Following a fatal accident in Florida caused by Harjinder Singh, an undocumented immigrant from India, a debate has erupted in the US regarding driver's licenses for undocumented immigrants. Singh, who made an illegal U-turn on a Florida highway while driving a semi-truck, held a commercial driver's license (CDL) from California, one of the states that permits undocumented immigrants to obtain licenses.

19 states and the District of Columbia currently have such policies. Washington state enacted its law in 1993, while most others, including Illinois and California, implemented changes around 2012. The majority are Democrat-leaning states, with the exceptions of Utah, which passed its law in 2005, and Virginia, which enacted its law in 2020 under Democratic control of the legislature. These licenses are not accepted as federal identification or for air travel.

US states that allow undocumented immigrants to obtain driver's licenses. Graphics: Christian Science Monitor

Supporters argue that allowing undocumented immigrants to obtain licenses enhances road safety by reducing the number of uninsured and unlicensed drivers. The National Immigration Law Center (NILC), a US non-profit advocacy organization, believes all 50 states should adopt this policy, arguing it removes unnecessary barriers and ensures freedom of movement for everyone.

According to NILC, prohibitive laws perpetuate fear among immigrants of being stopped by police or Immigration and Customs Enforcement (ICE), hindering their economic contributions. "A driver's license is not just a piece of identification, it's a gateway to economic opportunity, personal freedom, and community integration," NILC argues. "It’s an essential tool that enables people to work, take their children to school, and access healthcare safely and easily."

However, this policy faces strong opposition in Republican-leaning states, where it's described as reckless and a threat to public safety. In 2023, Florida became the first state to invalidate out-of-state licenses issued to undocumented immigrants with the passage of Senate Bill 1718.

Classic cars on a street in San Francisco, California, in June. Photo: AFP

Driving in Florida with a license "issued exclusively to undocumented immigrants" or with a notation indicating the driver's lack of legal residency is now a crime, punishable by fines or imprisonment. In May, Tennessee Governor Bill Lee signed Act 749, invalidating similar out-of-state licenses, effective from 2026.

Wyoming passed a similar law in February, effective from July, with penalties of up to 6 months in jail and a $750 fine. Oklahoma, Alabama, New Hampshire, and Montana are considering similar legislation. The Trump administration criticized California for licensing Singh, accusing Governor Gavin Newsom of "playing games with people's safety".

California countered that Singh received an Employment Authorization Document (EAD) in 2018, during Trump's first term. EADs issued during asylum applications are generally accepted as valid grounds for CDLs in all states. "He would have been eligible for a license in any state," Newsom's spokesperson said. "California complies with federal law, something the former President seems unaware of."

The Trump administration also sued New York over its "Green Light Law," which allows all New Yorkers over 16 to apply for non-commercial driver's licenses regardless of immigration status. Former Florida Attorney General Pam Bondi criticized New York for "prioritizing illegal immigrants over American citizens". Bondi is now the US Attorney General.

Duc Trung (Newsweek, ABC45 News, FOX News)