Undocumented Individuals Applying for Colorado Driver’s Licenses under the Colorado Road and Community Safety Act (SB-251) Advised to Seek Legal Advice Prior to Applying with Department of Motor Vehicles

Starting August 1, 2014, pursuant to the Colorado Road and Community Safety Act (CRCSA) (SB13-251), Colorado residents who are in the United States without lawful immigration status will be eligible to receive a Colorado Driver’s License, Instruction Permit or State Identification Card.  

While this is a positive development for many individuals without lawful immigration status in the United States, those interested in applying for a Colorado State identification document under this new law are advised to consult with legal counsel prior to applying for a license.

Regulations on the implementation of SB 13-251 have not yet been published and are unlikely to be published at the time the law goes into effect.  Therefore, the process under which the DMV will consider and adjudicate applications submitted under SB 13-251 remains unclear.  

Until specific regulations are implemented, all applicants should be aware that the Department of Motor Vehicles (DMV) is likely to investigate Applicants applying for state identification documents under this new law.  Where the DMV discovers evidence of prior use of a false or fabricated social security number or identification document to apply for an identification document in the past, the DMV may refer these individuals for criminal prosecution in state criminal courts.  

Therefore, individuals who have applied for or received any state identification document to which they were not legally entitled, are strongly advised to consult with an attorney before applying for Colorado State identification document under this new law.

The basic requirements for a state identification document under SB-13-251 are set forth below.  

Individuals considering applying for a Colorado state identification document under the new law should begin gathering the documents listed below. However, as indicated above, individuals are advised to consult with legal counsel prior to submitting any application for a state identification document under SB 13-251.

In order to receive a Colorado Driver’s License, Instruction Permit or Identification Card under CRCSA, all Applicants must:
1) Present a valid passport, consular identification card, or military identification card from their country of origin;
2) Present a validly issued U.S. Individual Taxpayer Identification Number (ITIN);
3) Document name, age and identity; and
4) Sign an affidavit that the individual either has applied for lawful status in the United States or will apply as soon as he or she is eligible for lawful status.

Additionally, all applicants must prove residence in the state of Colorado.  Applicants must demonstrate one of the following:
1) Current Colorado residence & filing of Colorado State income tax return for the tax year immediately preceding application;
Or
2) Continuous Colorado residence for the past 24 months.
In both cases, the Applicant must sign a sworn affidavit regarding their length of residence in the United States and provide documentation proving the requisite length of Colorado residence. Acceptable documents proving residence include but are not limited to: recently issued utility bills, credit card statement, paystubs, rent receipts or bank statements.

Licenses issued under this program will be valid for a period of three (3) years and will not be valid for federal identification purposes.

Please contact Kolko & Associates, P.C. for more information on the on-going developments regarding the implementation of the new Colorado Driver’s License policy.