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Driver's licenses for illegal immigrants in the United States

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As of October 1, 2023, 19 U.S. states, the District of Columbia, and Puerto Rico issue driver's licenses or permits to some or all of the population residing without inspection in the United States. State laws permitting this are on the books in California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts,[1] Minnesota, Nevada, New Jersey,[2] New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia,[3] and Washington.[4][5][6][7][8]

California

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In the state of California, obtaining a driver's license did not require proof of legal presence before the early 1990s.[9][10] However, California blocked off this access in 1991 by asking all driver license applicants to provide proof of citizenship.[11] Two years later, California explicitly committed to requiring proof of legal presence for state issued driver's licenses by passing Senate Bill 976.[11][10] Under SB 976 anyone requesting a driver's license from the Department of Motor Vehicles (DMV) needed to provide proof of lawful presence in the United States.[12]

The more stringent requirements did not sit well with some of California's state legislators. Gil Cedillo, for example, chipped away at SB 976, an attempt to remove the legal presence requirement in California for state issued driver's licenses.[11] In 2003, one of Cedillo's proposals (Senate Bill 60) gained significant support in California's State legislature, was signed by former Governor Gray Davis, but did not become law.[11][13] According to Tang (2018),[11] Cedillo decided to scrap the bill because Governor Davis, who had signed the bill, was dealing with a gubernatorial recall election.[13] Between 2006 and 2012, Cedillo continued the fight to remove the legal presence requirement. However, then-Governor Arnold Schwarzenegger vetoed efforts those bills supported by state legislators such as Cedillo during his term as governor (November 17, 2003 – January 3, 2011).[11]

According to Andrea Silva,[14] assembly member Luis Alejo joined the fight to license illegal aliens in California early on in 2013. Various progressive organizations such as the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), the California Immigrant Policy Center (CIPC), the National Immigrant Law Center (NILC) and community activists rallied behind Alejo. However, not everyone was on board with the AB 60 law. For example, some groups such as Unlicensed to Kill and Californians for Population Stabilization resisted the measure.[14] In the past, groups such as the Federation for American Immigration Reform have also supported requiring proof of legal presence to obtain California driver's licenses.[10]

In 2013, California removed the proof of legal presence requirement to obtain a state issued driver licenses when California Governor Jerry Brown signed Assembly Bill 60 (AB 60) into law.[15][16] Currently still known under its bill number, AB 60 removes the legal proof requirement in California to apply for a state issued driver's licenses.[11] These driver's licenses are not REAL ID Act compliant.[11][17] This means holders of these driver's licenses could not use this identification to board an airplane, vote, or enter federal facilities.[11][18] Moreover, all applicants need to have their vehicles insured. However, some California residents who do not support the AB 60 law questions whether these safeties are enough.[19]

The AB 60 law did not take effect until the beginning of 2015.[20] In the first twelve months, a little over 600,000 people in California met all the eligibility requirements to obtain a driver's license.[21] This number continued to increase in the following months.[22] By mid 2017, a little over 900,000 people without proof of legal presence in California obtained a driver's license under the AB 60 law.[23] With an increase in AB 60 driver's licenses, at least one study suggests there has been a decrease in hit-and-run incidents.[24]

New York

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Prior to 2002

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Prior to 2002, obtaining a driver's license in New York did not require proof of legal presence.

Actions of the Pataki administration in 2002 and 2004

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In September 2002, Governor George Pataki issued an executive order directing the Department of Motor Vehicles to require a social security number before issuing a driver's license.[25] The Pataki administration presented the measure as a "crackdown on license fraud and as the kind of national security measure demanded by the Sept. 11 attacks".[26] In 2004, under a policy instituted by the Pataki administration, the Department of Motor Vehicles began putting "temporary visitor" marks on licenses issued to individuals with temporary visas, along with the date that those visas expired.[27]

First attempts to restore access to drivers licenses for illegal immigrants

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On September 21, 2007, Governor Eliot Spitzer issued an executive order directing that state offices allow illegal immigrants to be issued driver's licenses.[26] The measure was supposed to be effective in December 2007.[28][29] Eventually, the executive order was withdrawn. The effort by Eliot Spitzer was introduced as a legislative bill, which was defeated in the New York State Senate.[30] Finally, the effort to restore access to driver's licenses was passed as an administrative measure through the Department of Motor Vehicles only to be withdrawn in the face of political opposition and criticism.[31]

In 2017, New York began issuing "REAL ID"-compliant driver's licenses. The state now employs a multi-tier system, as permitted by federal law, and offers three licenses: (1) the "enhanced" license, (2) The "REAL ID" license, and (3) the "standard" license, which is used for identification purposes and for driving, but is not REAL ID-compliant.[32]  Displayed on its face are the words, "NOT FOR FEDERAL PURPOSES".

From 2002 to 2019, illegal immigrants were not eligible for driver's licenses in New York. Although there is nothing in New York law that mandates legal status to acquire a standard driver's license, a 2002 executive order issued by then-Governor George Pataki established a regulation that effectively bars illegal immigrants and other individuals without a Social Security number from obtaining licenses.

Green Light New York Coalition

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In 2016, renewed effort formed a new coalition: Green Light NY. The coalition was formed primarily by Justice for Migrant Families, Worker Justice Center of New York, Workers’ Center of Central New York Columbia County Sanctuary Movement, Nobody Leaves Mid Hudson, Neighbors Link, MinKwon Center for Community Action, New York Immigration Coalition, and Make the Road New York with the state-wide coordination of the New York Immigration Coalition and Nobody Leaves Mid Hudson.[33]

In 2019, the coalition broadened and gained the critical support of many persons and organizations including: New York City Mayor, Bill de Blasio, Brooklyn District Attorney Eric Gonzalez,[34] Bronx District Attorney Darcel Clark,[35] Manhattan District Attorney Cy Vance, Jr.[36] On February 13, 2019, the coalition secured a resolution form the New York City Council calling for state legislation addressing this matter.[37] New York State Attorney General Letitia James also came out in support of the proposed legislation. Other social leaders came on board, including Rev. Al Sharpton who stated: "When routine traffic stops regularly lead to arrests and deportations of Black and Brown New Yorkers, something has to give, ... that's why the Green Light NY bill isn't just a public safety issue — it's a civil rights concern."[38]

Political Issue in the 2018 New York State Elections

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The issue gained increased attention during the 2018 New York gubernatorial election, particularly in the Democratic primary. Cynthia Nixon, a candidate in the primary, announced alongside Council Member Carlos Menchaca that, if elected, she would issue an executive order to immediately restore access to driver's licenses on her first day in office.[39][40]

Governor Andrew Cuomo, the incumbent, consistently opposed restoring access through an executive order, arguing that history showed such attempts were destined to fail.[41] Attorney Luis Gomez Alfaro and the Latinos for Cuomo Committee strongly supported full legislation instead, fearing that an executive order could be challenged by County Executives or County Clerks.[42] Before the contested primary, Kathy Hochul reversed her opposition to restoring driver's licenses, aligning with her running mate, Gov. Andrew Cuomo, in supporting licenses for illegal immigrants.[43] Cuomo decisively defeated Nixon in the Democratic primary and went on to win re-election.[44][45]

Assembly vote

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In 2019, Assemblyman Marcos Crespo introduced a bill A03675 named the "Driver's License Access and Privacy Act."[12] On June 5, 2019, Speaker Carl Heastie announced that the Assembly would bring the bill to a vote and pass the bill, calling it "a critical step towards making our roads safer, boosting our state's economy and protecting hardworking New Yorkers and their families."[46] On June 12, 2019, Bill A03675 passed the Assembly with 86 votes in favor and 47 votes against the bill.[47]

Senate vote

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In 2019, a version of the "Driver's License Access and Privacy Act", bill S1747. was introduced into the Senate by Luis Sepulveda.[48] Unlike Speaker Heastie, Majority Leader Andrea Stewart-Cousins had not publicly omitted to schedule the bill for a vote before the end of the 2019 Legislative Session. On June 11, 2019, Deputy Majority Leader, Senator Mike Gianaris came in support of scheduling a vote for the bill stating “I wholeheartedly support this proposal and encourage all my colleagues to get behind this proposal before the legislative session ends.”[49] After the vote had cleared the Transportation Committee, Governor Cuomo expressed last-minute fears that the federal government could use state-collected information for immigration enforcement and almost derailed the vote after asking Solicitor General Barbara Underwood to weigh in on the matter.[50] On June 17, 2019, the Attorney General of New York, Letitia James answered the governor stating: "I support the Green Light bill, and the Office of Attorney General has concluded that it is constitutional."[51] She added that "the legislation is well crafted and contains ample protections for those who apply for driver's licenses." She concluded that "If this bill is enacted and challenged in court, we will vigorously defend it.”[51] Additionally, the Office of the Attorney General released a memo regarding the Green Light Bill, which put to rest any legal questions and allowed the bill to be put forward for a vote before the end of the 2019 Legislative Session.[51] The Senate passed the bill on June 17, 2019, with 33 votes in favor and 29 votes against.[36] The legislation was signed into law by Governor Cuomo the same night that it passed the Senate.[52]

Reaction

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Some county clerks said they would not comply with the law, stating that federal labor law prohibits employment of illegal immigrants.[50] Monroe County Executive Cheryl Dinolfo said she was making plans to sue and called her county's legislature to craft a bill allowing a lawsuit challenging the constitutionality of the plan.[53] Erie County Clerk Michael Kearns has stated that he will not enforce the law and that he's going to federal court. Attorney General of New York Letitia James said she would defend the law.[54] She stated: “It is not an immigration bill. It's not going to dumb down our citizenship. It basically gives a privilege to individuals to drive to work and to school.”[54]

Among the Democratic senators, seven opposed the Driver's License Access and Privacy Act: James Skoufis, Kevin Thomas, Monica R. Martinez, Todd Kaminsky, John E. Brooks, Anna M. Kaplan, and Jim Gaughran.[55] This list includes all 6 senators from Long Island, including the three with the most recent immigrant heritage: Kevin Thomas, Anna M. Kaplan, and Monica R. Martinez. Of all Senators voting against the bill, Senator Monica R. Martinez faced the most criticisms as she had previously been a supporter of the effort to restore access to drivers licenses for illegal immigrants, but changed her position after becoming a New York State Senator.[56][57][58]

Oregon

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Oregon now issues such licenses, following the passage of the Equal Access To Roads Act (HB 2015) in the Oregon legislature; governor Kate Brown signed the bill into law on August 9, 2019,[59][60] and it became effective immediately. Oregon also previously issued such licenses in 2008 and from 2013 until the 2014 Oregon Ballot Measure 88.[61]

References

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  1. ^ Came into effect on July 1, 2023 - Work and Family Mobility Act (WFMA)
  2. ^ Frazin, Rachel (December 20, 2019), "New Jersey governor signs bill allowing undocumented aliens to get driver's licenses", The Hill
  3. ^ Times-Dispatch, SABRINA MORENO Richmond. "Undocumented immigrants in Virginia can soon drive legally, but mistrust, privacy concerns persist". Richmond Times-Dispatch. Retrieved 2021-06-20.
  4. ^ Colford, Paul (April 3, 2013). "'Illegal people' no more". AP. Retrieved 2018-10-03.
  5. ^ Mendoza, Gilberto (2016). "States Offering Driver's Licenses to Immigrants". National Conference of State Legislatures. Retrieved February 5, 2018.
  6. ^ NILC (2017). "State Laws Providing Access to Driver's Licenses or Cards, Regardless of Immigration Status" (PDF). National Immigration Law Center. Retrieved February 5, 2018.
  7. ^ Mendoza, Gilberto. "States Offering Driver's Licenses to Immigrants". National Conference of State Legislatures. Retrieved February 5, 2018.
  8. ^ Mary C. King, Anabel López Salinas, John G. Corbett, Rafael Reyes Morales, Alicia Sylvia Gijón Cruz, and Kim M. Williams (2014). "The Impact of U. S. State-Level Immigration Reform on Illegal Mexican Migrants: The Loss of Access to Driver's Licenses in Oregon". Frontera Norte. 26: 55–84.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  9. ^ "Deciding Who Drives: State Choices Surrounding Unauthorized Aliens and Driver's Licenses". The Pew Charitable Trusts. 2015. Retrieved February 5, 2018.
  10. ^ a b c Johnson, Kevin R. (2004). "Driver's Licenses and Illegal Aliens: The Future of Civil Rights Law?". Nevada Law Journal. 5: 213–239.
  11. ^ a b c d e f g h i Tang, Benjamin (2018). "AB 60 Driver's Licenses: A Mandated Review of Instances of Discrimination" (PDF). California Research Bureau, California State Library. Retrieved February 5, 2018.
  12. ^ a b "Assembly Bill A3675B". The New York State Senate. 2019. Retrieved June 18, 2019.
  13. ^ a b Mauricio Cáceres and Kenneth P. Jameson (2015). "The Effects on Insurance Cost of Restricting Undocumented Immigrants Access to Driver Licenses". Southern Economic Journal. 81 (4): 907–927. doi:10.1002/soej.12022.
  14. ^ a b Silva, Andrea (2015). "Illegal Aliens, Driver's Licenses, and State Policy Development: A Comparative Analysis of Oregon and California". eScholarship. Retrieved February 5, 2018.
  15. ^ Office of the Governor (2013). "Governor Brown Signs AB 60". Office of Governor Edmund G. Brown Jr. Retrieved February 5, 2018.
  16. ^ Dinan, Stephen (2013). "California Grants Driver's Licenses to Illegal Immigrants". The Washington Times. Retrieved February 5, 2018.
  17. ^ Silva, Andrea (2015). "Undocumented Immigrants, Driver's Licenses, and State Policy Development: A Comparative Analysis of Oregon and California". eScholarship. Retrieved February 5, 2016.
  18. ^ U.S. Department of Homeland Security (2018). "REAL ID Frequently Asked Questions for the Public". Homeland Security. Retrieved February 5, 2018.
  19. ^ Grad, Shelby (2014). "Immigrants Can Soon Get Driver's Licenses, But it's Been a Long Road". Los Angeles Times. Retrieved February 5, 2018.
  20. ^ Department of Motor Vehicles (2015). "DMV Begins Accepting Driver License Application Under AB 60". California.Gov. Retrieved February 5, 2018.
  21. ^ Department of Motor Vehicles (2016). "AB 60: 605,000 Driver's Licenses Issued In the First Year". California.Gov. Retrieved February 5, 2018.
  22. ^ Sanchez, Tatiana (2016). "DMV Licensed 800,000 Illegal Aliens Under 2-Year-Old Law". The Mercury News. Retrieved February 5, 2018.
  23. ^ Koseff, Alexei (2017). "Illegal Alien driver's licenses near milestone in California". The Sacramento Bee. Retrieved February 5, 2018.
  24. ^ Hans Lueders, Jens Hainmueller and Duncan Lawrence (2017). "Providing driver's licenses to unauthorized aliens in California improves traffic safety". PNAS. 114 (16): 4111–4116. doi:10.1073/pnas.1618991114. PMC 5402447. PMID 28373538.
  25. ^ Chan, Sewell (September 21, 2007). "Illegal Immigrants Will Be Allowed to Obtain Driver's Licenses". City Room. Retrieved 2019-05-02.
  26. ^ a b Bernstein, Nina (September 22, 2007). "Spitzer Grants Illegal Immigrants Easier Access to Driver's Licenses". The New York Times. ISSN 0362-4331. Retrieved 2019-05-02.
  27. ^ Confessore, Nicholas (October 31, 2007). "Visa Data to Be Included on Driver's Licenses Again". The New York Times. ISSN 0362-4331. Retrieved 2019-05-02.
  28. ^ "Department of Motor Vehicles Changes License Policy to Include More New Yorkers and Implements New Regime of Anti-Fraud Measures to Strengthen the Security of the System". press release. Office of the Governor of New York. September 21, 2007. Archived from the original on 2007-10-30. Retrieved 2007-11-10.
  29. ^ Bernstein, Nina (September 22, 2007). "Spitzer grants undocumented immigrants easier access to driver's licenses". The New York Times. Retrieved 2007-11-14.
  30. ^ Confessore, Nicholas (October 23, 2007). "Senate Votes to Stop Spitzer Plan to Give Undocumented Immigrants Driver's Licenses". The New York Times. ISSN 0362-4331. Retrieved 2019-05-02.
  31. ^ Confessore, Nicholas (November 14, 2007). "Spitzer Drops Bid to Offer Licenses More Widely". The New York Times. ISSN 0362-4331. Retrieved 2019-05-02.
  32. ^ Filieau, George (September 2, 2013). "New York State driver license types and classes". New York DMV. Retrieved 2019-05-02.
  33. ^ "Get to Know the Coalition". Green Light NY. October 11, 2018. Retrieved 2019-06-18.
  34. ^ Hogan, Bernadette (February 28, 2019). "Brooklyn DA supports plan to give driver's licenses to illegal immigrants". New York Post. Retrieved 2019-06-18.
  35. ^ Deutsch, Kevin (9 March 2019). "Bronx DA Comes Out in Favor of Licenses for Undocumented Immigrants". bronxjusticenews.com. Retrieved 2019-06-18.
  36. ^ a b Wang, Vivian (June 17, 2019). "Driver's Licenses for the Undocumented Are Approved in Win for Progressives". The New York Times. ISSN 0362-4331. Retrieved 2019-06-18.
  37. ^ Jorgensen, Michael Gartland, Jillian. "Bill to let undocumented residents get driver's licenses to be introduced in City Council: exclusive". nydailynews.com. Retrieved 2019-06-18.{{cite web}}: CS1 maint: multiple names: authors list (link)
  38. ^ "Al Sharpton: Illegal aliens must have driver's licenses, calls it a 'civil rights concern'". GOPUSA. June 7, 2019. Retrieved 2019-07-01.
  39. ^ Magnarelli, Tom (27 April 2018). "Nixon supports driver's licenses for undocumented immigrants, wants less cooperation with ICE". www.wrvo.org. Retrieved 2019-06-18.
  40. ^ "Immigrant Rights". Cynthia For New York. Retrieved 2019-06-18.
  41. ^ Schapiro, Edgar Sandoval, Rich. "Cuomo urged to allow driver's licenses for undocumented immigrants after ICE arrested pizza deliveryman". nydailynews.com. Retrieved 2019-06-18.{{cite web}}: CS1 maint: multiple names: authors list (link)
  42. ^ "Kearns says auto bureaus won't process licenses for undocumented immigrants". The Buffalo News. May 17, 2018. Retrieved 2019-06-18.
  43. ^ Vielkind, Jimmy. "Hochul clarifies position on immigrant driver's licenses". Politico PRO. Retrieved 2019-06-18.
  44. ^ Nahmias, Laura. "Cuomo sails to primary victory, with eyes to the White House". Politico PRO. Retrieved 2019-07-02.
  45. ^ "Election 2018 – New York Governor – Molinaro vs. Cuomo". RealClearPolitics. Retrieved 2019-07-02.
  46. ^ "Speaker Carl Heastie and Assemblymember Marcos Crespo Statement on Access to Drivers Licenses for all New Yorkers". nyassembly.gov. Retrieved 2019-07-01.
  47. ^ "New York Assembly Approves Driver's Licenses for Undocumented Immigrants". 13 June 2019.
  48. ^ "NY State Senate Bill S1747B". NY State Senate. June 10, 2019. Retrieved 2019-07-01.
  49. ^ "Queens leaders unite in Flushing urging for the passage of driver's licenses for all". QNS.com. Retrieved 2019-07-01.
  50. ^ a b Slattery, Denis. "Cuomo says fate of law granting driver's licenses to undocumented immigrants uncertain as county clerks vow to defy new statute". nydailynews.com. Retrieved 2019-07-01.
  51. ^ a b c "Attorney General James' Statement On Green Light Bill". New York State Attorney General. Retrieved 2019-07-01.
  52. ^ Wang, Vivian (17 June 2019). "Driver's Licenses for the Undocumented Are Approved in Win for Progressives". The New York Times.
  53. ^ Goldbaum, Christina (June 21, 2019). "Rebellion by County Clerks Over N.Y. Licenses for Undocumented Immigrants". The New York Times. ISSN 0362-4331. Retrieved 2019-07-01.
  54. ^ a b D'Iorio, Desiree. "AG James Defends Immigrant Driver's License Law". www.wshu.org. Retrieved 2019-07-01.
  55. ^ "NY State Senate Bill S1747A". NY State Senate. May 30, 2019. Retrieved 2019-07-02.
  56. ^ "Senadora salvadoreña contra licencias para indocumentados". Washington Hispanic. June 21, 2019. Retrieved 2019-07-02.
  57. ^ Junio 2019, Por: Edwin Martinez | 18 de (18 June 2019). "Indocumentados cuentan los días para tener licencias en diciembre". El Diario NY (in Spanish). Retrieved 2019-07-02.{{cite web}}: CS1 maint: numeric names: authors list (link)
  58. ^ "Salvadoreña entre senadores que no apoyaron la licencia de conducir para indocumentados en Nueva York". elsalvador.com (in Spanish). June 18, 2019. Retrieved 2019-07-02.
  59. ^ "HB2015 2019 Regular Session – Oregon Legislative Information System". olis.leg.state.or.us. Retrieved 2019-08-17.
  60. ^ "The Equal Access to Roads Act – HB 2015 (2019)". ACLU of Oregon. March 22, 2019. Retrieved 2019-08-17.
  61. ^ Morrison, Erica (February 27, 2019). "Oregon Legislators Want To Reinstate Driving Privileges For Undocumented Immigrants". OPB. Retrieved 2019-06-18.
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