Can undocumented immigrants get a California driver’s license?

Yes. As of January 1, 2015, undocumented immigrants in California can obtain a special “AB 60 license” without a social security number. 1 This was the result of California Assembly Bill 60, the “Safe and Responsible Driver Act.”

An AB60 license looks the same as a regular driver’s license (DL), but is marked “Federal Limits Apply” in the upper right-hand corner.

To date, the California DMV has issued more than 1,000,000 AB60 licenses to undocumented aliens. 2

1. What does an “AB 60 license” do?

If you are undocumented, an AB 60 license lets you drive legally in the state provided you meet all other qualifications (such as insurance and passing a driver’s test).

The license can also be used as legal identification with California law enforcement agencies.

2. What can an AB 60 license NOT do?

An AB 60 license is not valid for official federal purposes. Therefore it does NOT:

• Make you eligible for employment,
• Allow you to register to vote, or
• Allow you to obtain public benefits. 3

It also does not protect against discrimination from:

• Federal law enforcement agencies, or
• Law enforcement from other states.

When not to use an AB 60 license

Because an AB license does not offer federal protection, it should not be presented to federal officials. Federal officials include those from:

• United States Immigration and Customs Enforcement (ICE),
• Customs and Border Protection (CBP), and
• The Transportation Safety Administration (TSA) (when boarding a flight leaving from or arriving in a U.S. city). 4

We also recommend using caution in other states (which may or may not have laws and/or policies protecting undocumented immigrants).

3. How do I get an AB 60 driver’s license in California?

If you are undocumented, you can apply for an AB 60 DL as long as:

1. You can prove your identity and California residence, and
2. You otherwise qualify for a license.

Learn how to apply for an AB 60 license by visiting the DMV’s “AB 60 driver’s license” webpage.

You can learn what documents you need to prove residence by visiting the California DMV’s AB60 Checklist webpage.

4. Is it safe for an undocumented immigrant to get or use a driver’s license?

As of now yes, unless ICE is already looking for you.

Under California AB 60, law, state and local law enforcement agencies may not:

• Discriminate against a holder of an AB-60 license, 5 or
• Use such a license as a basis for “investigation, arrest, citation or detention.” 6

Therefore, showing an AB60 license to an officer should not result in an arrest for unlawful presence.

Note that you may still be arrested in a situation in which the officer would arrest someone who is here lawfully.

In addition, there is a federal law – 8 U.S. Code 1373 – which prohibits local law enforcement from sending information to the Immigration and Naturalization Service (INS).

This potentially puts federal law in conflict with new California “sanctuary state” protections.

Senate Bill 54 and California “Sanctuary State” protections

California Senate Bill 54 introduced new protections for undocumented immigrants. It amended the Government Code to make the state a so-called “sanctuary state” as of January 1, 2018.

Among its many provisions, SB 54:

• Prohibits state and local law enforcement officers from asking about immigration status; and
• Prohibits law enforcement from sharing information about status with federal immigration authorities unless:
  • The information is available to the general public, or
  • You are a registered sex offender, or
  • You have been convicted of any of 31 specified serious crimes in the last 15 years. 7

  California DMV records do not identify license by AB 60 status

  State DMV records do not identify licenses by whether they are regular or AB 60 licenses.

  Though the DMV can respond to a request from the Department of Homeland Security. 8

  So if ICE is already looking for you specifically, the DMV can provide DHS with your address and photo.

  Also, according to The Verge, dozens of California agencies share data on license plate numbers through a network accessible by United States Immigration and Customs Enforcement (ICE). 9

  5. I am undocumented. Should I get an AB 60 license?

  It is a personal decision.

  In general, we recommend that someone who is not in trouble with the law get an AB 60 license if you will be driving in California.

  An AB 60 license allows an immigrant to drive lawfully in California. So having one can prevent you from getting arrested for VC 12500 – driving without a license.

  What if I have a criminal history?

  Getting a DL may be risky for someone with a criminal record. DHS and other law enforcement agencies can use the DMV’s databases to locate persons of interest.

  If you are in this situation, you may wish to consult with an experienced California criminal and immigration lawyer before applying.

  Regardless, we recommend that you exercise caution when dealing with law enforcement.

  In particular, we advise that you not answer questions relating to immigration status or disclose your status without first speaking to a lawyer.

  6. What if I had a driver’s license with a fake name in the past?

  The DMV’s current policy is not to pursue criminal prosecution if you used false information in the past as long as doing so did not cause any harm.

  The DMV requires disclosure of prior DLs. If you used someone else’s social security number or identification, you are at higher risk than if you just made up fake information. 10

  As noted above, the DMV can share information with federal law enforcement officials if they are already looking for a specific person.

  To be safe, consult with a California criminal attorney before applying for a DL.

  Legal References

  1. California Vehicle Code 12801.9(a) VC “Notwithstanding Section 12801.5, the department shall issue an original [DL] to a person who is unable to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law if he or she meets all other qualifications for licensure and provides satisfactory proof to the department of his or her identity and California residency.”
  2. See “More than a million undocumented immigrants have received California [DLs],” Sacramento Bee (April 4, 2018).
  3. See California Vehicle Code 12801(d)(2) VC: “The license shall bear the following notice: ‘This card is not acceptable for official federal purposes. This license is issued only as a [DL] to drive a motor vehicle. It does not establish eligibility for employment, voter registration, or public benefits.’”
  4. For a list of acceptable forms of identification, see Transportation Security Administration, Identification.
  5. California Vehicle Code 12801.9 (h) VC: “It shall be a violation of law, including, but not limited to, a violation of the Unruh Civil Rights Act (Section 51 of the Civil Code), to discriminate against an individual because he or she holds or presents a [DL] issued under this section.”
  6. California Vehicle Code 12801.9 (k) VC, which codified AB 60 Sec. 2(b): “A driver’s license issued pursuant to [Vehicle Code] Section 12801.9 shall not be used as evidence of the holder’s citizenship or immigration status, and shall not be used as a basis for a criminal investigation, arrest, or detention in circumstances where a person with a driver license that was not issued under Section 12801.9 would not be criminally investigated, arrested, or detained.”
  7. See California Government Code 7282 and subsequent sections.
  8. See 8 U.S. Code 1373, which prohibits state and local law enforcement from
  9. See “California claims sanctuary status, but 80 state agencies still share license plate data widely,” The Verge (March 1, 2018).
  10. See also People v. Wilson (Court of Appeal of California, Second Appellate District, Division Five, 2016) B260990; People v. Morales (Court of Appeal of California, First Appellate District, Division Five, 2015) A142092.