What you need to know about the new driver's licenses for undocumented immigrants in NJ
Gov. Phil Murphy has signed a bill that will allow immigrants without legal status to obtain a new kind of driver's license.
The bill, which was passed by lawmakers this week, will create two types of driver's licenses in the state: A federally compliant Real ID license and a “standard” driver’s license for certain residents including senior citizens, undocumented immigrants and others who may lack documentation.
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Here is what you need to know about the new "standard license" — and when it will be available.
How long will it be before I can get one of the new standard licenses?
Now that Murphy has signed the law, it will go into effect in January 2021. The Motor Vehicle Commission, which needs to set up the framework for the licenses, can make them available before then if regulations are in place, according to Erika Nava, a policy analyst with left-leaning think tank New Jersey Policy Perspective, which supported the bill.
New York, which has a similar law, made licenses available about six months after enacting the law.
What documents do you need to get the license?
That still has to be determined, but Brenda “Sue” Fulton, the chief of the MVC, has said that passports and birth certificates are among the documents currently accepted to prove identity. The bill requires applicants to prove identity, age and residency in New Jersey.
Applicants will have to follow a procedure similar to the current 6 Point ID Verification System, which requires a variety of documents like passports, utility bills or bank statements to confirm a person's identity.
“We issue regulations that identify what documents will be supplied to prove identity, age and residency, and that will be multiple documents," Fulton said during an Assembly Judiciary Committee hearing on the bill earlier this month.
The bill says that if someone does not have a social security number or a tax number issued by the IRS, they can still get the second type of license.
How will the state make sure foreign documents submitted for a state license are legitimate?
Fulton said during the hearing that the agency will work with consulates and embassies to ensure that documents required to obtain a standard license are legitimate and proper. She said the MVC already issues driver’s licenses to permanent legal residents or green card holders, as well as those with non-immigrant visas, such as a student or work visas, and already accepts foreign documentation. “We accept passports and birth certificates today,’’ she said.
Will those who acquire the new standard license be able to drive trucks?
No, they will not be able to obtain a commercial driver’s license, and won’t be able to drive school buses, either.
What if I don't speak English?
The bill says the New Jersey Motor Vehicle Commission must provide translators for every office that processes applications and shall translate application forms in the three languages, other than English, that are most commonly spoken in the state. People who apply for the new standard license will still have to pass the same tests, and take the same driving classes.
In addition, the licensing test will be given in any of those four languages, too.
How is this different than Real ID?
Anyone seeking a Real ID must prove their social security number and provide additional documents with their application. The Real ID license indicates that the holder meets federal regulations on minimum security standards. It allows holders to board domestic flights, enter federal buildings and military bases. The standard license is for driving and identification only.
How much does it cost?
A standard driver's license will cost $18, and the Real ID basic driver’s license is $29, according to the bill. There's also a $6 photograph fee for both kinds of licenses.
Will applicants for the standard license be required to get a permit?
Applicants for driver licenses will follow the same route as current first-time New Jersey driver license applicants, according to William Connolly, a spokesman for the MVC.
If an applicant has an expired or current driver’s license from another country, would that allow them to skip the road test?
MVC Regulation requires road tests, but they may be waived if the applicant has a valid license from another country or state. Only drivers with a valid license from the Republic of China (Taiwan), with which New Jersey has a reciprocal agreement, are not required to take the New Jersey road or knowledge tests, Connolly said.
How is MVC preparing for the influx of driver's licenses it expects to grant once this bill goes into effect?
Connolly said the improvements made by the MVC for REAL ID Readiness prepared the agency to handle the additional volume.
"The analytics from the new queuing system will provide the data that enables us to get even better,' he said.
Will the state protect personal information?
Provisions of the bill limit the sharing of a license applicant's personal information. The bill says any documents collected by MVC should be confidential, and personal information is not considered a government record. Personal information should only be turned over for immigration-related matters with a person's consent or court order.
The bill says a standard driver's license should not be used as the basis for arrest or citation or evidence of a person's citizenship.
How many other states issue driver’s licenses to immigrants without legal status?
Fourteen other states and Washington, D.C., allow residents to drive legally, regardless of their immigration status. The states are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, New York, Nevada, Oregon, Utah, Vermont, and Washington. New York and Oregon passed legislation over the summer, with New York beginning to accept applications this week.
What do other states do?
States differ in what documentation they require and the process it takes for undocumented immigrants to access a driver’s license. Some states, like Maryland, require that immigrants without legal status show proof they filed state taxes, while Connecticut requires that all new applicants, regardless of age, who apply for the Drive Only license apply for a learner’s permit first.
Is it only immigrants that benefit?
Nava, of New Jersey Policy Perspective, said expanding the types of documents a person can use to get an identification will not only help immigrants. Low-income residents and people leaving incarceration, who might have trouble finding the documents necessary to get an identification, could also benefit, she said.
How can I learn more?
The MVC and the New Jersey Attorney General will launch a two-year public awareness campaign about the new license. An advisory board created by the bill is in charge of overseeing the law's implementation.
Stacey Barchenger is a reporter in the New Jersey Statehouse and Monsy Alvarado reports on immigration and diversity. For unlimited access to their work, please subscribe or activate your digital account today.
Email: sbarchenger@gannettnj.com Phone: 732-427-0114 Twitter: @sbarchenger ; alvarado@northjersey.com Phone: 973-569-7176 Twitter: @MonsyAlvarado
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