Why You Should be Concerned About Applying for a Driver's License in California Under AB 60
For those of you planning to apply for a driver's license (DL) under AB60, please be warned of the following information. The DMV aggressively pursues DL fraud cases. They consider it to be a security issue. They have recently taken the position that they will continue to do so in spite of AB 60's passage. For many, this may mean nothing. However, if an undocumented person has ever used fraudulent papers to secure a DL, you may want to warn them that applying for a driver's license under the new law will likely be a bad idea. Aggressive pursuit of DL fraud may include DMV contacting immigration authorities with any information they obtain regarding undocumented persons.
Yes, ICE detainers are no longer enforced here. Also, the TRUST Act passed into law, placing limits on enforcement of detainers. However, nothing in the law forbids state agencies, including the sheriff and the DMV, from sharing information with ICE. Also, the announcement by Obama in November included not only expansion of deferral of removal for certain classes of noncitizens but it also broader enforcement provisions different priority categories of persons for removal. If you client had or has an issue with false documents, and indicates they want to get a DL, you might want to warn them that doing so could place them on ICE's radar.
Moreover, if criminal charges are filed and one is convicted, it could disqualify them for future benefits including Deferred Action for Parental Accountability (DAPA).
Mario Zapata is an immigration attorney practicing out of Orange County, CA and represents clients nationwide.