Driver's Licenses For Undocumented Aliens

Introduction

The United States currently has 7-10 million undocumented workers. The number continues to rise as the jobless from Mexico and other economically disadvantaged countries to the south cross the border into California, Arizona, New Mexico and Texas to find work. A controversial facet of the illegal immigration issue is the issuance of driver's licenses to undocumented workers. There are an estimated 2 million undocumented motorists who are currently driving. The issue has become especially significant in California, where almost 32% of illegal immigrants reside. In September 2003, shortly before the gubernatorial recall election, Governor Gray Davis signed legislation authored by Senator Gil Cedillo which allowed illegal immigrants to obtain driver's licenses, but the law was shortlived. During the recall campaign, Republican Arnold Schwarzenegger repeatedly promised that if elected governor, he would press the Legislature to overturn the law and ban driver's licenses for illegal immigrants. Following his election victory, the Legislature repealed the new legislation, but the issue continues to surface. Senator Cedillo introduced new legislation on the topic, and Schwarzenegger has said he would be open to signing a bill if it contained sufficient security precautions and if the license clearly identified the holder as an illegal immigrant.

With opinion polls revealing strong resistance to driver's licenses for illegal immigrants, the issue has become one of the key topics in California politics. Those who favor licenses for illegal immigrants say that licenses provide more information about who is living in any given community, help undocumented residents better understand driving laws and road rules, help keep bad drivers off the road and improve our national security. Those who oppose licenses say giving undocumented immigrants driver's licenses offers government approval of their illegal immigration status which could lead to even further immigration in the future. They also claim that national security is at risk if if undocumented immigrants are allowed such licenses.

Illegal Immigration in California

In the early 1990s the issue of illegal immigration in California became important to California voters (see "A Summary of Analysis of Voting in the 1994 Election", California Opinion Index, 1994). The California economy was experiencing a recession after a prosperous period during the 1980s and many analysts believe Californians were worried about their jobs and wages and felt hostility toward economic competition from undocumented workers. In addition, the 1970s and '80s saw large increases in Latino immigration to the state. Some demographic projections in the early '90s suggested the California would have a majority non-white population by the 21st Century. The California-Mexico border was also unstable, with hundreds crossing every day. Latino activists argue that racial and cultural strains manifested in anti-immigration fears that resulted in more restrictive illegal immigration legislation.

In November 1994 California voters passed Proposition 187* with a 59% margin. Proposiion 187 denied welfare, health care (except in life or death cases), and public education to undocumented immigrants. While it was already against the law to hire an illegal immigrant, undocumented individuals were eligible for emergency and pre-natal health services. Proposition 187 was immediately challenged in court by such groups as the Mexican-American Legal Defense/Education Fund (MALDEF) and the ACLU. Federal Judge Pfaelzer issued a permanent injunction against the law, which in turn faced various legal challenges. In 1997 California Attorney General Dan Lungren asked Judge Pfaelzer for a summary dismissal of the injunction. Pfaelzer rejected the dismissal and the proposition became embroiled in the lenghthy appeals proccess. Following his election to the governorship in 1998, Gray Davis settled the case “out of court” in a mediated agreement. Proposition 187 essentially never went into effect although many California voters still favored it (see "California Politics", Los Angeles Times Poll, June 1999, pg. 13).

Opinion on the immigration issue in California is bitterly divided on several fronts. Immigrant activist groups believe that both legal and illegal immigration to California is a reality that will not go away, whether by legislation or harsher controls on the border. They say that many residents will not enter into the workforce in menial, low-paying jobs and that the state depends on the cheap labor that immigrants are willing to provide. These groups also argue that the opposition has a racially discriminatory undercurrent and is much too punitive against those who are escaping desperate poverty.

Those who oppose illegal immigration believe that stemming illegal immigration is a necessity because of the drain on social services that undocumented individuals create. They claim that providing health and welfare services to undocumented immigrants also breaks the word of law and legitimizes illegal behavior. They dispute the claims that their support for laws such as Prop. 187 are racially motivated, saying that they do not oppose immigration from all groups but only illegal immigration in any form.

*Ballot arguments and the Attorney General's official title and summary can be found in the California Ballot Propositions Database.

Driver's Licenses

California

Undocumented immigrants were eligible for driver licenses in California until 1993, when the Legislature passed SB 976. Gov. Pete Wilson signed the bill which required residents to provide a Social Security number and proof that their presence in California "is authorized under federal law" in order to obtain a license to drive. Before then, applicants needed only pass requisite driver safety tests. The notion of returning licenses to undocumented immigrants gained prominence in 2001, when State Senator Gil Cedillo ( D-Los Angeles) introduced legislation providing for full licenses. Davis vetoed two of Cedillo's attempts over a three year period but signed Cedillo's SB60 shortly before the 2003 recall election. The bill was instantly controversial and became a central issue in the recall campaign against Davis. Schwarzenegger campaigned on overturning it and the Legislature repealed SB60 less than two weeks after he took office. Schwarzenegger agreed to compromise with Cedillo, however, and said he would consider a new version of the bill with stricter security measures.

In June 2004 Cedillo introduced SB1160 (the Immigrant Responsibility and Security Act), mandating that immigrants submit a full set of fingerprints, undergo state and federal criminal background checks, and have a formal "sponsor" who is a U.S. citizen. Any applicants with a criminal record, including any misdemeanors, would be barred from obtaining a license. And any immigrants from countries identified by the U.S. government as state sponsors of terrorism would be barred. Schwarzenegger deferred signing the bill, however, citing language in the Federal Intelligence Act that directs the federal departments of Transportation and Homeland Security to develop national standards for driver licenses. Congress gave the two agencies 18 months to adopt the standards. As a result, it may take until 2006 before the governor signs the license bill. The Senate passed the intelligence bill and President Bush signed it in December. Cedillo vowed to keep working for licenses and introduced the 2005 Immigrant Responsibility and Security Act (titled SB 60 again) on Jan. 13, 2005. The bill was revised on May 12, 2005, following approval of the federal REAL ID Act (see National section below). The revision would make the licenses available to illegal aliens "driving only licenses" which would keep illegal aliens from using them for identification purposes. The initiative was met with resistance from Republican lawmakers and the California Dept. of Motor vehicles among others. Despite this, the bill passed the Senate on June 2, 2005 and passed the Assembly on Sept. 7, 2005. After going to the Governor's office, Schwarzenegger repeatedly stated that he would veto the bill because the federal government's new guidelines have not yet been released. The guidelines are expected sometime next year. Governor Schwarzenegger vetoed the bill on Oct. 7, 2005.

Cedillo and his allies contend the state's roads are currently more dangerous because of undocumented motorists. They believe formal licensing would help public safety because law enforcement would be better able to track problem drivers. They also claim that licensing will allow the government to track potential terrorists. Other undocumented worker advocates believe that licensing illegal immigrants would be a step towards a fairer policy overall. Opponents of the bill believe that licenses would reward those who are here illegally with driving privileges. They also claim that licenses would hurt national security by helping terrorists open bank accounts and board planes.

In early 2005, Save our Licenses, a group formed by California Republican Assembly President Michael Spence and former Senator Richard Mountjoy, pushed the Save our License Initiative, a constitutional amendment that would bar the Legislature from granting driver's licenses to illegal immigrants, and cut their access to professional or commercial licenses and higher education subsidies. The group fell short of the 600,000 signatures it needed and abandoned its campaign in February. The group is also under investigation by the state because it did not disclose campaign finance reports.

In an effort to further driving related rights for illegal immigrants, Cedillo introduced SB 591 in Feb. 2005. The bill would exempt illegal immigrants from having their vehicle impounded when they are caught without a license. Under current law, police can impound the vehicle of a motorist caught driving without a valid license for 30 days. Cedillo claims that the police should be busy enforcing more important driving violations while critics claim that the bill would give illegal immigrants special treatment. The bill has received relatively minor press, unlike Cedillo's driver's licenses efforts.

A poll by the Field Institute in March 2005, found that the measure was opposed by more than six in 10 of Californians surveyed. Sixty-two percent of those surveyed disapprove of the measure, while 35 percent were in favor. However, poll respondents were evenly split on issuing a different type of driver's license that would allow illegal immigrants to drive but identify them as not having legal status. On specially marked licenses, 49 percent of survey respondents favored them and 48 percent were opposed.

At the National Level

Under Title 8 Section 1325 of the U.S. Code, anyone who is citizen of any country other than the United States who enters or attempts to enter the United States at any time or place other than as designated by immigration officers or eludes examination or inspection by immigration officers is considered an illegal immigrant. The Immigration and Naturalization Service (INS) estimates that in January of 2000 there were 7 million illegal aliens living in the United States, a number that is growing by half a million a year. While illegal immigration has been hotly debated for over a decade, the issue has grown more controversial after the 9/11 terrorist attacks, with fears over militants gaining access to driver's licenses as identification cards while planning attacks on U.S. soil. Some pundits claim that the application and issuance process could lead to identifying potential terrorists. Others say that issuing any form of identification legitimizes the immigrant's illegal status. They also point to the fact that known terrorists have obtained driver's licenses in the past and the potential exists for their easy access to undocumented licenses.

The 9/11 Commission Report on the September 11th terrorist attacks contained a recommendation that the federal government should standardize identification documents issued by all 50 states, including driver's licenses. In the post 9/11 era, a series of bills were introduced in Congress that would have required states to link the expiration date of the driver's license or ID card to the immigrant status of the cardholder. While these bills died in the legislative process, a more extreme bill, The Real ID Act (HR418), was introduced in January 2005. It sought to bar all states from issuing driver's licenses to people who cannot prove they are in the U.S. legally. The House voted 261-161 to approve the bill on February 10. President Bush endorsed the act in February. Congress passed the act in April 2005. In March, Republicans in Congress also added immigration-related provisions to the $81.3 billion War Spending Bill. One of the measures would set federal standards for driver's licenses, forbidding states from issuing them to illegal immigrants. Other provisions would create tighter restrictions on gaining asylum in the United States and complete a 3 1/2-mile section of the fence on the U.S.-Mexico border near San Diego. The War Spending Bill passed the House of Representatives on May 5, 2005.

Many states, however, are currently exploring linking immigration status to expiration dates on driver's licenses. In July, 2004, Tennessee passed a law that issues "driving certificates" to individuals who do not meet U.S. citizenship or permanent residency requirements but who can provide some proof of residency in the state. The driving certificates expire in one year for those who cannot prove they are U.S. citizens or permanent residents. Immigrant groups have protested the law, saying the new certificate encourages racial profiling. In addition, Tennessee state agencies are not consistently applying the law when issuing driving citations. Florida also attempted to issue licenses to undocumented immigrants but the attempt was abandoned after resistance from Florida law enforcement agencies.

Websites

Driver License Security
Anti-driver's license website by Federation For American Immigration Reform

Gil Cedillo
Home page at California Senate website

MALDEF
Mexican American Legal Defense and Education Fund

National Immigration Law Center

Save Our License
Website by activist group opposed to driver's licenses for illegal immigrants

U.S. Citizenship and Immigration Services

Polls and Reports

"Californians oppose issuing driver's licenses to undocumented immigrants. Divided about issuing them special driver’s licenses identifying their not having legal status," Field Poll, Mar. 3, 2005.

Fact Sheet: Driver's Licenses, 9-11, and Intelligence Reform, 9/11 Public Discourse Project, 2004.

Overview of State Driver's License Requirements, National Immigration Law Center, Jan. 2005.

Summary of the Driver's License Provisions in the REAL ID Act of 2005, National Immigration Law Center, 2004.

"A Summary of Analysis of Voting in the 1994 Election", California Opinion Index, 1994

Newspaper/Journal Articles

The following citations include links to full-text online when available. For more info, see Tips for Finding Full-Text Articles.

[Opinion]
"Driver's license battle has possible solution," San Jose Mercury News, Feb. 14, 2005.
NewsBank (UCB)

Vitucci, Claire.
"Bill would tighten driver license rules: REAL ID ACT: Supporters say it addresses shortcomings cited by the 9/11 commission," The Press Riverside, Feb. 9, 2005.
NewsBank (UCB)

Sanders, Debra [Opinion]
"Let my illegal nanny drive my SUV," San Francisco Chronicle, Feb. 3, 2005.
San Francisco Chronicle

Wides, Laura.
"Nanny award' drives in point: celebrities join push to o.k. driver's licenses for illegal immigrants," Long Beach Press Telegram, Jan. 25, 2005.
NewsBank (UCB)

Delsohn, Gary.
"Critics: Governor went back on his word: Advocates for state workers, schools, migrants feel misled," Modest Bee, Jan. 17, 2005.
NewsBank (UCB)

Rojas, Aurelio.
"Issa may help ballot measure: He may fund an effort to deny benefits to illegal immigrants," Sacramento Bee, Dec. 16, 2005.
NewsBank (UCB)

[Opinion].
"Driver's licenses: California should not ease rules for illegals," San Diego Union-Tribune, Dec. 10, 2005.
NewsBank (UCB)

Prepared by the staff of the IGS Library.
Send comments to igsl@berkeley.edu.

 

 

Introduction
Illegal Immigration in California
Driver's Licenses for Undocumented Workers
  - In California
  - At the National Level  
Websites
Polls and Reports
Selected Websites
Newspaper/Journal Articles