California's Driver's License Policies for Undocumented Immigrants Under Scrutiny Following Fatal Crash

California's long-standing policies regarding driver's licenses for undocumented immigrants, specifically the distinctions between standard and commercial licenses, are drawing renewed attention. A recent tweet from "Soquel by the Creek" highlighted that while California has issued regular driver's licenses to undocumented immigrants since 2013 and became a Sanctuary State in 2017, obtaining a Commercial Driver's License (CDL) remains illegal for this population. This comes amidst broader discussions on immigration and state-level policies.

California's Assembly Bill 60 (AB 60), also known as the Safe and Responsible Drivers Act, was signed into law in 2013 and became effective on January 1, 2015. This legislation allows eligible California residents to apply for a standard driver's license regardless of their immigration status, provided they meet all other requirements such as identity verification, residency proof, and passing driving tests. These AB 60 licenses are distinctly marked with "Federal Limits Apply" on the front and "Not acceptable for official federal purposes" on the back, differentiating them from REAL ID-compliant licenses. Since its implementation, over one million undocumented immigrants in California have obtained these licenses.

Despite the provision for standard driver's licenses, California law explicitly prohibits individuals who cannot provide proof of legal presence in the United States from obtaining a Commercial Driver's License. Federal regulations, specifically the REAL ID Act, mandate proof of lawful status for CDL issuance, and California adheres to these federal requirements. This means that an undocumented individual cannot legally obtain a CDL in California.

The tweet's assertion of potential "corruption at a CA trucking firm, a drivers school, or CA DMV" regarding CDLs for undocumented individuals points to a serious concern if such incidents were to occur. Any instance of an undocumented immigrant operating a commercial vehicle would indicate a breach of federal and state regulations, likely through fraudulent means or misrepresentation, rather than a legal pathway.

California's status as a "sanctuary state" was solidified with the passage of Senate Bill 54 (SB 54) in 2017, effective January 1, 2018. This law generally prohibits state and local law enforcement agencies from using their resources to assist federal immigration enforcement, aiming to build trust between immigrant communities and local authorities. However, this "sanctuary" status does not supersede federal laws regarding commercial licensing or other federal immigration statutes.