Can Federal Immigration Law And AB 60 Be Reconciled?

Law360, New York (February 25, 2015, 5:55 PM EST) -- On Jan. 1, 2015, the California Department of Motor Vehicles began accepting applications for the new A.B. 60 driver's license, named after the California legislative enactment that amended the state Vehicle Code to permit undocumented aliens to qualify for licensure by amending the standard eligibility requirements.[1] Previously, licensure was limited to individuals age 16 and older who could establish, through documentation, that they were legally present in the U.S. under federal law and in possession of a valid social security account number. A.B. 60 waived those requirements for an undocumented alien who executes an affidavit attesting that he or she is not lawfully present in the U.S. under federal law and is not presently eligible for issuance of a social security account number. The affidavit requirement was deleted by subsequent legislation amending Section 12809 of the California Vehicle Code, such that DMV is directed to issue an original driver's license to a person who is unable to submit satisfactory proof that the applicant's presence in the U.S. is authorized under federal law if he or she meets all other qualifications for licensure and provides satisfactory proof to the department of his or her identity and California residency.[2] Emergency regulations promulgated by DMV establish the documents acceptable to prove identity and residency by A.B. 60 applicants.[3]...

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