Undocumented immigrants (also called illegal aliens) can obtain driver’s licenses in California. Under the state law AB 60, individuals who cannot prove legal presence in the United States can receive a driver’s license under certain conditions. They must meet all other qualifications for licensure and provide satisfactory proof of identity and California residency.
The AB 60 driver’s license and other parts of U.S. immigration law can be challenging to understand. If you or a loved one wants legal help with your documentation, a Los Angeles immigration law violations lawyer from Simmrin Law Group can help. You can start with a free consultation.
What Is an AB 60 Driver’s License in California?
The AB 60 driver’s license was named for Assembly Bill 60, which authorized the licenses. This bill removed the part of the process of getting a driver’s license that required proof of legal residence in the state. That way, undocumented immigrants can obtain a license.
The AB 60 license, then, is essentially a standard driver’s license. It affords the same rights but with one exception: AB 60 licenses are not Real ID-certified. This means you cannot use them to board an airplane or vote—you would need a passport.
Other than that, the only difference between a standard driver’s license and an AB 60 license is the process that you go through to get the driver’s license. With an AB 60 license, you can drive a non-commercial vehicle as long as you pass a driving test and have not had your license revoked.
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Who Is Eligible to Apply for an AB 60 Driver’s License?
To be eligible for an AB 60 driver’s license, you must meet three criteria on top of the basic legal requirements for having a driver’s license:
- Be a California resident.
- Be able to prove your identity.
- Be willing to sign an affidavit that says that you are not eligible for a Social Security number but are authorized to reside in the United States.
The California Department of Motor Vehicles (DMV) provides an AB 60 checklist for applicants who want to know what documents they need to provide.
However, some things disqualify you from receiving a driver’s license, namely a criminal record, past deportation, or other legal hangups. If you’re dealing with criminal charges, a Los Angeles criminal defense lawyer from Simmrin Law Group may be able to help.
How to Apply for an AB 60 Driver’s License in California
If you meet those requirements, you must undergo the application process for your AB 60 license. To receive a driver’s license, undocumented immigrants must complete the same basic steps other applicants would, plus some extra steps to prove their status.
The process for undocumented people to get a driver’s license includes the following:
Completing the Application for a Driver’s License or Identification Card
The first step in the application process is to send in your application. The driver’s license or identification (DL/ID) card application, which you can complete online or at the DMV, requires you to go through the subsequent steps of the process. You also must pay an application fee.
Providing Your Documents
At your DMV appointment, you must provide all documents to prove your identity and your residence in California. The DMV will also scan your thumbprint and take your picture for their records.
Taking the Tests
Here comes one of the most important parts of receiving a driver’s license: taking the tests. Like other license applicants, undocumented immigrants must show they can drive responsibly.
To receive a driver’s license in California, applicants must pass a written knowledge test, a vision test, a driving test, and possibly a road signs test. Fortunately, potential drivers can access plenty of resources to prepare for their tests.
Does Having a Driver’s License Give You Legal Status in California?
No, having a driver’s license does not give license holders legal status in California. The AB 60 license is meant to give undocumented immigrants the ability to drive and easily prove their identity in a non-legal context.
California does not grant any legal status to immigrants. So, a California driver’s license is not enough to vote in U.S. elections or prove resident status to an employer. The U.S. federal government is the only entity that can grant legal status, so undocumented immigrants who want legal status will have to go through the proper channels.
Why Does the Phrase ‘Federal Limits Apply’ Appear on an AB 60 License?
“Federal Limits Apply” appears on California’s AB 60 licenses to indicate these documents do not meet the standards under the federal Real ID Act of 2005. This act established specific federal requirements for state-issued driver’s licenses and identification cards to be accepted for certain purposes, such as:
- Entering federal facilities.
- Accessing nuclear power plants.
- Boarding federally regulated commercial aircraft.
Since AB 60 licenses are marked with the phrase “federal limits apply,” they can’t be used for federal purposes. As California’s DMV notes on its Real ID web page, individuals applying for or renewing an AB 60 driver’s license cannot obtain a Real ID driver’s license or identification card.
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Do California Police Report Undocumented Immigrants With an AB 60 License?
No, California police do not typically report or turn in undocumented immigrants with an AB 60 license just for holding such a license. The AB 60 license allows undocumented immigrants to drive legally in the state. It also helps ensure drivers take the proper tests, receive insurance, and can be held accountable for their driving record.
You Can Talk to a Criminal Defense Lawyer for Free Today
Undocumented immigrants can get driver’s licenses in California. However, some immigrants with criminal records may not be able to obtain an AB 60 driver’s license. If you want legal representation for an immigration law case involving criminal charges, Simmrin Law Group can help.
Our criminal defense attorneys treat clients like family, and we protect illegal immigrants’ rights when they are accused of a crime. We handle each case with compassion and skill, and we know how to navigate California’s complex legal system. Call us or contact us online for a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form