As the January 1, 2015, undocumented immigrants have been may be to get a driver’s license in California. Well-known as one “AB 60 license,” it is accessible from the California DMV without a social defense number to immigrants who can prove they are California residents.

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An AB60 license allows an undocumented immigrant to:

Drive legitimate in California, andSafely determine themselves to state and also local legislation enforcement.

To date, more than one million undocumented immigrants have actually received AB60 driver’s licenses.

Should I obtain an ab license in California?

Whether an undocumented immigrant should gain a California abdominal 60 patent is a personal decision.

The trumped administration’s crackdown on unlawful immigration has made this a closer call than it supplied to be.

But, in general, us still recommend gaining an AB60 patent if:

You will be steering in California,You do not have actually a severe criminal history,You have never derived a license making use of a fake name or social protection number, andICE is not currently and also specifically in search of you.

Is it for sure for an undocumented immigrant to apply because that a driver’s license?

If one immigrant has not violated the law, it is usually safe to use for a driver’s license. Under California law, state and local regulation enforcement agencies might not:

Discriminate versus a holder of an AB-60 license, orUse together a license as a basis because that “investigation, arrest, citation or detention.”

But an immigrant may still be arrested in any type of situation in which someone that is here lawfully could be arrested.

For instance, if someone had actually previously supplied a fake surname or social security number to acquire a license, that person can be charged under California’s fraud laws.

Or a driver was weaving and smelled that alcohol, an officer could lawfully arrest that person for drunk driving.

Can the DMV share mine immigration status with commonwealth authorities?

Yes, but only if it it s okay a specific request indigenous the room of homeland Security.

So if ice cream is already looking for someone, the DMV can carry out DHS with the person’s address and photo.

Otherwise, the DMV will not tell the federal government an immigrant is seeking a license.

How walk California’s brand-new “sanctuary state” law influence drivers?

Thanks come Senate bill 54, California ended up being a so-called “sanctuary state” on January 1, 2018. Together a result, state and also local regulation enforcement officers might not generally:

Ask about someone’s immigration status; orShare information about someone’s status with commonwealth immigration authorities (except in limited circumstances).

This method that local and state law enforcement police officers cannot notify federal authorities when presented v an AB60 license.

What wake up if ns drive there is no a license?

Driving without a license have the right to be charged together either:

A non-criminal infraction, orA criminal misdemeanor.

An infraction is comparable to a parking ticket. It have the right to be punished just by a fine. This is usually just how a an initial conviction because that driving without a license is charged.

But, this is no guaranteed. And also subsequent convictions are more likely to be charged together a misdemeanor. This can an outcome in a higher fine and also possibly time in jail. It would likewise give the driver a criminal record.

Can driving there is no a license acquire an undocumented immigrant deported?

In California, the answer is “no.” yet that doesn’t necessarily average the immigrant won’t it is in charged v removal. The only way that the immigrant should have the ability to win in immigration court.

This can involve fighting the case.

We think it’s much better and safer for one immigrant to journey lawfully in the an initial place.

An immigrant that cannot do so should think about other means of transportation.

The limitations of one AB60 license

An ab 60 patent is not valid for main federal purposes. In fact, the words “Federal boundaries Apply” space marked clearly in the upper right-hand corner.

As a result, that does not permit an immigrant to attain employment or federal government benefits.

More importantly, that does not protect the holder against discrimination from:

Federal law enforcement agencies, orLaw enforcement policemans from other states.

Thus it have to not ever before be presented to commonwealth officials, including:

United says Immigration and also Customs Enforcement (ICE),U.S. Customs and Border security (CBP), orThe transportation Safety management (TSA) (when acquisition a trip leaving native or arriving in a U.S. City).

And undocumented immigrants need to never tell a law enforcement officer around their condition without an initial speaking to a lawyer.

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To discover more, please view our post on “Driving there is no a patent in California.”


Neil Shouse

A previous Los Angeles prosecutor, attorney Neil Shouse graduated v honors indigenous UC Berkeley and Harvard regulation School (and completed added graduate research studies at MIT). He has been featured ~ above CNN, good Morning America, Dr Phil, Court TV, The this day Show and Court TV. Grandfather Shouse has been recognized by the national Trial Lawyers as one of the height 100 Criminal and Top 100 civil Attorneys.