Politics & Government

Undocumented Immigrants To Get Driver's Licenses In NY

Gov. Cuomo signed a bill to offer licenses to undocumented immigrants Monday despite raising objections to it hours earlier.

State Sen. Luis Sepúlveda speaks in favor of a bill granting undocumented immigrants driver's licenses on Monday.
State Sen. Luis Sepúlveda speaks in favor of a bill granting undocumented immigrants driver's licenses on Monday. (AP Photo/Hans Pennink)

NEW YORK — New York became the 13th state to offer driver's licenses to undocumented immigrants on Monday despite a close state Senate vote and some last-minute objections from Gov. Andrew Cuomo.

The Democratic governor signed the Driver's License Access and Privacy Act, a law that will allow immigrants to get a state driver's license or learner's permit without a Social Security number or proof that they are in the United States legally. The measure will take effect in about six months.

The Democratic state Senate passed the bill 33-29 following its approval in the state Assembly last week. Its passage followed a monthslong push from immigrant-rights advocates and lawmakers, who argued that it would protect undocumented New Yorkers and make the state's roads safer.

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"This legislation will not only provide undocumented immigrants with a legal solution to obtain a driver's license, but its positive impacts will include significant economic growth, improved road safety, and it will keep hardworking families together," state Sen. Luis Sepúlveda, a Bronx Democrat who sponsored the bill, said in a statement.

The bill overcame opposition from seven suburban Senate Democrats amid reported concerns about political backlash, as well as Cuomo's worries on Monday that it would inadvertently help immigration authorities track down undocumented people.

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Cuomo's administration asked state Solicitor General Barbara Underwood to weigh in on whether the bill would "definitively prohibit" the federal government from accessing DMV data.

Underwood's boss, Attorney General Letitia James, then issued a statement saying the measure had "ample protections" for immigrants seeking licenses. The legislation would bar the DMV from releasing license-holders' information unless required by federal law, a court order or a judicial warrant.

James's opinion led the governor to relent despite not hearing from Underwood directly.

"Governor Cuomo has supported this policy for over a decade. The key to this bill is not the political intent but the legal effect," Alphonso David, the counsel to the governor, said in a statement. "We hope the Attorney General's assessment is correct for the safety of the thousands of undocumented individuals who are relying on her legal opinion."

Twelve other states — including California, Connecticut and Maryland — and the District of Columbia currently offer driver's licenses to undocumented immigrants. Former Gov. Eliot Spitzer made attemps at expanding access to licenses but drew opposition from some county clerks, who reportedly pledged not to issue them to undocumented immigrants.

Business groups joined immigrant-rights advocates in supporting the bill because it could have a big economic impact. The measure could boost government revenues by nearly $84 million over the first three years and $6.4 million in recurring revenue after that, Senate Democrats say, citing an estimate by the Fiscal Policy Institute.

"The experience of other states has been that this policy will improve safety on our streets and highways and help ensure that drivers are both trained and insured before they take the wheel," Kathryn Wylde, the president and CEO of the Partnership for New York City, said in a statement.

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