Real ID Deadline Extended to May 7, 2025

The REAL ID full enforcement date will be extended again by 24 months, from May 3, 2023 to May 7, 2025, the U.S. Department of Homeland Security (DHS) announced today.  Until then, federal agencies, including the Transportation Security Administration (TSA), and airlines may continue to accept State driver’s licenses and identification cards for admission to federal buildings and domestic air travel.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

NJ Will Issue Driver's License to Individuals with SSN or ITIN

 

As of May 1, 2021, the New Jersey Motor Vehicle Commission (NJMVC) will no longer require proof of immigration status for driver's license appointments. 

The standard basic driver's license will be available to qualified New Jersey residents regardless of immigration status. This means that noncitizens no longer need to present confusing combinations of receipt notices, EADS, passport, etc., at the DMV to prove their immigration status. Instead, all that one needs is a Social Security number (SSN) or Individual Taxpayer ID Number (ITIN). The latter can be applied for through the IRS. An affidavit will also be accepted in place of an SSN or ITIN starting June 1st, 2021. Appointments are to be made online on the NJMVC website.

One thing to note is that short-term U.S. residents on a visitor visa may not need to go through the basic driver's license process at all. If you are certain that you will not be in the country for more than a year, you can just use your foreign driver's license to drive for up to a year. 

With the identification process simplified, renewing, applying for, and receiving a driver's license in NJ will be a lot smoother for foreign nationals. Other requirements to get the driver's license, such as providing the six points of identification, remain the same. Applicants should consult the NJMVC website for specific instructions. 

REAL ID Deadline Postponed to October 1st, 2021

DHS announced today that it will delay the enforcement deadline of the READ ID Act by one year to October 1st, 2021. The change is on account of the COVID-19 pandemic.  For many Americans, the most practical effect is that they will continue to be able to use their current State driver's licenses to board flights for domestic travel. 

California to issue driver's licenses to the undocumented in 2015

The Department of Motor Vehicles (DMV) in California will be issuing driver's licenses to

undocumented drivers under a new law as long as they can prove their identity and California residency.

Under the new law - Assembly Bill (AB) 60 - an applicant must still be able to provide proof of identify and residency in California within six months of application.  Furthermore, applicants must be at least 16 years old and without criminal background. The new law is expected to become operative on January 1, 2015.

Licenses issued under AB 60 are visually different from the regular driver's licenses. For instance, instead of using DL (driver's license), it will use DP (driving privileges).

Under AB 60, undocumented drivers must still pass a written and driving test and obtain proof of insurance before they are allowed to drive in the state. Approximately 1.4 million undocumented persons in California are expected to apply for driver's licenses over the next three years under the new law.

NJ called off stricter requirements for Driver’s License

The New Jersey MVC had planned to implement stricter requirements for New Jersey residents who want to apply for a driver’s license.  The new plan, called TRU-ID, was to implement the federal REAL ID Act of 2005, which was passed by Congress in the aftermath of the Sept. 11, 2001 attacks to impose stricter standards on issuance of driver’s licenses and other ID documents.  About 25 states have decided not to implement the REAL ID standards.

New Jersey has already been using a strict “6-point” system since 2003, requiring a primary ID, a secondary ID, verifiable Social Security number, and a proof of address. The plan to implement READ ID standards has been the subject of much controversy.   The new standards would impose even stricter documentary requirements, including proof of Social Security number, legal identity, legal presence in the United States, and applicant’s principal residence. Only originals or certified copies in English would be accepted.  Also, the state would retain photocopies of all documents in its database.

The plan was called off by the New Jersey Motor Vehicle Commission on Oct. 4 as a part of  settlement in a lawsuit before a Mercer County Superior Court judge filed by the American Civil Liberties Union (ACLU).  In May, the same judge entered a temporary injunction against TRU-ID's implementation right before the plan was scheduled to go live. 

The ACLU argued that the collection of personal documents like birth certificates was both an invasion of privacy and a violation of other constitutional rights. Further, the new rule was also not published in the New Jersey Register as required by law and, hence, depriving the public of an opportunity to review and comment. Under the New Jersey Administrative Procedure Act (APA), before the state may implement a new rule or regulation that affects the rights of its citizens, it must first be published to allow the public an opportunity to provide comments and feedback.

According to the MVC, it has decided to follow the APA procedure and publish the new TRU-ID rule before implementation.  But their plan is still to implement the stricter driver’s license requirements some time in the future.