Authorizes certain undocumented Americans to obtain New York state drivers' licenses or non-driver identification cards; repealer

Summary of specific provisions

Section 1 of the bill amends subparagraph (i) of paragraph (a) of subdivision 3 of section 490 of the vehicle and traffic law, as amended by chapter 235 of the laws of 2002 to include language that states, no applicant shall be denied a non-driver identification card if such applicant has received a high school diploma or equivalent."

Section 2 of the bill amends subdivision 1 of section 502 of the vehicle and traffic law, as amended by chapter 639 of the laws of 2006 to include language stating that, no applicant shall be denied a driver's license if such applicant (i) otherwise qualifies for a license pursuant to this section, (ii) has received a high school diploma or equivalent, and (iii) has applied for lawful immigration status or shall apply for lawful immigration status as soon as such applicant is eligible to do so.

Further, this section is amended to prohibit applicants from being denied a license solely on the basis of not having a social security number.

Section 3 of the bill amends subdivision 1 of section 502 of the vehicle and traffic law, as amended by section 2 of part CC of chapter 58 of the laws of 2011 to include language, that no applicant shall be denied a driver's license if such applicant: (i) otherwise qualifies for a license pursuant to this section, (ii) has received a high school diploma or equivalent (iii) has applied for lawful immigration status or shall apply for lawful immigration status as soon as such applicant is eligible to do so.

Further, this section is amended to prohibit applicants from being denied a license solely on the basis of not having a social security number.

Section 4 of the bill amends paragraph (a) of subdivision 6 of section 502 of the vehicle and traffic law, as amended by section 3 of part K of chapter 59 of the laws of 2009 to protect the ability of license renewals by individuals who already have obtained a valid license but do not have a social security number.

Justification

This bill shall allow all people (including undocumented immigrants) who have received a high school diploma or equivalent to be eligible to receive a drivers license or a non-driving ID through the department of motor vehicles.

With the law's enactment, a person who has received a high school diploma or equivalent who are not documented U.S. citizens would have the same driving and identification rights that legal state residents enjoy.

All those applying for such license would have to file an affidavit with the department of motor vehicles stating that they have applied for a lawful immigration status or will apply as soon as they are eligible to do so.

This bill is necessary to protect the children of undocumented parents who have grown up in New York State and cannot be expected to live on the fringes of society because their parents wanted a better life for the family. Due to no fault of their own these children are currently alienated in the very society they live, know, and grew up in. receiving a high school diploma or equivalent adequately demonstrates a desire to be engaged in society to the extent. These graduates should be able to pursue advancement as needed by the ability to have driving and identification rights in the state of New York.

Prior legislative history

None.

Fiscal implications

Positive Revenue to the State from the collection of licensure fees will be determined.

Effective date

This act shall take effect on the 120th day after becoming law, with provisions.