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Fact check: Can illegal immigrants get a drivers license in california?
Executive Summary
California law enacted as AB 60 in 2015 permits residents to obtain a state driver's license regardless of immigration status, with specific documentation and use limitations; the license grants legal driving privileges in California but is expressly restricted for federal identification purposes (e.g., boarding commercial aircraft) [1] [2] [3]. Recent state developments also distinguish REAL ID eligibility, which requires proof of lawful presence, and a separate expansion of non‑driver ID access for all Californians is slated under AB 1766 by 2027 [4] [5].
1. What the law actually allows—and what it doesn’t—explained with clarity
California's AB 60, effective January 1, 2015, allows drivers who cannot prove lawful immigration status to apply for and receive a standard state driver's license if they can provide acceptable identity and California residency documents and pass the usual tests; the license authorizes driving and serves as a state ID for many state and local transactions [6] [3]. The statute explicitly prohibits using AB 60 licenses for federal identification purposes, meaning holders cannot use them to satisfy federal REAL ID requirements, board federally regulated commercial aircraft, or access certain federal facilities; this distinction is critical for beneficiaries and law enforcement interactions [2] [1].
2. How law enforcement and state agencies treat AB 60 licences—practical consequences
California policy directs that AB 60 licenses must be accepted by state and local law enforcement as valid proof of driving and identity for state functions, and policies limit using the license as a pretext to investigate immigration status, reducing some risks for holders when interacting with local authorities [1] [2]. However, federal agencies and some interstate contexts may not recognize the credential, and travelers who rely on the card for federal identification will face denial; this creates a two‑tier ID system that residents and officials must navigate daily [1] [4].
3. Documentation requirements and the DMV process—what applicants should expect
Applicants under AB 60 must present documentation that establishes identity and California residency, and must pass the standard written, vision, and driving tests; the DMV issues a distinct card design to indicate its non‑federal status, which helps clerks and officers identify its limitations [6] [2]. The practical effect is that while undocumented residents can drive legally, they must carry documents proving residency and follow the same testing and renewal rules as other drivers, which may pose administrative burdens for people lacking formal proof of residence [3].
4. The REAL ID distinction—why some immigrants remain excluded from federal ID access
REAL ID standards require documentation of lawful presence, so non‑citizens without legal status cannot obtain a REAL ID‑compliant driver's license or identification card; California therefore issues AB 60 licenses and offers separate REAL ID options for non‑citizens who can demonstrate lawful presence [4]. The consequence is that even when undocumented residents obtain a state license under AB 60, they cannot use it for federal purposes like boarding airplanes or entering federal facilities—an important limitation often overlooked in public claims [1] [4].
5. Recent and proposed expansions—what’s changing in California ID policy
Beyond AB 60, California has pursued additional measures to broaden ID access: Assembly Bill 1766 proposes expanding standard non‑driver identification cards to all Californians by 2027, allowing residents who cannot or do not drive to possess a state ID irrespective of immigration status [5]. This represents a policy trajectory toward broader inclusion at the state level, but it does not alter federal REAL ID rules, and implementation timelines and administrative details remain conditional on legislative and DMV action [5].
6. Multiple perspectives and political context—who supports or opposes these rules, and why
Advocates frame AB 60 and ID expansions as public‑safety and civic‑inclusion measures, arguing that licensed drivers are safer and more easily integrated into daily life; they emphasize reduced fear of driving for work or family needs and better insurance rates [3] [7]. Opponents argue such measures may conflict with federal immigration enforcement goals and raise concerns about identity verification; political messaging often amplifies these concerns, making public perception vary with partisan framing despite the law’s stated safety and administrative objectives [1] [8].
7. Bottom line for the question asked—direct answer and practical advice
Yes: under California law, undocumented immigrants can obtain a state driver's license through AB 60 if they meet California residency and identity document requirements and pass DMV testing; the license enables legal driving and many state‑level identification uses but cannot be used for federal identification or REAL ID purposes [1] [6] [2]. Prospective applicants should verify current DMV document lists, understand the REAL ID limitations, and track AB 1766 implementation for non‑driver ID options coming by 2027 [4] [5].