NY To Allow Noncitizens Who Are In U.S. Illegally to Obtain Driver's Licenses

On June 17, 2019, the New York State Senate passed legislation allowing noncitizens who are in the United States without legal authorization to obtain New York State driver's licenses. The bill passed the New York State Senate by a vote of 33-29 and, having already passed the New York State Assembly, now heads to Governor Andrew Cuomo for his signature. Governor Cuomo had initially stated that he would veto the bill without assurances from the New York Attorney General's Office that the Federal government would not be able to subpoena or access information about license holders who are in the country illegally. After receiving assurances from New York Attorney General Letitia James, Governor Cuomo stated that he would sign the bill into law.¹

This news is very welcome for many individuals in New York who are in the country illegally and previously had no means of obtaining a driver's license. The move will make it possible for these noncitizens to drive legally in New York and throughout the country, although it will not change their immigration status. Those with questions about their immigration situation, including the effect of changes in New York law on their ability to drive and the associated risks thereof, should consult with an experienced immigration attorney for case-specific guidance.

______________________

1. Roy, Yancey. “Green light in NY for immigrants in U.S. illegally to get driver's licenses.” AMNewYork. Jun. 18, 2019. https://www.amny.com/news/politics/state-legislature-driver-s-licenses-immigrants-1.32566588