Can Undocumented Immigrants Get a Driver’s License in Massachusetts?

In the US, most states require applicants for a driver’s license to present evidence of their citizenship. In Massachusetts, that means they must provide a passport or other government-issued identification.

Earlier this year, state lawmakers approved the law, and on Tuesday, voters will decide whether it stays in place. Supporters say it will improve road safety and assuage immigrants’ fears that they will be revealed as undocumented and deported if they are stopped by police.

Requirements

If you’re an undocumented immigrant in massachusetts, you can get a driver’s license under a law passed by the state legislature last year. The bill, known as the Work and Family Mobility Act, would allow Massachusetts residents to apply for a state driver’s license regardless of their immigration status, overturning a section of state law that renders undocumented immigrants ineligible to get licensed.

But the new law has sparked concerns among lawmakers and immigrant rights groups. The Massachusetts Registry of Motor Vehicles has proposed new regulations that introduce a series of hurdles for undocumented immigrants seeking a driver’s license, according to WBUR and other media reports.

The RMV’s proposed rules, which take effect in July 2023, require applicants to submit two documents proving their identity, which can include documents from other countries. That means that some non-immigrants could be subject to a lengthy wait to get their license.

Several other groups have expressed similar concerns about the proposed regulations, and WBUR reported that members of the House and Senate urged the RMV to delay implementing them until it can make sure they’re not discriminatory toward people with immigrant backgrounds. In addition, WBUR reported that two lawmakers questioned the need to require applicants to prove they weren’t approved for a Social Security number, as the draft regulations say they must.

Meanwhile, a group led by the mother of a man killed by an undocumented immigrant has launched a ballot question this fall to repeal the new law. They argue that the law places an undue burden on the registry, hurts the integrity of elections by creating a back door for people in the country illegally to register, and gives licenses to immigrants not legally authorized to be in the country.

Another major concern is that the registry doesn’t have the capacity to verify foreign documents, which could lead to problems with fraudulent identification. In his veto message to the Legislature, governor Charlie Baker said that he can’t sign the law because it requires the registry to issue state credentials to people who have no ability to verify their identities.

Documents

As you know, the Massachusetts Legislature overrode Governor Baker’s veto on a bill to allow undocumented immigrants to get a driver’s license starting July 1, 2023. The law was designed to give immigrants living in the state access to the driver’s license process while limiting the ability of immigration authorities to use it against them.

Whether you’re an undocumented immigrant or you just got your driver’s license from another state, there are a few documents you’ll need to show at the Massachusetts Registry of Motor Vehicles in order to obtain a driver’s license in the state. These include proof of your citizenship or legal presence in the United States, a Social Security number, and documentation of your name change.

In addition to these requirements, you’ll also need to provide any additional documents that prove your identity and date of birth. Those documents may include a birth certificate from any country, a passport or passport card from the United States, a U.S. employment authorization document, or a foreign passport with an approved form I-94.

The Massachusetts Registrar of Motor Vehicles will review all of the identification documents you bring in to verify that they are valid. They will also check that the information on the documents is accurate and that your photo matches what’s on your application.

You’ll also need to prove that you’ve lived in the state for at least a year prior to applying for your license. You will need to submit evidence of this when you apply for your license, such as a W-2 or pay stub from your employer, which must be in English and dated within the past 60 days.

If you’re a student in Massachusetts who has an F-1 or J-1 visa, you will need to show that your program of study is at least 365 days long in duration. Students who do not meet this requirement will not be able to get a Massachusetts driver’s license.

You’ll need to provide a Social Security card or W-2 from your employer, as well as proof that you live in the state of Massachusetts. You’ll also need to provide a copy of your birth certificate and a photo ID. Finally, you’ll need to provide a signed and notarized signature on your license application.

Fees

After a years-long debate, the Massachusetts legislature has finally overridden a veto by Governor Charlie Baker to allow undocumented immigrants to obtain driver’s licenses. The policy is now law, becoming the 17th state to adopt such a policy in the US.

The legislation came in response to the ongoing crisis of undocumented immigrants in Massachusetts, who are unable to get a valid driver’s license or an ID card due to their immigration status. Supporters of the law argue that it will improve road safety and assuage immigrant fears about being arrested for driving while in the country illegally. They also say it will help lower auto insurance rates and make the work of law enforcement safer.

But the legislation has faced opposition from other legislators who worry it will encourage illegal immigration, raise security risks and risk making it easier for people to vote illegally. In a letter sent to Reuters, Republican Governor Baker said he vetoed the measure because it “significantly increases the risk that noncitizens will be registered to vote” (here) and because it limits the RMV’s ability to share citizenship information with those entities responsible for ensuring that only citizens register to vote.

In addition, a recent report from WBUR suggests that the state’s lawmakers are not happy with another proposed regulation that would require undocumented immigrants who apply for a license to provide a signed letter stating they do not have a social security number. It is a move that critics argue could create a permanent record of who has been undocumented and make it difficult for federal immigration officials to find out about them, which they warn could encourage more illegal immigration.

At a hearing Friday, the RMV’s proposed implementation rules were discussed for the first time by lawmakers who created the law, and they voiced strong objections to some of the proposals. The most controversial would require applicants who do not have a social security number to provide a signed letter stating that they do not have one, WBUR reports.

Similarly, they are not happy with the requirement that applicants who do not have a social security card or tax form must provide a photo of their face to be issued a driver’s license. Those documents are not required for a regular license, but they are needed to apply for a Real ID.

Timeframe

If you are undocumented and are living in Massachusetts, you may be able to get a driver’s license. However, you will need to provide proof of your immigration status and Massachusetts residency before you can obtain a license.

You can apply for a license at the Massachusetts Registry of Motor Vehicles (RMV) with the help of an authorized RMV representative. They will guide you through the process, including taking a vision test and answering a written knowledge exam.

Once you have submitted your application, it can take up to two weeks for the RMV to process it. In that time, you will receive an Application Status Letter from the RMV with important information about your case. You will need to bring this letter with you on your future visits to the RMV so that you can keep track of the status of your application.

In order to get a driver’s license, you must be at least 16 years old and must have had your learner’s permit for at least one year. In addition, you will need to pass a road test before you can get your license.

During the application process, you will need to provide a valid Social Security number and proof of your residency in Massachusetts. You will also need to present documents that prove your legal immigration status and your date of birth.

A recent report by the National Conference of State Legislatures found that Massachusetts is among 17 states that have passed laws to make it easier for undocumented immigrants to obtain driver’s licenses. This is done to help improve traffic safety and to help immigrant drivers with their daily lives, allowing them to get to work, school and other places in their community.

While some cities and towns have issued photo identification cards to undocumented residents, these cannot be used as driver’s licenses. If you are unable to provide proof of your immigration status or Massachusetts residency, you may be able to use an affidavit from a pre-approved institution. The affidavit must be completed, reviewed and approved by an RMV representative before it can be accepted as proof of your residency.