In the early 1990s, states required proof of legal immigration status to obtain a driver’s license. Some states demanded that applicants provide a social security number, particularly a social security card, without indicating that the number could not be used for employment.
The more stringent requirements did not sit well with some of California’s state legislators. Various progressive organizations such as the Coalition for Humane Immigrant Rights of Los Angeles, the California Immigrant Policy Center, the National Immigrant Law Center, and community activists rallied behind the legislators who favored issuing licenses to everyone. The California Police Chiefs Association lent its support; the California State Sheriffs’ Association remained neutral.
Not everyone was on board. For example, groups such as Unlicensed to Kill and Californians for Population Stabilization resisted the measure. In the past, groups such as the Federation for American Immigration Reform have also supported requiring proof of legal presence to obtain California driver’s licenses.
What is the Safe and Responsible Drivers Act (SARD)?
In 2013, California became the 10th state to allow undocumented aliens to get a driver’s license. This was done through the “Safe and Responsible Driver Act.” The law allows Californians to obtain driver’s licenses regardless of immigration status.
These driver’s licenses are not REAL ID Act compliant. This means holders of these driver’s licenses cannot use this identification to board an airplane, vote, or enter federal facilities. Moreover, all applicants need to have their vehicles insured.
A driver’s license can serve many purposes beyond allowing someone to operate a motor vehicle. Employers require valid identification from their employees. Government agencies need identification from people applying for benefits such as Medicaid. Banks require valid identification for people to open accounts, and airlines need driver’s licenses or ID cards to allow passengers to board.
What is the Goal of the SARD Act?
Historically, like other state residents, all immigrants had the right to obtain driver’s licenses in California. This law was changed in 1994, and the state saw increased uninsured and unlicensed drivers. The SARD Act aims to decrease the number of car accidents, uninsured drivers, and unlicensed drivers.
The SARD Act took effect at the beginning of 2015. In the first twelve months, a little over 600,000 people in California met all the eligibility requirements to obtain a driver’s license. This number continued to increase in the following months. By mid-2017, over 900,000 people without proof of legal presence in California obtained a driver’s license under the SARD law. With an increase in SARD driver’s licenses, at least one study suggests a decrease in hit-and-run incidents. Undocumented aliens now have a driver’s license and do not flee the scene to stay out of trouble with police and immigration authorities.
Because of SARD, undocumented people now receive proper driver’s training, can be held accountable for knowing the rules of the road, and can purchase car insurance. Also, obtaining a driver’s license forces drivers to receive vital education on road regulations and signage.
As of July 1, 2022, 18 U.S. states, Washington D.C., and Puerto Rico, all issue driver’s licenses or permits to people who do not have permission from immigration authorities to be in the United States. State laws permit this in California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Nevada, Massachusetts, New York, New Jersey, Oregon, Utah, Vermont, Virginia, and Washington.
Pros and Cons of the SARD Act
Some people believe that undocumented immigrants should not be given driver’s licenses. As they see it, giving undocumented immigrants driver’s licenses means that people who illegally immigrated to the United States can be given the same privileges as citizens and legal residents. They challenge the correlation between the number of driver’s licenses administered to undocumented immigrants and the number of hit-and-run accidents.
Supporters of allowing licenses to the undocumented focus their arguments primarily on three issues: traffic safety, automobile insurance, and hit-and-run drivers. Opponents focus mainly on two issues: national security dangers that arise from enabling illegal immigrants to live in the United States and the fact that they believe the SARD Act condones illegality.
Issues surrounding allowing undocumented people to obtain driver’s licenses include the following:
- Traffic safety: Supporters point out that no one can get a driver’s license without passing a basic driver skills test. The AAA Foundation for Traffic Safety issued a report called “Unlicensed to Kill” that indicated a direct connection between increased licensing of drivers and increased traffic safety. The report asserts that “drivers who operate a motor vehicle without a valid license are believed to be among the worst drivers on the road.” The report cites evidence that unlicensed drivers are 4.9 percent more likely to be involved in a fatal automobile collision than licensed drivers.
- Auto Insurance: Supporters contend that issuing licenses to unauthorized immigrants will result in more drivers on the road carrying insurance, and therefore anyone injured by an immigrant driver will more likely be compensated for their injuries.
- Opponents argue that auto insurance requirements will not force non-citizens to comply with the law. They argue that the requirement is just a formality that drivers can ignore. It has been asserted that even if a state requires automobile insurance as a condition of getting a license, that does not keep an illegal alien from canceling the policy the next day.
- National Security: Supporters of the SARD Act profess that licensing illegal aliens will not affect national security. On the contrary, citizens will be much safer because aliens must pass tests and obtain insurance. Opponents of the licenses stress that the driver’s license issue is a national security concern. The 9/11 terrorist attacks focused attention on providing driver’s licenses to non-citizens.
- Opponents note that all of the 9/11 hijackers had driver’s licenses or state identification cards, which they could use when renting housing, opening bank accounts, and boarding planes. Supporters of allowing licenses for the undocumented point out that the 9/11 terrorists did not need driver’s licenses to board the planes because they had passports for identification.
- Condoning Illegality: Opponents believe that the government should do nothing to endorse the actions of unauthorized immigrants. Mark Krikorian, executive director of the Center for Immigration Studies, has stated that “by giving illegal immigrants any form of official government ID … [w]e essentially almost legalize their presence … we recognize and officially give them the stamp of approval of the government.”
- Supporters respond that forbidding them from having licenses or ID cards will not stop them from migrating. “Immigrants do not come to this country to get a driver’s license,” states the National Immigration Law Center, “and they will not leave because they are ineligible for one.”
Will A Driver’s License Prevent Someone From Being Deported or Removed From the U.S.?
No. Deportation, or removal, occurs when the federal government determines that an individual not born in the country should return to their country of origin. Immigration officials then start the process of removing the individual from the country. The driver’s licenses issued to illegal immigrants won’t resolve immigration issues.
Should I Talk to an Immigration Attorney Prior to Getting a Driver’s License?
Yes. If you are undocumented and are considering obtaining a driver’s license, contact an immigration attorney. This will help you determine what you need to do to change your immigration status.
