Cedillo had successfully pushed through a driver’s license bill that was signed into law by then-Governor Davis.  But that law was repealed by the Legislature under pressure from then newly-elected Governor Schwarzenegger.

A valid driver’s license is vital to one’s daily existence in the United States, especially in California. Without a driver’s license, one cannot legally drive nor obtain car insurance. In addition, a driver’s license and/or ID is one of the primary identification cards accepted by banks and other institutions.

The bill’s supporters said the proposed bill that was vetoed by Schwarzenegger would have been the strictest in the nation. The bill required criminal background checks, fingerprinting, a sponsor for the application, and a $141 fee. In addition, applicants would have to present a birth certificate, proof of California address, another official form of ID, and other supporting information. The bill would also bar issuing licenses to illegal immigrants from countries considered to be a haven for terrorists, such as Iraq, Cuba, Libya and North Korea.  And still, it was vetoed.
           
While Cedillo and Nunez vowed to re-file the bill, its chances of becoming law under the Schwarzenegger administration are obviously very low.  Instead of waiting for this driver’s license bill to finally get approved, I advise people to seek legalization, so they don’t have to worry about how to obtain a driver’s license as an “illegal alien”. A reputable attorney can discuss and help you find ways to possibly legalize your status.

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