How are my personal documents and information protected from federal immigration enforcement when I apply for an AB 60 license in California?
California law strictly limits how the Department of Motor Vehicles (DMV) can share your personal information with federal agencies, including immigration enforcement. The law is designed to protect the documents and data you submit when applying for an AB 60 license.
Here is how your information is protected:
Step 1: Understand the Core Legal Protection
California Vehicle Code section 12801.9, created by Assembly Bill 60, explicitly states that the information collected for an AB 60 license is not a public record. The DMV is prohibited from disclosing an applicant's information, including their immigration status, to any unauthorized person or agency. This is the primary safeguard for your data.
Step 2: Know What Information Is Kept Confidential
All the documents you use to prove your identity and California residency are protected. This includes foreign passports, consular identification cards, and foreign birth certificates. The DMV cannot share this information for the purpose of immigration enforcement without a specific legal order.
Step 3: Recognize the High Bar for Information Sharing
Federal immigration authorities cannot simply request your information from the DMV. To access your records, a law enforcement agency, including a federal one like ICE, must obtain a lawful court order, a judicial warrant, or a subpoena signed by a judge. The DMV is legally required to reject simple administrative requests.
Step 4: Be Aware of the License Markings
Your physical AB 60 driver's license will have a visible marking that says "Federal Limits Apply." This marking is required by federal law and indicates only that the license cannot be used for federal purposes, like boarding a plane or entering a secure federal facility. It does not state or reveal your immigration status.
Important Details and Nuances:
The law prevents the DMV from engaging in bulk sharing of AB 60 applicant data with federal agencies. The protection focuses on preventing your application itself from triggering immigration enforcement action. State and local law enforcement cannot use the "Federal Limits Apply" designation as a basis to question or investigate your immigration status.
Warnings and Limitations:
The protection is not absolute; a judge can order the DMV to release your information in a specific criminal investigation. Furthermore, these protections apply specifically to the DMV. They do not prevent immigration authorities from encountering you in other situations or from using other information to conduct enforcement actions.
This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney specializing in immigration or civil rights law.
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Immigration
Immigration laws, visas, and citizenship information
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