Do Immigrants Need Driver’s Licenses to Drive?

According to ImmigrationHelp, everyone, including foreign nationals, needs a valid driver’s license to drive in the United States. The specific requirements depend on the type of driver’s license you need and the duration of your stay [1].

Long-Term or Permanent Residents
If you plan to live in the U.S. long-term or permanently, you will likely need a driver’s license issued by the state’s Department of Motor Vehicles (DMV). A valid U.S. driver’s license allows you to drive anywhere in the country. Each state has different eligibility laws and residency requirements for obtaining a license.

Short-Term Visitors and Foreign License Holders
In some states, you may be able to drive with a license from your home country. You may be able to automatically receive a license from the state without taking a driving test if the state driving authorities recognize your country. This is known as foreign license reciprocity.

In other states, you may need both a license from your home country and an International Driving Permit (IDP). An IDP translates your identification card into 10 languages and allows you to drive legally in other countries. You must obtain an IDP from your home country’s motor vehicle department before traveling to the U.S.

By understanding these requirements, you can ensure you have the proper documentation to drive legally in the United States.

Understanding AB 60 Driver’s Licenses for Undocumented Immigrants in California

According to the ACLU, the Safe and Responsible Driver Act (AB 60), effective January 2, 2015, allows all eligible Californians to apply for a driver’s license regardless of immigration status [2].

AB 60 means that our friends, brothers, sisters, parents and neighbors will be able to drive without fear of having their cars impounded, being ticketed or left stranded by the side of the road for not having a license

Key points about AB 60 licenses:

License Appearance: AB 60 licenses read “federal limits apply” on the front and “not acceptable for official federal purposes” on the back.

Rights and Usage:

An AB 60 license is a valid California driver’s license.
State and local law enforcement must accept your AB 60 license just like any other state-issued license or ID.
Law enforcement cannot use your AB 60 license to investigate, arrest, or detain you based on immigration status.
State or local agencies, officials, or programs receiving state funds cannot discriminate against you for holding or presenting an AB 60 license.

Cautions for AB 60 License Holders

Out-of-State Use: Be cautious when showing your AB 60 license to law enforcement in other states, as their laws and policies may vary.
Federal Facilities: Do not use your AB 60 license to enter restricted areas in federal facilities.
Air Travel: Do not use an AB 60 license to pass through TSA at airports; use another form of identification, such as a passport.
Federal Law Enforcement: Do not use your AB 60 license to prove your identity to federal law enforcement officers, including Immigration and Customs Enforcement (ICE) and Customs and Border Protection.

Understanding these guidelines helps ensure that AB 60 license holders can navigate their rights and responsibilities effectively.

Can I Use an AB 60 License to Board an Airplane?

Experts recommend against using an AB 60 license to board an airplane due to two primary risks.

Firstly, the Transportation Security Administration (TSA) may not accept it, as their acceptance of AB 60 licenses (or similar licenses from other states) has been inconsistent.

Secondly, and more critically, TSA officials could use the license as a reason to detain someone, question them, and potentially refer them to Immigration and Customs Enforcement (ICE). AB 60 does not protect against discrimination by TSA officials, who may use it to flag individuals for ICE referral.

If a person needs to fly, she should use other identity documents, such as an unexpired passport, and be aware that TSA engages in immigration enforcement.

Does Getting a California Driver’s License Make Me Legal?

No, obtaining a California driver’s license does NOT grant you any legal status in the United States. Only the U.S. federal government can legalize someone’s U.S. immigration status—individual states do not have this authority.

Getting a California driver’s license allows you to legally operate a vehicle within the state and serves as an identity card for that purpose only. The primary reason for the California legislature passing this law was to enhance traffic safety. Studies showed that about one in five fatal crashes involved drivers without a proper license and that millions of California drivers were uninsured.

Therefore, a California AB60 license cannot be used for federal identification purposes, shown to employers, or used to vote in U.S. elections.

California Senate Bill 54: New Protections for Undocumented Immigrants

California Senate Bill 54, effective January 1, 2018, introduced new protections for undocumented immigrants, designating California as a “sanctuary state.”

Key provisions of SB 54 include:

Prohibiting State and Local Law Enforcement from Asking About Immigration Status: Officers cannot inquire about a person’s immigration status.
Restricting Information Sharing with Federal Immigration Authorities: Law enforcement cannot share immigration status information unless:
The information is publicly available,
The individual is a registered sex offender, or
The individual has been convicted of any of 31 specified serious crimes within the last 15 years.

These measures are designed to enhance the privacy and protection of undocumented immigrants in California.

Related Article: Eating While Driving in California

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References:

1. https://www.aclusocal.org/en/know-your-rights/your-rights-ab-60-drivers-license
2. https://www.immigrationhelp.org/learning-center/drivers-licenses-for-immigrants