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Nonetheless, many immigrants have expressed concerns that the information provided for a non-REAL ID license will be used against them by immigration agents or rogue police officers.Īs described below, the California Department of Motor Vehicles (“DMV”) makes certain information from its driver’s license and vehicle registration databases available to law enforcement agencies, including the Department of Homeland Security (“DHS”) and immigration agents in DHS agencies such as the Enforcement and Removal Operations component of U.S. ” CONFIDENTIALITY PROTECTIONS FOR CALIFORNIA DRIVER’S PERSONAL INFORMATIONĬalifornia law protects the confidentiality of information about California drivers and prohibits discrimination against drivers based on the type of license they present. This license is issued only as a license to drive a motor vehicle. The front of a California non-Real ID license is marked “Federal Limits Apply” and the back is marked “This card is not acceptable for official federal purposes. The non-REAL ID license has markings to distinguish it from a REAL ID driver’s license. Applicants for driver’s licenses under AB 60 receive non-Real ID licenses. Individuals who are eligible for a Real ID license can choose either to obtain a Real ID license or instead obtain a non-Real ID license. In order to comply with the Real ID Act, California now issues two licenses: a Real ID license that can be accepted by federal agencies for official purposes and a non-REAL ID license that cannot be accepted by federal agencies. The Real ID Act also authorizes the issuance of specially-marked licenses that do not meet those requirements (referred to as “non-Real ID license”).

Under the federal REAL ID Act, states must meet certain requirements in order for state driver’s licenses to be acceptable as identification for certain federal purposes (referred to in this report as a “Real ID license”). To date, over a million drivers in California have obtained an AB 60 license. In addition, applicants must provide either a Social Security number or certify in their driver’s license application (known as a DL 44 form) that they are not eligible for a Social Security number. To obtain a driver’s license under AB 60, an individual must submit proof of identity and proof of residency in California. Drivers who have licenses can go about their daily lives with the ability to identify themselves to law enforcement and to businesses with the knowledge that they won’t be ticketed or have their cars impounded based on their lack of a license.ĪB 60, which became effective in 2015, allows individuals to apply for driver’s licenses in California regardless of their immigration status and without proving that they are lawfully present in the United States. Trained, tested, and insured drivers improve public safety. Giving immigrants are given the opportunity to obtain a California driver’s license yields significant benefits to the state’s communities and drivers. AB 60 created a landmark driver’s license program for immigrants. In 2013, the California legislature passed AB 60, the Safe and Responsible Driver’s Act.

Prepared by ACLU of Northern California and National Immigration Law Center How California Driver’s License Records Are Shared with the Department of Homeland Security Documents Obtained under Public Records Act Requests to the California Department of Justice and the California Department of Motor Vehicles

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