A driver’s license is essential for navigating everyday life in California. For a long time, undocumented immigrants did not have the right to obtain a driver's license. It made it challenging for these individuals to work, take their kids to school, or handle everyday responsibilities.
Fortunately, California has made driving more accessible for all residents, regardless of immigration status. After implementing Assembly Bill 60 (AB 60), undocumented immigrants can obtain a driver's license and operate legally. The law reflects the importance of ensuring that all drivers on the road meet specific safety and driving standards.
Obtaining an AB 60 license requires immigrants to follow a similar process as residents, which requires sharing personal information. For this reason, many individuals fear going through the process due to the uncertainty of the impact of immigration. Applying for a driver’s license as an undocumented person can still feel overwhelming. Therefore, you will need the insight of a reliable immigration lawyer.
Can an Undocumented Person in California Get a Driver’s License?
For the longest time, driver’s licenses in the U.S. have been linked to immigration status. In the past, most states required individuals to provide proof of legal residence or citizenship to qualify for a driver’s license. For many undocumented immigrants who have lived and worked in the United States for many years, the policy created a significant barrier.
The policy landscape began to change in the early 21st century. This is due to the increased awareness of undocumented immigrants' contributions to society. Advocates for immigrant rights argued that allowing undocumented individuals to obtain driver’s licenses will enhance public safety. Additionally, it would help integrate these individuals more into society.
The issue gained momentum due to the increased number of undocumented immigrants living in California. Advocates and different community organizations worked alongside lawmakers to push for the passage of a law that allowed undocumented immigrants to drive legally. These organizations include:
- Immigrant Youth Coalition (IYC),
- The Coalition for Humane Immigrant Rights (CHIRLA)
- The California Immigrant Policy Center (CIPC)
Assembly Bill 60 (AB 60)
Implementing AB 60 made California the largest state to provide undocumented residents the ability to apply for a driver’s license. The law went into effect on January 1, 2015. It allows undocumented immigrants to apply for a California driver’s license.
AB 60 was a significant victory for immigrant rights groups. Additionally, it was a clear statement from California lawmakers of their commitment to making the state more inclusive for all its residents. The law was designed to ensure the safety of drivers, but also to address broader social and economic issues. The key provisions of AB 60 include:
Eligibility Requirements
You must meet the following eligibility requirements to obtain an AB 60 license:
-
Provide Proof of Identity and Residency
You must provide proof of your identity and California residency when you apply for a driver's license as an undocumented immigrant. Legal immigration status is not a requirement for this license. However, you must prove your identity by submitting documents such as a foreign passport or a consular identification card. You could use utility bills, rental agreements, or bank statements to prove residency.
-
Age Rule
Applicants for an AB 60 license must be at least 16 years old. However, individuals under 18 years must meet extra requirements. They include completing a driver’s education course and holding a learner’s permit for six months before taking the driving test.
Insurance Requirements
You must provide proof of automobile insurance when applying for an AB 60 license. All drivers in California must have minimum insurance coverage. When you are liable for an accident, your insurance company compensates the victims for their injuries and losses. Adequate insurance for undocumented immigrant drivers promotes public safety for all.
No Impact on Immigration Status
A driver’s license issued under AB 60 does not change or impact an individual’s immigration status. The license is not proof of legal status, and you cannot use it as a form of identification for federal purposes. The distinction helps prevent misuse of the license for immigration enforcement.
The AB 60 Driver’s License Application Process in California
The AB 60 license is a Class C driver’s license that grants driving privileges to undocumented immigrants in California. Although the application process mirrors a standard California driver’s license, some crucial differences exist. Besides, there are additional document options specific to AB 60 applicants. The process of applying for a driver's license as an undocumented immigrant in California takes these steps:
Make an Appointment with the California DMV
The first step for obtaining an AB 60 license is to schedule an appointment with the California Department of Motor Vehicles. You could make an appointment online at the official DMV website or by calling the DMV. Although some locations may accept walk-ins, an appointment ensures a smoother experience.
Complete a Driver’s License Application (DL 44 Form)
Applicants must complete the driver's license application and the DL 44 form. You can complete the form online or in person at the DMV office. It collects personal information and includes legal affirmations of eligibility for the license.
Submit Proof of Identity and California Residency
AB 60 applicants must present proof of identity and two documents verifying California residency. Unlike the standard license, AB 60 allows a broader range of identity documents. They include:
- Foreign passports
- Consular ID cards
- Other documents are listed in the DMV’s AB 60 document guide.
Your proof of residency must show your name and a California address.
Take a Vision Exam
All applicants must take a vision screening to meet the minimum vision standards required to drive safely in California. A restriction will be added to the license if you need corrective lenses.
Pass a Written Knowledge Test
Applicants of an AB 60 license must pass a written knowledge test covering the following:
- California traffic laws
- Road signs
- Safe driving practices.
You will take a written knowledge test that is available in different languages. The DMV can appoint an interpreter if you do not understand the language.
Schedule and Pass a Behind-the-Wheel Driving Test
After passing the written test, applicants must schedule a behind-the-wheel driving test. The practical exam evaluates your ability to operate a vehicle safely under real-world conditions. Proof of insurance is necessary for the test.
Provide a Thumbprint and a Photo
The DMV collects your digital thumbprint and photographs as part of the identity verification process.
Temporary License and Issuance of Official Card
You will receive a temporary driver's license after completing the application and passing the tests. The license is valid for driving and serves as proof of successful application. You will receive an official AB 60 license at your address within a few weeks of completing the application.
California law protects the information provided during the AB 60 application process. The DMV cannot use this data for immigration enforcement purposes. The confidentiality requirements make the process more secure for undocumented residents seeking legal driving privileges.
The Social and Economic Impacts of AB 60
Implementing AB 60 has had several significant social and economic impacts on California. By allowing undocumented immigrants to obtain a driver’s license, the law has helped address many issues. It affects the undocumented community and society as a whole. The impacts of AB 60 include:
Public Safety
A significant objective of AB 60 was to enhance public safety on California’s roads. Before the law was passed, many undocumented immigrants were driving without a license, which posed a safety risk. Unlicensed drivers are more likely to be involved in accidents.
This is due to a lack of familiarity with local traffic laws. Additionally, unlicensed drivers are less likely to prove their identity or remain accountable after an accident. By legalizing driving for undocumented immigrants, the state has increased the likelihood that all drivers on the road follow traffic laws. Before obtaining a driver's license, an undocumented immigrant must take a written test on driving laws in California.
Additionally, they must obtain the minimum vehicle insurance requirements. Issuing licenses to undocumented immigrants ensures safer roads for all residents. Besides, it creates trust and cooperation between immigrant communities and law enforcement.
Economic Opportunities
A driver’s license is a critical tool for employment for citizens and immigrants in California. Undocumented workers often perform essential jobs like construction and hospitality. Without a driver’s license, these workers can face significant barriers when traveling to work or meeting employer demands.
AB 60 has allowed many undocumented individuals to improve their economic prospects. It gives them a legal ability to drive, which benefits the state’s economy as more people can participate in the workforce.
Insurance and Liability
Another impact of AB 60 is encouraging undocumented individuals to obtain automobile insurance. Before the law, many undocumented drivers were unable to purchase insurance. Being uninsured led to financial instability in the event of an accident.
When obtaining an AB 60 license, you must present proof of insurance. By requiring proof of insurance, AB 60 has increased the number of insured drivers on the road. In an accident, all drivers and involved parties have greater financial security.
Increased Social Integration
The ability to drive legally for undocumented immigrants facilitates greater social integration. With a driver’s license, undocumented individuals can engage in activities that are part of everyday life, including:
- Attending school events
- Participating in community activities
- Accessing essential services like healthcare.
Better social integration fosters a sense of belonging and inclusion for the immigrants.
Reduces Fear During Traffic Stops
An immediate benefit of AB 60 is the reduced fear during routine traffic stops for undocumented immigrants. Before this law, a traffic stop for an undocumented immigrant could result in serious consequences. Without a valid license or legal ID, undocumented drivers face issues like:
- An arrest
- Vehicle impoundment
- Deportation proceedings
The fear of these immigration consequences caused immigrants to avoid driving in emergencies. With an AB 60 license, an undocumented immigrant can show a valid form of state-issued identification to police officers. The ability to provide an ID changes the entire dynamic of a traffic stop, making it less threatening.
For law enforcement, undocumented immigrants having a valid license streamlines the process. The officers can verify identities quickly and focus on the actual violations instead of dwelling on immigration-related complications.
AB 60 fosters better relationships between immigrant communities and law enforcement agencies. When immigrants trust the police, they are more likely to report crimes or cooperate in investigations. Additionally, AB 60 makes traffic stops safer and less traumatic for drivers and officers.
Decreased Hit-and-Runs
AB 60 reduces hit-and-run accidents in California. Undocumented immigrants are likely to flee an accident scene to avoid interactions with law enforcement. Such incidents put other individuals at risk and complicate investigations. It delays emergency response and increases costs for victims and insurance companies.
There is a measurable decline in hit-and-run incidents after AB 60. Undocumented individuals with valid IDs are much more likely to cooperate with authorities after an accident. The shift helps ensure that all parties involved in accidents are treated fairly and that justice is served when necessary.
Additionally, it also reduces the number of unresolved incidents. Under these circumstances, AB 60 improves accountability and promotes a culture of responsibility and trust. Encouraging drivers to remain at the scene protects lives and upholds the justice system's integrity.
Challenges and Criticism of AB 60
AB 60 was a significant legislative move in California. It allowed undocumented immigrants to obtain driver's licenses. Although AB 60 aimed to promote road safety and inclusion, it faces logistical and political hurdles. They include:
Concerns About Immigration Incentives
Critics argue that AB 60 may encourage more undocumented immigration. This is by providing tangible benefits, such as legal driving privileges, to those without lawful status. Some opponents also worry that granting licenses could act as the first step toward broader rights for undocumented immigrants, which is controversial.
Implementation Challenges
The Department of Motor Vehicles experienced increased driver’s license applications after AB 60. DMV offices faced long wait times and limited appointment availability in the early stages. These delays frustrated applicants and strained DMV resources.
Over the years, the DMV has made efforts to streamline the system. Hiring extra staff and opening more slots has helped reduce waiting periods and improve efficiency.
Fear of Immigration Enforcement
Even after the implementation of AB 60, there has been a level of distrust in government systems. Some fear that a driver’s license application could expose their immigration status. This fear and the constant changes in federal immigration policies have deterred the application of licenses by eligible immigrants.
For this reason, community outreach and legal advocacy are necessary to ensure immigrants understand their protections under AB 60.
Legal and Political Controversy
AB 60 has caused ongoing debates between immigrant advocacy groups and supporters of stricter immigration laws. For some individuals, AB 60 symbolizes progress for immigrant rights. Others contend that it could be seen as incentivizing undocumented behavior.
AB 60 also opened up conversations about additional rights for undocumented immigrants. These rights could include working and applying for permanent residency or citizenship.
Can I use an AB 60 license as a form of identification?
Yes. You can use an AB 60 license as a form of identification, but with some limitations. Within California, an AB 60 driver's license is an acceptable form of identification for several purposes. It allows individuals to drive legally, and many banks and credit unions may accept it to open accounts. Additionally, law enforcement can recognize the AB 60 license as a valid form of ID during traffic stops.
However, an AB 60 license is not valid for federal identification purposes. Therefore, you cannot use it to board domestic flights, enter federal buildings, or other federal uses. When you receive your license, it comes with a notice that it is unacceptable for official federal identification.
Will applying for an AB 60 license put me at risk of deportation?
No. Applying for an AB 60 driver’s license in California should not put you at risk of deportation. California law prohibits the DMV from sharing your personal information with immigration enforcement agencies.
The AB 60 license allows undocumented individuals to drive in California without fear of immigration consequences. Therefore, Immigration and Customs Enforcement cannot use it as a basis for immigration enforcement. Although the AB 60 license is applicable for driving in California, you should not attempt to use it for federal purposes.
Find a Competent Immigration Lawyer Near Me
Assembly Bill 60 (AB 60) is a notable advancement in California's progressive policies for immigrant rights. AB 60 allows undocumented immigrants to apply for and obtain a driver’s license. Before AB 60, undocumented immigrants could not legally drive in California.
For this reason, these individuals were left out of touch with society. Additionally, they feared the immigration consequences of driving. The move enhances public safety, increases insurance coverage, and promotes economic opportunities.
If you are undocumented and living in California, applying for an AB 60 driver’s license can significantly impact daily life. The process of obtaining an AB 60 license is more accessible than ever. However, navigating the documentation requirements and understanding how the license may affect your immigration status is confusing or stressful.
Therefore, you will need the guidance of a reliable attorney. At California Immigration Attorney, we will help you take full advantage of the protections and opportunities available under this law. Contact us at 424-789-8809 to discuss your case.