By Cali Johnson and Wendy Fry, CalMatters
California is set to share detailed information about driver’s license holders, affecting even those without legal residency in the United States. This decision has raised concerns among advocates who believe it goes against a decade-old promise made when the state began issuing licenses to undocumented immigrants, potentially putting more than one million individuals at risk of deportation.
Concerns were voiced at a recent briefing by the California Department of Transportation and Governor Gavin Newsom’s office. Advocates indicated that failing to provide the data could lead the Department of Homeland Security to refuse to accept California licenses or identification cards at airports. State officials confirmed that sharing this information is necessary for compliance with the Real ID Act of 2005, which outlines the criteria for acceptance of state IDs at federal facilities, including airports.
Representatives from four advocacy groups expressed their worries about the kind of information that will be shared, specifically regarding whether individuals possess Social Security numbers. They argue that this data could facilitate the identification of individuals lacking legal status within the country.
The information will be submitted to the American Association of Motor Vehicle Administrators (AAMVA), a nonprofit organization comprising DMV employees from various states. AAMVA will incorporate the provided data into its Interstate Verification System and SPEXS platform, enabling agencies to check for duplicate licenses issued across multiple states.
Future applications could see the use of such ID databases for mobile licenses on smartphones, online age verification, and other digital advancements. Yet, fear persists that federal immigration authorities may exploit this data, particularly identifying individuals without Social Security numbers as subjects for potential deportation.
During the briefing, DMV and governor’s office officials claimed they received assurances regarding safeguards against bulk searches targeting unauthorized immigrant license holders and access by federal agencies such as Border Patrol and Immigration and Customs Enforcement (ICE). However, skepticism remains among advocates, with some arguing that once data is uploaded to AAMVA, California’s control over it could be severely limited.
Concerns Over Social Security Data
For over a decade, California and 18 other states have encouraged undocumented immigrants to obtain driver’s licenses, aiming to bolster public safety and stimulate economic activity. Advocates argue these laws could contribute billions in tax revenues while enhancing public safety by allowing residents to report crimes without fear of legal repercussions.
Since the passage of Assembly Bill 60 in 2013, over one million Californians have acquired driver’s licenses, which legally prohibit the use of licensing information to determine immigration status. However, the multi-state verification system can unintentionally expose illegal immigrants, as it encodes the last five digits of an individual’s Social Security number, employing the placeholder “99999” if no Social Security number is present.
Concerns are further amplified by instances where local law enforcement agencies have previously breached state laws, sharing data with ICE or Border Patrol. Although the DMV and governor’s office maintain that they will be informed of any requests for data from outside entities, the potential for gag orders on subpoenas creates an alarming scenario for advocates.
Criticism of Data Sharing Agreements
Advocates have expressed that sharing driver’s license information with AAMVA undermines the safety of immigrant license holders. “This is a direct betrayal of the commitments made to AB60 license holders,” said Tracy Rosenberg, director of advocacy at Oakland Privacy. Linda Gui from the Western Center on Law and Poverty echoed similar sentiments, comparing the situation to previous data-sharing efforts that violated federal law.
Doubts have also been raised regarding the necessity of complying with the Real ID Act now, nearly two decades post-implementation, especially as the state navigates intense political pressure. As the California Legislature must approve $55 million to facilitate this data transition, scrutiny continues regarding the rationale for such expenditures and commitments to share sensitive information.
At a recent state Senate budget hearing, lawmakers challenged the urgency of following a private organization’s timeline while invoking concerns about sharing Social Security numbers. DMV Director Steve Gordon acknowledged the state’s attempts to advocate for alternative identifiers while emphasizing the need to act promptly. As public awareness grows regarding the implications of this data sharing, many occupy a precarious position of uncertainty.
As the DMV moves forward with its plans, various stakeholders are debating the future direction of data safeguarding policies, particularly regarding how they interact with federal requirements. Advocates are calling for innovative solutions, suggesting the state consider alternative identification methods rather than continuing down a path that raises questions about the protection of vulnerable populations.
