If you are not in the United States legally, you could have difficulty obtaining such identification. If you are a lawful permanent resident of the U.S. (a "green card" holder) and you don't yet have identification like a driver's license or state ID card, however, you can apply for one by showing your green card.
If you are a lawful permanent resident considering applying for a medical marijuana card, you should know the possible consequences if federal authorities find out. As discussed below, you:
This article discusses the consequences of marijuana use for permanent residents. If you are not a permanent resident, you still risk (deportation as discussed below), and you should also consider the effect on your future visa eligibility. For more on marijuana use and inadmissibility, see Will Legal Use of Marijuana Make Applicant for Immigration Benefits Inadmissible?
Just because your state's has legalized medical marijuana does not mean there is no risk to your lawful permanent resident status if you do so. This is because your immigration status is a federal matter, governed by federal law, which makes any marijuana use illegal in the eyes of the federal government.
So, even though your state might not convict you for using marijuana for medical purposes, the federal government can, and sometimes does.
Green card holders convicted of a violation of a federal law relating to marijuana (other than a single offense involving possession for their own use of 30 grams or less) are deportable. You're also deportable if you are a "drug abuser or addict." It's possible that the U.S. government will allege that your medical use of marijuana constitutes abuse or addiction.
Also, conviction of certain crimes involving "moral turpitude" can get you deported. That's a fuzzy term under U.S. immigration law, and you can't be sure what a court will say. However, possession of marijuana for personal use is likely not a crime involving moral turpitude. Growing marijuana for a medical purpose likely wouldn't be, either. For more information, see Crimes That Will Make an Immigrant Deportable.
Even if U.S. immigration authorities don't take immediate steps to deport you, they will raise questions about drug use if and when you apply for U.S. citizenship, at which time USCIS could deny your application or take steps to deport you.
If you're a green card holder who wants to travel outside the U.S., your medical use of marijuana could cause you problems getting back in and staying in the United States. This is because the U.S. Customs and Border Protection (CBP) officer at the border could treat you as an "arriving alien" who must be "admissible" in order to enter the United States.
As a green card holder, you're not always considered an arriving alien when returning after foreign travel. However, you could be considered an “inadmissible arriving alien” if you have been convicted of a federal crime relating to marijuana—or even if you admit to past marijuana use, regardless of whether it was in the state where you used it. (Carrying a medical marijuana card in your wallet is a sure tipoff.)
You also have to be concerned with anything you've done that would give the U.S. government reason to believe you're a marijuana "trafficker," or dealer. This might include admitting that you work for a legal dispensary or grower.
If the U.S. government determines that you are an inadmissible arriving alien, you will most likely be let back into the U.S. temporarily, and the U.S. government will begin deportation (removal) proceedings against you. You might be eligible for a "waiver" of your inadmissibility if your crime is a single offense of simple possession of 30 grams or less of marijuana. If that does not apply to your situation, a good lawyer might be able to find other grounds upon which to apply for a waiver, depending on your circumstances. Ultimately, though, the best way to avoid deportation for marijuana is to avoid giving the U.S, government any reason to believe you have violated federal drug laws.
Talk to an experienced attorney for a full analysis of your situation, particularly if you plan to travel outside the United States. And if you are arrested and placed into immigration court proceedings, getting an attorney's help will be crucial.
]]>If you are an undocumented person, you'll want to read this article explaining California’s rules on getting a driver’s license and outlining the next steps to take in order to apply.
No, getting a California driver’s license does NOT give you any sort of legal status in the United States. Only the U.S. federal government has the power to legalize someone's U.S. immigration status—no individual state can do that.
What getting a California driver’s license does mean is that you are allowed to operate a vehicle within the state of California and to carry an identity card proving that fact. That's all. The main reason the California legislature passed this law was traffic safety. It noted various studies finding that around one in five fatal crashes involved a driver without a proper license; and that millions of California drivers lacked car insurance.
So, for example, you cannot use your California AB60 license for federal identification purposes, to show to an employer, or to vote in U.S. elections.
As an undocumented person seeking a California driver’s license despite having no legal immigration status nor a valid Social Security Number (SSN) will need to meet the terms set out in AB 60. This law requires you to not only meet the same standards as other prospective drivers (for example, to understand the traffic laws and have adequate vision to drive safely), but to:
You will need to supply proof of your identity, most likely from your home country, such as a passport, consular card (matricula consular), or electoral card.
You will also need to submit proof of your residence in California, such as rental or lease agreements showing your and the landlord’s signature, mortgage and home utility bills in your name, school, medical, insurance, bank, and employment records, a letter from your church, temple, mosque, or other place of worship, and so on. If you present documents in a language other than English, you will need to also submit a certified translation or an affidavit of translation into English.
To apply for your license, you can either make an appointment or show up at one of various California drivers license processing centers during open hours.
You will be expected to fill out an application form, pay fees, and pass a written exam and possibly a road sign test, an eye test, and a driving skills test (with you behind the wheel). Study materials are available in a number of languages.
For details, see the AB 60 Driver License page of the California DMV website.
Your California driver’s license will bear the notation "FEDERAL LIMITS APPLY." That means anyone reading might guess that you are not a U.S. citizen—but not necessarily. The same notation will be given to California residents (including U.S. citizens) who simply can't or won't qualify for a so-called "REAL ID" (as will be required starting May 7, 2025 for anyone wanting to board a commercial plane or engage in certain other federally related activities).
The law also forbids discrimination against people holding an AB 60 license. California police do not, by and large, turn over undocumented people to federal immigration enforcement agents.
It remains true, however, that nothing stops federal immigration officials from arresting someone who holds an AB 60 license and cannot otherwise prove legal immigration status—perhaps after encountering them during a home or workplace raid, placing a hold on them after an arrest and imprisonment by law enforcement, or accessing the DMV files because they are searching for that person.
Think twice about applying if you have a record of driving while under the influence of alcohol or drugs (a DUI) or other criminal record, have been ordered deported (removed) in the past, or have used false documents to obtain a past drivers’ license. Consult with an attorney about the risks before applying for your AB 60 license.
If you are an undocumented person living in California who would like a license to drive, see the California Department of Motor Vehicles (DMV) website for more specific guidance. You will also find suggestions regarding what documents to submit on the AB 60 license and AB 60 Checklist pages of the DMV website.
]]>That gives a dangerous amount of leverage to someone wanting to take advantage of an undocumented immigrant—which is why the State of California enacted laws protecting immigrants who are:
The crime of extortion (sometimes referred to as blackmail) is ordinarily understood to describe a situation where someone obtain money or property not by a direct threat of violence (which would be a robbery), but by a less direct threat, such as to a victim's property, reputation, or loved ones.
Under California law, for example, threatening to accuse someone of a crime, or to expose a secret affecting the person, can be considered extortion. Also on the California list is threatening to report someone’s immigration status or suspected immigration status, or that of the person’s family. It is thus punishable under the California Penal Code (Section 519), which carries a sentence of between two and four years in prison.
If you are a victim of this sort of extortion, you might want to report it to the police. Have a talk with an immigration attorney first, however, to assess the risks of coming into contact with the criminal justice system.
Penalties can also be brought against professionals and businesses that attempt use someone’s immigration status as a form of unfair pressure or retaliation.
Specifically, an attorney who, in response to someone exercising a right related to employment or renting property, reports the person's suspected immigration status, can be suspended, disbarred, or otherwise disciplined. The same is true if the attorney threatens to report the immigration status of someone in the client's circle, such as a family member or a witness or party to a civil or administrative action. This is according to Business and Professions Code Section 6103.7. The term "family member" includes a spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild related by blood, adoption, marriage, or domestic partnership.
Relatedly, employers who report or threaten to report the actual or suspected immigration status of an employee, former employee, prospective employee, or that person's family member, to a federal, state, or local agency because the employee, former employee, or prospective employee has exercised a right under the provisions of the California Labor, Government, or Civil Code will be considered to have taken an adverse action violating the person's rights. "Family member" has the same meaning as just above. This comes from Section 244 of the California Labor Code.
See a criminal law attorney if you think your rights have been violated as described in this section of California law; and separately see an experienced immigration attorney for a full analysis of your immigration situation.
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