Summary: Drivers Licenses for Illegal Immigrants
The requirements for obtaining a driver's license varies by state. Some states are
proposing legislation to prohibit the issuance of state issued identification to
individuals who are unable to prove legal immigration status. Conversely, in other
states it is possible for an illegal immigrant to obtain a driver's license, as no
proof of legal immigration status is required. Interestingly, legislation almost
passed in California that would have made it very easy for an illegal immigrant to
obtain a driver's license. In September 2003, former Governor Gray Davis of
California signed a bill that would have given illegal immigrants the chance to
obtain a California driver's license. Many Californians applauded Governor
Davis's actions, as many feel that in order to make all drivers safer, everyone
should be able to get a driver's license.
The supporters argued that there were many illegal immigrants driving without a
license, and by giving illegal immigrants the opportunity to obtain a license and
pass the required driving test, overall safety would improve. In addition to having
a driver’s license, illegal immigrants would also be required to have car insurance,
as required by state law in California. Because insurance companies only insure
individuals with a driver’s license, if this legislation passed, more individuals
would be able to obtain car insurance. Advocates also cite that this would, in turn,
drive down the cost of car insurance, in addition to making the roads safer.
Another added benefit would be that the black market for driver's licenses would
be significantly reduced.
Opponents to the former governor's legislation argued that by allowing
undocumented immigrants to obtain a driver's license, they are being rewarded
for entering the country illegally. In addition, critics also maintained that driver's
licenses for illegal immigrants would only encourage more illegal immigrants to
cross the U.S.-Mexico border. Opponents also cited matters of national security
and stated that driver’s licenses could also be used for identification purposes
which may lead to more terrorists entering the U.S. In response, some
government officials have proposed that a “driving only” document be issued to
individuals who are unable to prove legal immigration status. The "driving only"
license would be easily differentiated from a normal driver's license and would
not be an acceptable form of identification in many instances. Nonetheless,
California has yet to pass any legislation regarding driver's licenses for
undocumented immigrants. When Governor Schwarzenegger came into office he
was quick to repeal the bill signed by former Governor Davis. The most
common discourse surrounding driving is that it is a privilege for law-abiding
citizens and noncitizens.
After the terrorist attacks of September 11, the federal government implemented
heightened security measures when obtaining state-issued identification cards,
such as a driver’s license or a social security number. As such, new federal laws
were introduced that made it a requirement to show proof of legal residency
status and identity in order to obtain a state driver’s license or any other stateissued id. Legislation was also passed that stated as of May 2008, driver's
licenses issued by states that do not meet the federal requirements will not be
accepted as legal identification to gain entry into a federal building or to board an
airplane in the U.S. However, the government recently granted an extension until
2012, in order to allow ample time for states to comply with the new measures.
Some states, such as Texas, have already passed legislation and proof of legal
residency is now required in order to obtain a state id. Already, without proving
legal residency status, there are numerous required documents an individual
must submit in order to obtain a driver’s license. The following are requirements
for the state of California: (1) a fee, (2) proof of social security number (SSN), (3)
proof of identity, (4) verification of birth date and proof of legal presence, (5)
limited term legal presence, (6) vision exam and (7) the signature of the parent or
guardian for minors. Requirements for driver’s license may vary from state to
state, so it is recommended to refer to the state's department of motor vehicles
(DMV) website.
Driver's Licenses For Undocumented Aliens
Introduction
A controversial facet of the illegal immigration issue is the issuance of driver's
licenses to undocumented workers. There are an estimated 2 million undocumented
motorists who are currently driving. The issue has become especially significant in
California, where almost 32% of illegal immigrants reside.
With opinion polls revealing strong resistance to driver's licenses for illegal
immigrants, the issue has become one of the key topics in California politics. Those
who favor licenses for illegal immigrants say that licenses provide more information
about who is living in any given community, help undocumented residents better
understand driving laws and road rules, help keep bad drivers off the road and
improve our national security. Those who oppose licenses say giving undocumented
immigrants driver's licenses offers government approval of their illegal immigration
status which could lead to even further immigration in the future. They also claim
that national security is at risk if undocumented immigrants are allowed such
licenses.
Driver's Licenses
California
Undocumented immigrants were eligible for driver licenses in California until 1993,
when the Legislature passed SB 976. Gov. Pete Wilson signed the bill which
required residents to provide a Social Security number and proof that their
presence in California "is authorized under federal law" in order to obtain a license
to drive. Before then, applicants needed only pass requisite driver safety tests.
The notion of returning licenses to undocumented immigrants gained prominence in
2001, when State Senator Gil Cedillo ( D-Los Angeles) introduced legislation
providing for full licenses. In June 2004 Cedillo introduced SB1160 (the Immigrant
Responsibility and Security Act), mandating that immigrants submit a full set of
fingerprints, undergo state and federal criminal background checks, and have a
formal "sponsor" who is a U.S. citizen. Any applicants with a criminal record,
including any misdemeanors, would be barred from obtaining a license. And any
immigrants from countries identified by the U.S. government as state sponsors of
terrorism would be barred. Cedillo and his allies contend the state's roads are
currently more dangerous because of undocumented motorists. They believe formal
licensing would help public safety because law enforcement would be better able
to track problem drivers. They also claim that licensing will allow the government
to track potential terrorists. Other undocumented worker advocates believe that
licensing illegal immigrants would be a step towards a fairer policy overall.
Opponents of the bill believe that licenses would reward those who are here
illegally with driving privileges. They also claim that licenses would hurt national
security by helping terrorists open bank accounts and board planes.
In an effort to further driving related rights for illegal immigrants, Cedillo
introduced SB 591 in Feb. 2005. The bill would exempt illegal immigrants from
having their vehicle impounded when they are caught without a license. Under
current law, police can impound the vehicle of a motorist caught driving without a
valid license for 30 days. Cedillo claims that the police should be busy enforcing
more important driving violations while critics claim that the bill would give illegal
immigrants special treatment. The bill has received relatively minor press, unlike
Cedillo's driver's licenses efforts. A poll by the Field Institute in March 2005, found
that the measure was opposed by more than six in 10 of Californians surveyed.
Sixty-two percent of those surveyed disapprove of the measure, while 35 percent
were in favor. However, poll respondents were evenly split on issuing a different
type of driver's license that would allow illegal immigrants to drive but identify
them as not having legal status. On specially marked licenses, 49 percent of survey
respondents favored them and 48 percent were opposed.
At the National Level
Under Title 8 Section 1325 of the U.S. Code, anyone who is citizen of any country
other than the United States who enters or attempts to enter the United States at
any time or place other than as designated by immigration officers or eludes
examination or inspection by immigration officers is considered an illegal immigrant.
The Immigration and Naturalization Service (INS) estimates that in January of 2000
there were 7 million illegal aliens living in the United States, a number that is
growing by half a million a year. While illegal immigration has been hotly debated
for over a decade, the issue has grown more controversial after the 9/11 terrorist
attacks, with fears over militants gaining access to driver's licenses as identification
cards while planning attacks on U.S. soil. Some pundits claim that the application
and issuance process could lead to identifying potential terrorists. Others say that
issuing any form of identification legitimizes the immigrant's illegal status. They
also point to the fact that known terrorists have obtained driver's licenses in the
past and the potential exists for their easy access to undocumented licenses.
The 9/11 Commission Report on the September 11th terrorist attacks contained a
recommendation that the federal government should standardize identification
documents issued by all 50 states, including driver's licenses. In the post 9/11 era, a
series of bills were introduced in Congress that would have required states to link
the expiration date of the driver's license or ID card to the immigrant status of the
cardholder. While these bills died in the legislative process, a more extreme bill,
The Real ID Act (HR418), was introduced in January 2005. It sought to bar all states
from issuing driver's licenses to people who cannot prove they are in the U.S. legally.
The House voted 261-161 to approve the bill on February 10. President Bush
endorsed the act in February. Congress passed the act in April 2005. In March,
Republicans in Congress also added immigration-related provisions to the $81.3
billion War Spending Bill. One of the measures would set federal standards for
driver's licenses, forbidding states from issuing them to illegal immigrants. Other
provisions would create tighter restrictions on gaining asylum in the United States
and complete a 3 1/2-mile section of the fence on the U.S.-Mexico border near San
Diego. The War Spending Bill passed the House of Representatives on May 5, 2005.