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Without comprehensive federal reforms, states have been taking immigration legislation upon themselves, one issue at a time. This includes the licensing of drivers who cannot prove legal presence. In fact, 10 states have enacted laws in the last three years to offer driving-privilege cards and IDs to their so-called undocumented immigrants. Other states, meanwhile, have imposed new (or held onto old) bans against such limited licenses.
Undocumented Immigrants Once Had an Easier Time Getting Full Driver's Licenses
Until 1990, no states required proof-of-legal status to obtain a license. Since 2003, however, the number of states issuing full-privilege driver’s licenses to undocumented immigrants has decreased from 25 to two (based on AAMVA's 2014 report.) Over the years, this drop coincided with the U.S. government’s 2005 Real ID Act, which asked states to require additional documentation for citizens applying for licenses, and occurred simultaneously with the act's scheduled -- although repeatedly postponed -- enforcement.
Now More States Are Introducing Restricted Driver's Licenses
Many states started issuing restricted licenses to their residents, whether or not they could prove their legal status in the country. Aside from New Mexico and Washington, which are the two states that still offer regular licenses to undocumented immigrants, there are 10 other jurisdictions (including D.C.) that have or will have a restricted version of driver's licenses.
What Kind of Licenses Are Available and Where?
In the map below, it's important to note that even though 10 states, plus D.C., are already offering driving privileges, they differ on the degree of privilege: an unrestricted license is the same license that Americans have in their wallets; driving privilege-only licenses can’t be used for any other purpose; and driving-privilege licenses can be used as identification in the issuing state. Apart from Washington and New Mexico, five of the 12 states offering driving privilege (including Delaware and Hawaii, which are scheduled for 2016 enactment) also allow the license to be used as a form of in-state ID.
Status of States with Higher Undocumented Immigrant Populations
In the graph below, here is where California and states with their own sizable immigrant populations stand in the proposing and passing of legislation that is either for or against a restricted-license option. Their statuses are broken into four categories: those that have passed a ban on such licenses (Ban); have introduced a bill for such licenses (Introduced); have had the bill sent to a committee (Sent to a Committee); and have passed it (Passed). The states with the four most-concentrated undocumented immigrant populations -- Florida, New York, Texas and California -- are each, interestingly enough, in different categories. Another key takeaway: Eleven of the 15 are working toward or have already passed a driving-privilege law.
Driving-privilege Laws Draw Bipartisan Support in State Legislatures
The map below depicts the current political leaning of each of the legislatures of the 50 states and D.C. by the red-to-blue gradient: whether Democrats or Republicans elected comprise a majority in the legislatures. It also indicates that there has been bipartisan support for legislation. Thirteen have passed a bill supporting driving privileges (“Y” for “Yes”); 29 have denied driving privileges (“N” for “No”); and six are working toward one or the other (“P” for “Proposed”).
Driving-privilege Laws Passed by States (and D.C.) since 2010
Sixteen states and the District of Columbia, with varying immigrant populations and political leanings, have signed new laws relating to driver's licenses for undocumented immigrants since 2010. Of their 15 new laws, 11 paved the way for driving-privilege licenses; and each of those 11 were authored (or sponsored) by Democrats or Democrat-dominated coalitions. Conversely, three of the four laws banning driving privileges were authored or co-authored by a Republican representative.
|State||Number of U.I.*||Bill||For/Against Driving Privilege||Primary Sponsor Enacted|
||Hawaii||35,000||H 1007||FOR||Rep. Henry J.C. Aquino (D) 30-Jun-15|
||Delaware||20,000||S 59||FOR||Sen. Bryan Townsend (D) 12-Jun-15|
||Indiana||85,000||H 1393||AGAINST||Rep. Edmond Soliday (R) 4-May-15|
||Nebraska||55,000||L 623||AGAINST||Rep. Jeremy Nordquist (R) 17-Mar-15|
||District of Columbia||20,000||B 812||FOR||Council Chairman Phil Mendelson (D) 17-Jun-14|
||Connecticut||130,000||H 6495||FOR||Rep. Ezequiel Santiago (D) 3-Oct-13|
||Nevada||210,000||S 303||FOR||Asm. Elliot T. Anderson (D) and 9 others 6-Jun-13|
||Colorado||180,000||S 251||FOR||Sen. Jessie Ulibarri (D) and Sen. John Morse (D) 5-Jun-13|
||California||2,450,000||A 60||FOR||Asm. Luis Alejo (D) and 11 others 4-Jun-13|
||North Dakota||5,000||S 2039||AGAINST||Committee 29-May-13|
||Oregon||120,000||H 2517||FOR**||Reps. Brian L. Clem (D) and Vicki Berger (R) 28-May-13|
||Maryland||250,000||S 715||FOR||Sen. Victor R. Ramirez (D) and 14 others 2-May-13|
||Oregon||120,000||S 833||FOR**||Sen. Chip Shields (D) and 7 others 1-May-13|
||Vermont||5,000||S 38||FOR||Sen. Philip E. Baruth (D) and 9 others 18-Mar-13|
||Michigan||120,000||H 4075||AGAINST||Sen. Mike Shirkey (R) 21-Feb-12|
*Estimated by Pew Research Center's 2014 study**Rejected by voters via ballot measure
Issuance Rates of Driving-privilege Licenses
For undocumented immigrants, living in a state where driving-privilege cards are available doesn't mean they're actually being granted them right away. In the chart below, which is based on data from each place's Department of Motor Vehicles or Department of Revenue, you will see that every state's undocumented immigrants have to wait in line for their driving-privilege licenses. Within the first three months of its law's existence in California, for example, 91% of the 493,998 to apply had the necessary documents to obtain a license without further review, but only 40% actually received their licenses.
In most states, at least 60% of applicants (in the nine states we have data for) have already been issued licenses. Colorado (46%), Illinois (45%), Nevada (34%), Connecticut (32%), and Maryland (17%) are the four states that fell below this average.
CA's data is based on total issuance from January to July of 2015, and CT's data is based on total issuance from January to September 1st, when the laws went into effect.
**Side-by-side Comparison of Unrestricted,
To comply with the Real ID Act, states' driving-privilege licenses must contain the fine print, which comprises some combination of the words "federal limits apply." Put simply, restricted licenses need to look differently when juxtaposed with unrestricted licenses because they have fewer privileges. In seven of the nine states that offer both restricted and unrestricted licenses, you can barely notice the difference between the two cards. Meanwhile, in D.C. and California, an undocumented immigrants' restricted license cannot be used by law enforcement as a basis for questioning one's legal status within the country.