In the United States, obtaining a driver's license for undocumented immigrants can be complex and vary by state. California, however, has taken a significant step toward inclusivity by implementing California Assembly Bill 60 (AB 60), which enables undocumented immigrants to secure a driver's license. 
This legislation, also known as the Safe and Responsible Driver Act, has paved the way for over a million undocumented residents to drive legally within the state. In this blog, we will explore the process, requirements, and limitations that come with getting a driver's license as an undocumented immigrant in California.

Understanding California's AB 60 Driver's License

Before AB 60 became law in California on January 1, 2015, undocumented immigrants were unable to obtain a driver's license, leaving them vulnerable to legal issues. The passage of this legislation allowed undocumented individuals to drive legally, with the license functioning like a regular California driver's license, except it is marked with "Federal Limits Apply." This designation indicates that the license cannot be used for federal purposes like voting, employment, or accessing public benefits. For many individuals who later become eligible to adjust their immigration status, understanding the difference between Adjustment of Status vs. Consular Processing is critical. While one allows applicants to apply for permanent residency from within the United States, the other requires processing through a U.S. consulate abroad, each with its own procedures and implications.

Who Is Eligible for an AB 60 License?

Undocumented immigrants in California who meet the following criteria are eligible to apply for an AB 60 license:

• Proof of Identity: Applicants must prove their identity using documents such as a passport, consular card, or electoral card.
• California Residency: Applicants must provide documentation showing that they are residents of California. This can include utility bills, school records, rental agreements, or other official documents that indicate they live in the state.
• Pass the Driving Test: Like any other driver's license applicant, undocumented immigrants must pass the written knowledge test and the behind-the-wheel driving test to demonstrate their driving competency.
• Proof of Insurance: A valid auto insurance policy is required to obtain a driver's license in California.

It's important to note that while applicants do not need a Social Security number (SSN) to apply for an AB 60 license, they must still meet the general qualifications to be a licensed driver. The purpose of the AB 60 law is not only to give undocumented immigrants the ability to drive legally but also to ensure that they have passed the necessary tests and are covered by auto insurance, both of which contribute to safer roads for all California residents.

The Application Process

The application process for an AB 60 license is straightforward, though it can vary slightly depending on the applicant's circumstances. First, applicants must gather the necessary documents, such as proof of identity and residency. Once these documents are in hand, they can schedule an appointment at the California Department of Motor Vehicles (DMV) to apply for their AB 60 license.
Here's an overview of the steps involved in applying for an AB 60 license:

1. Gather Required Documents: Applicants must prove their identity and California residency. The California DMV website offers a list of acceptable documents.
2. Complete the Application: At the DMV, applicants must complete an application form and pay the application fee.
3. Pass the Written Knowledge Test: The written knowledge test is designed to ensure that applicants understand California's traffic laws and safe driving practices. The DMV offers study materials to help prepare for the exam.
4. Pass the Behind-the-Wheel Driving Test: After passing the written test, applicants will take the behind-the-wheel driving test to prove their ability to handle a vehicle safely.
5. Receive the AB 60 License: If applicants pass both tests, they will be issued an AB 60 driver's license, marked with the "Federal Limits Apply" designation.

It's worth noting that AB 60 licenses are issued by the California DMV, which maintains confidentiality regarding the applicant's immigration status. This means that the DMV will not disclose information about an applicant's immigration status to federal authorities, such as U.S. Immigration and Customs Enforcement (ICE), unless there is a direct legal requirement to do so.

What Can an AB 60 License Do?

An AB 60 license offers several key benefits to undocumented immigrants in California:

1. Legal Driving Privileges: The most obvious benefit is the ability to drive legally within the state of California. Undocumented immigrants can now drive without fear of being pulled over for driving without a license, which could lead to fines or other legal consequences.
2. State Identification: The AB 60 license can be used as a valid form of photo identification in California. It can be shown to law enforcement officers, and it may also be used for non-federal purposes such as opening a bank account or obtaining state services.
3. Improved Public Safety: By allowing undocumented immigrants to obtain a driver's license, California has ensured that more drivers on the road are properly trained, insured, and meet state standards for driving. This benefits the undocumented immigrant community and contributes to safer roads for everyone.

What Can an AB 60 License NOT Do?

While an AB 60 license provides many benefits, it has significant limitations. These restrictions primarily stem from the fact that the license is not valid for federal purposes. Here's what an AB 60 license cannot do:

1. Not Valid for Employment: The AB 60 license does not make the holder eligible for employment in the United States. It cannot be used to verify work authorization or establish eligibility for a job.
2. Not Valid for Voting: The AB 60 license does not grant the right to vote in federal elections or participate in other federal activities.
3. Cannot Be Used for Federal Identification: An AB 60 license cannot be used as a legitimate form of identification for federal purposes, such as boarding a flight or accessing certain federal facilities. When traveling by air, individuals with an AB 60 license will need to use a different form of ID, such as a passport.
4. Risk of Discrimination: Because the AB 60 license is marked with “Federal Limits Apply,” individuals may face discrimination or additional scrutiny from federal authorities, including ICE, CBP, or TSA. It is not recommended to use the AB 60 license when interacting with federal officials.

California's Sanctuary State Laws and Protections

California has long been a leader in protecting the rights of undocumented immigrants, with Senate Bill 54 (SB 54) designating the state as a "sanctuary state." This law prohibits state and local law enforcement from inquiring about or sharing an individual's immigration status with federal authorities, except in certain circumstances. Additionally, SB 54 ensures that an AB 60 driver's license cannot be used as a basis for detaining or arresting individuals based solely on their immigration status, providing undocumented immigrants with greater security when interacting with law enforcement in the state.

Should Undocumented Immigrants Apply for an AB 60 License?

The decision to apply for an AB 60 driver's license depends on personal circumstances. For many undocumented immigrants, it provides legal driving privileges, the ability to obtain car insurance, and valid identification within California. However, it's crucial to understand its limitations, especially for federal purposes. Those with a criminal history or concerns about immigration enforcement should consult an immigration attorney to assess whether applying for an AB 60 license is a safe choice.
California’s AB 60 driver’s license offers undocumented immigrants the opportunity to drive legally within the state, though it doesn't grant eligibility for employment, voting, or federal benefits. While it provides the necessary identification and legal driving privileges in California, applicants should consider consulting an immigration law firm to ensure it's the right decision. Bulldog Law understands the complexities of immigration law and can guide you through issues related to driver's licenses, immigration status, and more. Contact our experienced team today for a consultation.