Know Your Rights: Before You Apply for an AB 60 License
Updated: May 2017
AB 60 was a great step forward for California’s immigrant communities. Now (January 2, 2015), all eligible California residents will be able to apply for a driver's license, regardless of immigration status.
Making the right decision for you
Some benefits of getting an AB 60 license include:
Being trained, tested, licensed and insured will help protect you, your family and the broader community by increasing safety on our roads.
Having a license will help ensure that you are not ticketed or arrested for driving without a license, and that you do not risk having your vehicle impounded for this reason.
Your license can also be used to identify yourself to state and local law enforcement for citation and arrest purposes when you are not driving.
State and local law enforcement (including your local police, sheriffs and highway patrol) cannot use your AB 60 license to make assumptions about your immigration or citizenship status.
Your immigration history, including any prior contact with Immigration and Customs Enforcement (ICE) or prior deportations or deportation orders, is not a factor for eligibility for an AB 60 license.
The risks of applying
The Department of Homeland Security (DHS) and ICE, however, are federal law enforcement agencies, and may have access to some of the information you give the DMV. The DMV can respond to requests from DHS if DHS is looking for someone, and will provide information including name, address and photo. This means that if ICE is already looking for a specific person, getting an AB 60 license may put that person at more risk of being arrested.
It is a personal decision whether or not you should apply for a driver’s license, based on your individual situation and needs. While having an AB 60 license can protect you from being arrested for not having a license (and possibly referred to ICE), DHS and other law enforcement agencies regularly use driver's license databases to locate persons of interest.
If you obtained a California Driver's License in your own name in the past using false information (a social security number that was not issued to you, false documents, etc.) or bought a license when you weren’t eligible for one, the DMV is likely to know about this when you apply for an AB 60 license and you could be denied an AB 60 license or get in legal trouble if the DMV decides to involve law enforcement in the situation. Consult with a licensed and trusted attorney if this is a concern.
If you have outstanding traffic tickets that you received in your own name, regardless of whether you were licensed or not, you will need to pay those tickets before being issued an AB 60 license. Visit the DMV offices to obtain your driving record.
After you get your driver's license
Your voice matters!
Disclaimer: This information is NOT intended as legal advice. If you need legal advice regarding a specific situation, you should consult with a licensed and trusted attorney.