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FREQUENTLY ASKED QUESTIONS:
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A rundown of California Assembly Bill 1766 and what it
means for immigrants living in the Golden State
CALIFORNIA IDs FOR ALL
DECEMBER 2022
WHAT DOES AB 1766 DO?
On September 23, 2022, Governor Newsom signed CA IDs for All (AB 1766, Stone) into
law. Right now, only people who can show their presence in the U.S. is “authorized
under federal law” can apply for a standard (non-REAL ID) California identification
card (CA ID). AB 1766 expands standard CA ID eligibility to all Californians, regardless
of their immigration status, by 2027. Undocumented residents without access to a
car or who are unable to take a driver’s test will benefit most from this bill, including
some women, seniors, persons with disabilities, and people who were formerly
incarcerated.
WHY DO PEOPLE NEED IDS? I THOUGHT UNDOCUMENTED
CALIFORNIANS COULD GET A DRIVER’S LICENSE.
AB 60, passed in 2013, allows all Californians to apply for a driver’s license, even
without proof of their immigration status, if they can establish their identity and
California residency, pass a driving test, a vision test, show proof of insurance, and
any other driver’s license requirements. However, AB 60 did not expand access to CA
ID cards. Residents who cannot obtain a driver’s license (which can serve as a form
of ID) - perhaps because they do not drive or do not have access to a car - and who
cannot provide proof of lawful presence in the United States have been unable to
obtain a CA ID card (a non-driving alternative form of ID available to other California
ILRC.ORG PG. 1
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TEACHING, INTERPRETING,
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COMMUNITY
EXPLAINER
residents). IDs are critical for many daily
activities, such as cashing a check, renting an
apartment, or volunteering at a child’s school.
WILL IDS THROUGH AB 1766 BE
AVAILABLE ONLY TO THOSE WITHOUT
IMMIGRATION STATUS?
No, anyone who cannot or chooses not to
provide the documents needed for a REAL
ID may apply for a standard CA ID card. The
AB 60 DRIVER’S LICENSES, FOR
UNDOCUMENTED CALIFORNIANS
WHO CAN PASS THE DRIVING TEST,
ARE AVAILABLE NOW.
VISIT ILRC.ME/AB60 FOR MORE
INFORMATION.
NOTE
California Department of Motor Vehicles (DMV) refers to all non-REAL ID cards as
“standard ID cards.” Standard ID cards are currently available to California residents
who are U.S. citizens, lawful permanent residents (green card holders), and other
lawfully present individuals. Under AB 1766, undocumented Californians will also be
able to apply for standard ID cards.
HOW MANY PEOPLE COULD BENEFIT FROM AB 1766?
Approximately 1.6 million people in California could benefit from AB 1766 based on the
number of undocumented people over age 15 who have not yet obtained a driver’s
license through AB 60 at this point. However, the number of people who could benefit
from the expanded access to standard ID cards is likely higher, since ID cards -
unlike driver’s licenses - are available to Californians of any age. So children will also
be able to benefit from AB 1766.
IS THERE AN AGE REQUIREMENT TO APPLY FOR AN ID UNDER AB
1766?
No, there is no minimum age requirement for a CA ID card, including those issued
under AB 1766.
ILRC.ORG PG. 2
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WHEN CAN PEOPLE BEGIN APPLYING FOR IDS UNDER AB 1766?
The law passed in 2022 but it is not set to go into effect until 2027. Californians should
be able to apply for standard CA ID cards under AB 1766 by July 1, 2027.
WHY IS THAT DATE SO LATE?
The DMV is in the process of updating their technological systems, so unfortunately
the DMV could not commit to making these IDs available sooner.
IS THERE ANY WAY TO MOVE THAT DATE UP?
The law, CA IDs for All, requires that the DMV make standard CA IDs available to all
Californians regardless of immigration status no later than July 1, 2027, so the DMV
could issue them sooner. The organizations that worked on the bill plan to have
conversations with the DMV about the timeline for making these IDs available.
IF I APPLY FOR AN ID UNDER AB 1766, WILL MY INFORMATION BE
SHARED WITH LAW ENFORCEMENT (LIKE THE POLICE), WHO MIGHT
THEN GIVE MY INFORMATION TO ICE?
Law enforcement agencies can set up requester accounts to request DMV information.
This applies to all California residents whose information is with the DMV, not just
those applying for standard CA ID cards under AB 1766 or AB 60 driver’s licenses. Law
enforcement can then ask for records if they already have certain identifiers to know
which records they are looking for. For instance, they must provide a name, driver’s
license number, or vehicle identification number. This means that law enforcement is
already looking for specific people when they ask the DMV for information.
The California Values Act and other state laws require law enforcement agencies
to agree not to use the non-criminal history information obtained from the DMV for
immigration enforcement purposes. They must agree to do this when they set up a
requestor account.
ILRC.ORG PG. 3
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AB 1766 added another restriction on law enforcement sharing information that it
obtains from the DMV with ICE. It says that no government agency or department,
law enforcement agency, or other person shall “obtain, access, use, or otherwise
disclose, noncriminal history information maintained by the department, for the
purpose of immigration enforcement.” The definition of “immigration enforcement”
includes any efforts to investigate or enforce any federal immigration law as well as
federal criminal immigration laws that penalize a person’s presence in, entry, reentry,
or employment in, the United States.
WHAT WILL CA IDS UNDER AB 1766 LOOK LIKE? WILL THEY LOOK
DIFFERENT FROM REAL ID CARDS?
We will confirm with the DMV what these IDs will look like. The law says that the card
must state that it is not acceptable for official federal purposes.
WILL AN ID OBTAINED UNDER AB 1766 SATISFY REAL ID?
No—standard CA IDs, including those obtained under AB 1766, are not REAL ID-
compliant (AB 60 driver’s licenses also are not REAL ID-compliant). This means they
cannot be used for certain federal purposes—such as entering restricted parts of
federal buildings or boarding an airplane—after REAL ID goes into effect on May 7,
2025.
WHAT CAN I USE A CA ID OBTAINED UNDER AB 1766 FOR?
A standard CA ID card, including one obtained under AB 1766, is valid for state ID
purposes such as opening a bank account, renting an apartment, picking up a child
from daycare, and entering a bar. California law prohibits discrimination based
on the type of license or identification card a person presents. Law enforcement,
businesses, landlords, state or local government agencies, and even employers
(unless otherwise required by law) cannot treat a person differently based on the
type of ID or driver’s license they have.
ILRC.ORG PG. 4
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ILRC.ORG PG. 5
FOLLOW US
Discover more community explainers, toolkits,
& alerts about immigration law.
WHERE CAN I FIND MORE INFORMATION AND RECEIVE UPDATES ON
AB 1766?
Visit caimmigrant.org and ilrc.org, where we will continue to share information on AB
1766 as we learn more.
AB 1766 was sponsored by Asian Americans Advancing Justice-CA, California Immigrant Policy
Center (CIPC), Coalition for Humane Immigrant Rights (CHIRLA), and the Immigrant Legal Resource
Center (ILRC).
Are you a California Community College (CCC) or a California State University
(CSU) student? If so, you qualify for FREE immigration legal services!
FIND OUT MORE CCC: findyourally.com CSU: findyourally.com/csu
