The California Department of Motor Vehicles estimates that 1.4 million drivers are unlicensed or insured, many of whom are unable to receive a license because they are undocumented. Assembly Bill 60 (“AB 60”) aims to keep California’s roads safe by allowing undocumented drivers to apply for a driver’s license, provided that they meet all other qualifications for licensure and present satisfactory proof of identity and California residency. Once properly licensed, these drivers will be able to purchase car insurance, as required by law. AB 60 prohibits law enforcement agencies from using the driver’s license for criminal investigation, arrest, or detention based on immigration status. AB 60 passed the California State Legislature in 2013 and will go into effect January 1, 2015.

The DMV is working to draft new regulations and prepare field offices to process the new applications. While the DMV continues to work through the regulatory process, future applicants are encouraged to begin preparing for the written exam. Applicants should read the California Driver Handbook, which is available for download in ten languages, as well as at local DMV field offices.

After January 1, 2015, undocumented licensee applicants can make an appointment to take the written exam and begin the application process. More information about obtaining a license under AB 60 can be found on the California DMV website.

AB 60 will not only benefit undocumented drivers, but also certain foreign nationals who are present in the United States based on valid non-immigrant work visas and who have to renew their driver’s licenses while their timely filed visa extension petitions are pending. Because the California DMV stopped honoring the previously applied 240-day rule after the REAL ID Act of 2005 took effect, many foreign workers with valid U.S. visas have been unable to renew their licenses during the pendency of their visa extension petitions, resulting in real problems and inconveniences. AB 60 will remedy this current problem.

Licenses issued under AB 60 will state “Federal Limits Apply” in the front top right corner and “This card is not acceptable for official federal purposes” on the back. This means that the holder may not use the document for federal purposes, including using it as identification to enter federal facilities or board a commercial airplane.

Furthermore, licenses issued under AB 60 will not establish eligibility for employment in the United States. AB 60 also does not change employers’ rights or obligations to obtain information required under federal law to determine an employee’s authorization to work. Employers will still need to require employees to provide documentation and follow the federal I-9 process to determine employees’ authorization to work. Actions taken by an employer as required under the federal Immigration and Nationality Act will not violate AB 60.

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