New Law Authorizing Drivers Privileges for Illegal Immigrants-The Impact on Employers
Governor Jerry Brown signed AB 60 into law on October 3, 3013. The law allows individuals without immigration status to obtain driver privileges (DP) and to obtain a DP identification from DMV. The law goes into effect on January 1, 2015 in order to give DMV sufficient time to publish regulations and procedures and to staff up to meet the expected demand.
Furthermore, the driver privilege identification will not satisfy the I-9 requirements. While a state issued driver license is an acceptable List B document, a drivers’ privilege card will not be. By definition, anybody who applies for the driver’s privilege identification is most likely not work authorized.
It is my opinion that Congress will eventually grant employment authorization documents (EAD’s) sometime during the next two years to this same population segment – however it remains to be seen when. Until then, employers are reminded to remain vigilant regarding vigilant regarding accepting proper I-9 documentation for new hires and re-verifications.
Below is the release of the exact law and the requirements of AB 60. For our out of state clients this may not apply to you immediately but trends in California have a tendency to impact changes nationally especially under the current administration in Washington D.C.
FOR IMMEDIATE RELEASE
October 3, 2013
DMV Prepares to Implement AB 60 Testing, Licensing, and Insurance Requirements for Undocumented Drivers
SACRAMENTO – DMV today announced that it will begin the process of implementing AB 60 (Alejo)—the new law requiring DMV to issue driver licenses to undocumented persons—by drafting new regulations and preparing field offices to process new applications. The new law becomes operative by January 1, 2015.
“This law will improve public safety for all Californians by helping ensure that undocumented persons pass a written and driving test and obtain proof of insurance and a license before driving their vehicles in California,” said DMV Chief Deputy Director Jean Shiomoto. “Thanks to AB 60, we believe more drivers will be safer on California roads.”
To implement the new law, DMV will adopt regulations that will detail how applicants can prove identity and California residency. In drafting the regulations, DMV will follow rules set forth by the Office of Administrative Law (OAL). In general, this process will involve public notice of draft regulations, a public comment period, and a final decision by OAL. DMV will immediately begin this regulatory process by consulting with stakeholders and drafting proposed regulations.
DMV will also propose a design for the license; however the design must be reviewed by the U.S. Department of Homeland Security for compliance with federal law. DMV’s proposal will look similar to current licenses while complying with the new law by, for example, having the abbreviation “DP” for driving privilege, rather than “DL” for driver license. The new law explicitly prohibits discrimination based on this license. The new law also explicitly prohibits using the license for criminal investigation, arrest or detention based on immigration status.
In addition to drafting new regulations and designing the license, DMV will also begin preparing to process the additional applications. DMV currently processes approximately 27 million transactions per year in its offices, including about 10 million driver license related transactions. DMV also processes more than 12 million online transactions a year, such as renewing vehicle registrations and driver licenses, change of address, and notice of release of liability. DMV estimates that roughly 1.4 million undocumented persons could apply for driver licenses over the next three years once the program is implemented.
