Calif. Governor Vetoes Illegal-Alien Sanctuary Bill, Signs Driver’s License Bill
California Gov. Jerry Brown vetoed a bill (AB1081) that would have restricted police from detaining illegal aliens for ICE, but signed another (AB2189) that gives executive amnesty recipients access to driver’s licenses. Estimates suggest that at least 450,000 illegal aliens could get driver’s licenses under the new law.
AB1081 would have prohibited police from honoring ICE detention requests unless illegal aliens are convicted of serious or violent felonies. This sanctuary legislation was a direct challenge to the federal Secure Communities program under which ICE agents can ask police departments to hold any illegal alien under a “detainer.”
In vetoing AB1081, however, Gov. Brown said he did not disagree with the bill’s intent. His veto message said it was “fatally flawed” because it precluded honoring detainers for serious crimes involving child abuse, drug trafficking and gang activity. Brown said he will work with the legislature to “correct” the legislation.
Under AB2189, illegal aliens under the age of 31 are eligible for driver’s licenses if they qualify for deportation amnesty under the Deferred Action for Childhood Arrivals (DACA) program. California motor vehicle department officials at first believed that deferred action recipients would qualify for licenses under state law but retracted their position. That prompted Sen. Gil Cedillo -- a long-time proponent of driver’s licenses for illegal aliens – to work toward passage of AB2189.
The new law states that "Any federal document demonstrating favorable action by the federal government for acceptance of a person into the deferred action for childhood arrivals program shall satisfy the requirements." This means the motor vehicles department must accept all federal notices of DACA approval, which would include texts, emails and other notices that can be easily forged.
Recent polls suggest that the majority of Californians oppose giving driver’s licenses to illegal aliens. Former Gov. Gray Davis was recalled from office soon after he signed a 2003 bill that gave then access to licenses.
California is the first state to enact a law providing driver’s licenses to deferred action recipients. Some motor vehicle department officials have suggested that current law qualifies them for licenses but the matter is likely to played out in the legislatures next year.
States that decide to deny licenses to deferred action recipients will find it easy to do so. The federal Systematic Alien Verification for Entitlements (SAVE) system identifies DACA participants so a state simply needs to run license applicants through SAVE. All but eight states currently use SAVE for vetting noncitizen driver’s license applicants.