House Passes Bill to Bring Drivers Under Same Licensing Standards

BOSTON – Representative David P. Linsky (D-Natick), joined his colleagues in the Massachusetts House of Representatives in passing H.4461, An Act relative to work and family mobility by a vote of 120-36. The bill enables all Massachusetts residents to apply for a standard MA driver’s license regardless of immigration status. Massachusetts would be the 17th state to enact this policy, joining sixteen other states, the District of Columbia, and Puerto Rico.

Under this legislation, the Massachusetts Registry of Motor Vehicles (RMV) will not inquire about immigration status when processing an application for a Massachusetts driver’s license or registration, solely basing the issuance of driver’s licenses to residents who provide required documents to prove their identity, pass the corresponding driver tests, and meet all other eligibility criteria.

To apply for a standard driver’s license, applicants will need to provide at least two documents to prove their identity and date of birth. All documents written in a foreign language must be accompanied by a certified translation to English:

• Document #1: valid unexpired foreign passport or valid unexpired consular ID
• Document #2: valid US driver's license, birth certificate, valid foreign national ID card, valid foreign driver’s license, or a marriage certificate or divorce decree

Residents who cannot prove lawful presence in the United States would remain ineligible for a "REAL ID” which requires documentation of U.S. citizenship or lawful status as a matter of federal law. To protect applicants’ privacy, the legislation also prohibits the RMV from disclosing any information about applicants for and holders of a standard driver’s license except as authorized by regulations promulgated by the Attorney General.

“I was proud to join my colleagues in passing House Bill 4461. This bill will benefit public safety in the Commonwealth by ensuring more drivers on the roads are properly trained, tested, and insured” said Representative Linsky. “I want to thank Speaker Mariano, Representatives Farley-Bouvier and Barber, along with the rest of my colleagues for their hard work making our roads safer for everyone.”

Effects on Public Safety

This bill has been endorsed by numerous law enforcement personnel and agencies as ultimately it will make the job of police officers easier by more easily identifying people at traffic stops. It will alleviate the time it typically takes to investigate authenticity, allowing them more time to focus on other duties. Additionally, H.4461 decreases the rates of uninsured drivers, meaning accident costs will be split between drivers rather than falling solely on the insured driver. States saw decreases in hit and run incidents after passing similar bills (California by 10% and Connecticut by 9%). With more drivers on the road with insurance, this will bring down the cost of auto insurance for all drivers.

Economic Effects

Immigrants are a critical component of our state’s workforce. Implementing policies that help immigrants without status access the workforce and acquire better jobs, will help boost the state’s economy. Allowing individuals to get to work safely and reliably reduces staffing shortages and the strain on employers and workplaces. Additionally, newly licensed Massachusetts drivers would generate about $5 million in initial fee revenue for the state within the initial three years for licenses, inspections, and other services.

Impact on Public Health

COVID-19 increases the urgency for passing this legislation. Without access to driver’s licenses, immigrants without status are at increased risk of contracting the virus while taking public transit or carpooling with others while going to work. A driver’s license would provide all residents, regardless of immigration status, more reliable access to healthcare and health services, including COVID-19 vaccinations and testing. With the health of our whole community at risk, it is essential that everyone has access to medical care.

Racial Equity

Offering driver’s licenses to immigrants without status is one step toward racial equity in Massachusetts. Obtaining a driver’s license greatly increases one’s ability to integrate into communities. With the majority of Massachusetts’ undocumented population (78%) being people of color, granting licenses to eligible drivers will allow individuals to improve their family's financial stability. The ability to obtain a driver’s license increases trust in public institutions, and as a result, individuals are more likely to report crimes such as domestic violence incidents.

The bill now goes before the Senate for consideration.

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