October 07, 2013

Impact on Employers of California’s New Law Authorizing Driver Privileges for Illegal Immigrants

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Governor Jerry Brown signed AB 60 into law on October 3, 3013. The law allows individuals without immigration status to obtain driver privileges (DP) and to obtain a DP identification from DMV. The law goes into effect on January 1, 2015 in order to give DMV sufficient time to publish regulations and procedures and to staff up to meet the expected demand.

CDF reminds employers that the DP identification will not satisfy I-9 requirements. While a state issued driver license is an acceptable List B document, a DP card will not be. By definition, anybody who applies for the DP identification is most likely not work authorized.

It is the opinion of this author that Congress will eventually grant employment authorization documents (EAD’s) sometime during the next two years to this same population segment – however it remains to be seen when. Until then, employers are reminded to remain vigilant regarding accepting proper I-9 documentation for new hires and reverifications.

For more information on the new DP, click here.

For information on other immigration matters, please contact Attorney Greg Berk, Chair of the CDF Immigration Practice Group.

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