In recent years, an increasing number of states in the U.S. have introduced legislation to allow immigrants without legal status to obtain driver's licenses. This move, aimed at improving road safety and aiding immigrant drivers in getting insured, has been met with both support and controversy.
Currently, at least 19 states, along with the District of Columbia, have such laws in place, often referred to as “Green Light” or “Drive Only License” laws. These laws differ not only in name but also in specifics, such as whether the driver's information is shared with federal authorities.
New York's decision to adopt this law in 2019 made headlines, particularly due to opposition from legal authorities. U.S. Attorney General Pam Bondi announced intentions to challenge New York's law in court, arguing it could promote illegal immigration. She cited a specific provision requiring notification to license holders if a federal immigration agency requests their information, labeling this as unconstitutional.
The road to implementing such licenses dates back years. For instance, Washington was a pioneer, enacting its version of the law in 1993. This allows individuals lacking a Social Security number to present alternative proof of residence, such as a utility bill or tax identification number.
More recently, in 2023, Minnesota updated its requirements, eliminating the necessity for applicants to show legal presence, impacting an estimated 81,000 people. Applicants must still present identifying documents, like an unexpired foreign passport or a certified birth certificate from abroad, but their personal information remains protected from immigration enforcement.
However, these licenses have limitations. They primarily serve the purpose of enabling legal driving and car registration, without being usable for federal identification or voting rights. States like Connecticut explicitly mention these restrictions on the Department of Motor Vehicles' websites, seeking to prevent misuse.
Despite the benefits noted by supporters, such as reducing hit-and-run incidents and increasing insured drivers, there is opposition. Some conservatives argue these licenses could encourage illegal immigration or even voter fraud, a concern notably echoed by former Massachusetts Governor Charlie Baker. In 2022, he vetoed a bill granting licenses to undocumented immigrants because it risked issuance without proper identity verification. Nonetheless, the Massachusetts legislature overrode his veto, and voters upheld the decision in a statewide ballot.
As more states consider and enact these laws, the debate continues. Advocates stress the public safety benefits and the step forward in integrating immigrants into community life. Opponents, on the other hand, remain skeptical, cautioning against potential misuse and the broader implications regarding immigration policy in the United States.