U.S. Attorney General Pam Bondi has announced a legal challenge against New York officials in response to the state’s 2019 law that permits immigrants to obtain state-issued driver’s licenses, regardless of their legal status. However, New York is not alone in implementing such a measure—at least 19 other states and the District of Columbia have passed similar laws, according to the National Conference of State Legislatures.
These laws, often referred to as “Green Light” or “Drive Only License” laws, aim to provide a path to legal driving for immigrants without legal status, some of which have been in place for decades. The specifics of these laws vary by state, with one key point of contention being whether the state shares applicants’ information with federal authorities—a major issue in Bondi’s lawsuit against New York.
Bondi’s legal action focuses on a provision in New York’s law that mandates the state’s motor vehicle commissioner notify license holders if their information is requested by federal immigration authorities. Bondi has called this provision a “green light to illegal immigration” and claims that the practice is unconstitutional, arguing it could alert undocumented individuals to federal actions. “It’s tipping off an illegal alien and it’s unconstitutional,” Bondi stated. “That’s why we filed this lawsuit.”
In addition to New York, states with similar laws include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Utah, Vermont, Virginia, and Washington, which has had its law in place since 1993. Washington’s law allows applicants to use alternative documentation, such as utility bills or tax identification numbers, to prove residency in lieu of a Social Security number.
One of the most recent states to adopt this legislation is Minnesota, which in 2023 eliminated the requirement for applicants to demonstrate legal presence. As a result, approximately 81,000 people became eligible for driver’s licenses. While applicants are not required to show U.S. citizenship or permanent residence status, they must present proof of identification, such as an unexpired foreign passport or a certified birth certificate from a foreign jurisdiction. In Minnesota, the Department of Public Safety is prohibited from sharing applicants’ personal information with immigration law enforcement.
Drive-only licenses, while allowing holders to drive and obtain insurance, are typically not valid for federal or state identification purposes. For instance, Connecticut’s Department of Motor Vehicles explicitly states that the licenses are strictly for driving and vehicle registration.
The implementation of these laws has sparked debate, particularly among conservatives, who argue that the drive-only licenses may incentivize illegal immigration. Some have raised concerns about the potential for voter fraud in states where these licenses could be used for voter registration.
In Massachusetts, former Republican Governor Charlie Baker vetoed a 2022 bill allowing immigrants without legal status to obtain a state driver’s license, citing concerns that the legislation would allow state-issued credentials to be granted without verifying a person’s identity. “Consequently, a standard Massachusetts driver’s license will no longer confirm that a person is who they say they are,” Baker wrote in his veto letter to lawmakers. Despite the veto, the state legislature overrode his decision, and in a subsequent statewide ballot measure, voters chose to uphold the bill.
As legal challenges to these laws continue, the debate over immigrants’ access to state driver’s licenses remains a contentious issue across the United States.
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