How Does Minnesota Bill HF 4 Impact Undocumented Immigrants?
Since 2003, undocumented individuals residing in Minnesota were unable to apply for Minnesota driver's licenses and state ID cards. That changed when the "Driver's Licenses for All" bill was signed into law by Governor Tim Walz. This law allows Minnesota residents to apply for a state-issued driver's license or identification card starting in October 2023, regardless of their undocumented immigration status.
What Does the "Driver's Licenses for All" Bill Do?
The new law amended the qualifications for applying for a state identification card and for a driver's license. Individuals no longer have to provide proof of legal status in order to apply. Applicants must still pass a written exam and a driving test and pay the associated fees. If applicants qualify, a "Standard License" will be issued. The Standard licenses do not comply with Federal law and cannot be used for air travel, crossing international borders, or REAL ID purposes.
Accepted Primary Documents
- An unexpired foreign passport or consular identification document with a photograph
- A certified birth certificate issued by a foreign jurisdiction
- A certified adoption certificate from a foreign jurisdiction including the applicant's name and date of birth
Accepted Secondary Documents
- Form I-589 (Application for Asylum) proof of submission
- A Deferred Action for Childhood Arrival (DACA) approval notice
- Certificate of Eligibility for Nonimmigrant Student Status (Form I-20)
- Certificate of Eligibility for Exchange Visitor Status (Form DS-2019)
- A current foreign driver's license or one expired for five years or less
Does Seeking a License Have Risks for Undocumented Immigrants?
Minnesota lawmakers considered this concern when drafting the new law. The card itself will bear no indicator relating to the lawful presence or citizenship of the holder. The law also states that a state agency must not use possession of a noncompliant driver's license as evidence of a person's citizenship or lawful presence in the United States, or as the primary basis for investigation, detention, or arrest.
Notwithstanding these precautions, it is important to note that the Federal government, which administers immigration law, may not agree. If you have concerns about this aspect of the new law or need help applying, a knowledgeable immigration attorney from our firm would be happy to answer your questions. Contact our law office today to schedule a consultation.
This article is for general informational purposes only and does not constitute legal advice. Contact TVA Law Office at 651-571-8547 to discuss your specific situation.
