AB 60 driver’s license in California

AB 60 driver’s license in California

AB 60 driver’s license in California

In 2013, Governor Brown signed AB 60 into law. This means that the Department of Motor Vehicles (DMV) in California can issue a driver’s license to a resident of this state, regardless of his/her immigration status.

In other words, an undocumented immigrant can receive a driver’s license under AB 60. However, this document is valid for driving and for state ID purposes and is not a federal identification and cannot be used for certain purposes.

The AB 60 driver’s license does not give the right to work, vote or receive any benefits that the person was not already eligible for before obtaining this document. The holder of this ID can lawfully drive his/her children to school and doctor’s appointments.

AB 60 and law enforcement

Law enforcement cannot discriminate someone for having an AB 60 driver’s license. If you ever get pulled over in a traffic stop, you should have no problems. However, federal officials, such as ICE, CBP or TSA will not consider this type of license as valid and may use it against you.

It is also not recommended to use an AB 60 license to board an airplane because Transportation Security Administration (TSA) might not accept it and you could be stopped and questioned and ultimately referred to ICE (U.S. Immigration and Customs Enforcement).

In case you need to fly, you can use other documents, such as an unexpired passport and be aware that TSA engages in immigration enforcement. If you have any doubts, consult with an immigration lawyer in California who will be able to answer all of your questions.

Risks of using false information when applying for a driver’s license

If you have applied before for a driver’s license using your truthful and correct information, you should have no problem in applying for an AB 60 license.

However, if you used false information in a previous application to the DMV (fake name or social security number) you could be prosecuted for fraud in the past, although the Department of Motor Vehicles does not normally refer someone to criminal prosecution if the person applied with false information as long as this action did not cause any harm (bodily, financial, property harm; identity theft, avoiding child support).

If you gave false information only for obtaining a driver’s license, you should meet with an attorney in California for discussing your personal case in detail.

DUI and AB 60

If you have been convicted previously of a DUI (Driving under the influence) in California and you want to apply for an AB 60 license you need to be careful.

When you apply for a license, DMV registers your personal information and your fingerprints and ICE has access to this database. So, if you apply for an AB 60 license, and ICE is already looking for you, you could face a risk of being placed in removal proceedings.

You need to be sure you have completed all of the terms of your DUI conviction and speak first with a criminal and immigration lawyer in California to be sure it is safe for you to seek an AB 60 driver’s license.

In some cases, part of a DUI penalty is the suspension of the driver’s license. If this is your case, you will need for the suspension to be lifted to apply for AB 60. However, the suspension time does not start running until you apply for a new license, so you will still need to apply so the suspension can begin to occur.

Contact us at Kannan Law if you are thinking of applying for an AB 60 driver’s license and if you have also been convicted of a DUI. We will analyze your personal case and show you what your best options are in the state of California.