Categories CaliforniaState Regulations and Laws

REAL ID And Domestic Travel for Green Card Holders and Undocumented Immigrants in California

1. What is REAL ID and how does it impact domestic travel for green card holders and undocumented immigrants in California?

REAL ID is a government-issued identification card that complies with federal security standards in the United States. It was implemented as a result of the REAL ID Act of 2005, aimed at increasing security measures for state-issued IDs. With regards to domestic travel for green card holders and undocumented immigrants in California, the following impact is noted:

1. Green Card Holders: Green card holders are considered legal residents of the United States and are eligible to obtain a REAL ID-compliant driver’s license or identification card in California. This allows them to use their card as a valid form of identification for domestic air travel within the United States.

2. Undocumented Immigrants: Undocumented immigrants in California are not eligible to obtain a REAL ID-compliant driver’s license or identification card due to their immigration status. However, California does offer a non-REAL ID driver’s license known as an AB 60 license, which can be used for driving purposes but not for federal purposes such as boarding domestic flights. This means that undocumented immigrants may face challenges when it comes to domestic air travel and should consider alternative forms of identification such as passports from their home country.

In summary, REAL ID has different implications for green card holders and undocumented immigrants in California when it comes to domestic travel, with green card holders being able to obtain compliant IDs while undocumented immigrants face restrictions due to their immigration status.

2. Can green card holders and undocumented immigrants in California apply for a REAL ID compliant driver’s license?

1. Green card holders in California are eligible to apply for a REAL ID compliant driver’s license. The REAL ID Act allows lawful permanent residents, commonly known as green card holders, to obtain a REAL ID compliant identification card or driver’s license. This means that they can use this form of identification to board domestic flights and enter federal facilities after the enforcement deadline. It is essential for green card holders to ensure that they have this form of identification, as other forms, such as a standard driver’s license, may no longer be accepted for these purposes.

2. Undocumented immigrants in California are not eligible to apply for a REAL ID compliant driver’s license. Currently, the REAL ID Act restricts the issuance of REAL ID compliant identification to individuals who can provide proof of lawful presence in the United States. Undocumented immigrants do not have this status and, therefore, cannot obtain a REAL ID compliant driver’s license. However, some states, including California, offer alternative forms of driver’s licenses or identification cards for undocumented immigrants, such as AB 60 licenses, which are not REAL ID compliant but serve as a valid form of identification for driving purposes within the state.

3. Are there any exceptions or special provisions for green card holders and undocumented immigrants to obtain a REAL ID in California?

In California, green card holders are eligible to obtain a REAL ID if they provide the required documentation to prove their legal presence in the United States. Undocumented immigrants, however, are not eligible to apply for a REAL ID in California. There are no exceptions or special provisions for undocumented immigrants to obtain a REAL ID in the state. It is important for green card holders to follow the specific guidelines and provide the necessary documents to obtain a REAL ID, as it is a requirement for domestic air travel and access to federal facilities starting October 2023. Undocumented immigrants should explore other forms of identification that are acceptable for various purposes, such as a state-issued driver’s license for driving purposes.

4. What documents are required for green card holders and undocumented immigrants to apply for a REAL ID in California?

1. Green card holders and undocumented immigrants in California need to provide specific documentation in order to apply for a REAL ID. For both groups, a key document required is their valid passport from their home country, even though the applicant may not be a U.S. citizen. Additionally, they must provide their current proof of residency, such as a utility bill or rental agreement, to prove they are California residents. Their current Employment Authorization Document (EAD) or a social security card can also serve as forms of identification.

2. In the case of green card holders, they must present their permanent resident card (green card) as primary identification. Alternatively, undocumented immigrants can provide their Consular ID card, issued by their consulate, as primary identification. It is important to note that both green card holders and undocumented immigrants must also provide proof of their Social Security Number when applying for a REAL ID in California.

3. In addition to the aforementioned documents, green card holders and undocumented immigrants in California may need to provide additional documentation based on their specific circumstances. It is recommended to check the California Department of Motor Vehicles (DMV) website for the most up-to-date and detailed information on the specific requirements for REAL ID applications for these groups. It is crucial to ensure all required documents are in order before visiting the DMV to apply for a REAL ID.

5. Can a green card holder or undocumented immigrant use their foreign passport as identification for domestic travel in California?

1. Green card holders can use their foreign passport as a form of identification for domestic travel within the United States, including California. However, it is highly recommended that they also carry their green card to prove their lawful permanent resident status in case they are asked for it by airline staff or Transportation Security Administration (TSA) agents.

2. Undocumented immigrants, on the other hand, face more restrictions when it comes to domestic travel. While they can technically use a foreign passport for identification purposes, there is a risk of facing questions about their immigration status, especially in states with stricter immigration enforcement policies like California. It is essential for undocumented immigrants to weigh the potential risks before deciding to use their foreign passport for domestic travel.

Overall, green card holders have more stability and legal protection when using a foreign passport for domestic travel compared to undocumented immigrants. However, both groups should exercise caution and be aware of the potential consequences when utilizing a foreign passport as identification.

6. Will a non-REAL ID compliant driver’s license be accepted for domestic travel in California for green card holders and undocumented immigrants?

1. A non-REAL ID compliant driver’s license will not be accepted for domestic air travel in California for green card holders and undocumented immigrants starting May 3, 2023. The REAL ID Act, passed by Congress in 2005, established minimum security standards for state-issued driver’s licenses and identification cards for federal purposes, such as boarding a domestic flight and entering certain federal facilities. Without a REAL ID-compliant license, individuals will need to present an alternative form of acceptable identification, such as a valid passport, permanent resident card (green card), or Trusted Traveler Program card.

2. It is crucial for green card holders and undocumented immigrants in California to prepare for this change by obtaining a REAL ID-compliant driver’s license or ensuring they have an acceptable form of identification for domestic air travel. Failure to have the proper identification could result in being unable to board a flight, causing significant disruptions to travel plans. It is advisable to check with the Department of Homeland Security or the California Department of Motor Vehicles for the most up-to-date information and requirements regarding REAL ID compliance for domestic travel.

7. How can green card holders and undocumented immigrants ensure they have the correct ID for domestic air travel in California?

Green card holders and undocumented immigrants in California can ensure they have the correct ID for domestic air travel by following these steps:

1. Understand the REAL ID Act: Familiarize yourself with the requirements of the REAL ID Act, which mandates specific identification standards for domestic air travel. Make sure to check the Department of Homeland Security’s website for the most up-to-date information on acceptable IDs.

2. Obtain a REAL ID-compliant driver’s license or identification card: If you are a green card holder, you can apply for a REAL ID-compliant driver’s license or state identification card at the California Department of Motor Vehicles (DMV). Undocumented immigrants can also apply for a California state-issued driver’s license, known as an AB 60 license, which may be used for some domestic flights.

3. Apply for a passport: Another acceptable form of identification for domestic air travel is a valid U.S. passport. Green card holders and undocumented immigrants can apply for a passport at a U.S. passport agency or through the mail.

4. Carry your immigration documents: Green card holders should always carry their Permanent Resident Card (Green Card) when traveling domestically. Undocumented immigrants should carry any relevant immigration documents, such as a foreign passport with a valid visa.

5. Check for any state-specific requirements: Some states may have additional ID requirements for domestic air travel. Be sure to check if California has any state-specific regulations that apply to green card holders and undocumented immigrants.

By following these steps and ensuring you have the appropriate identification documents, green card holders and undocumented immigrants can help ensure a smooth and hassle-free experience when traveling domestically in California.

8. What are the potential consequences for green card holders and undocumented immigrants who do not have a REAL ID compliant form of identification for domestic travel in California?

1. Green card holders and undocumented immigrants who do not possess a REAL ID compliant form of identification may face several potential consequences when it comes to domestic travel in California:

2. Denial of Boarding: Transportation Security Administration (TSA) regulations require individuals to present a REAL ID-compliant document in order to board a domestic flight within the United States. Without a REAL ID, individuals may be denied boarding at the airport, resulting in missed flights and potential complications in travel plans.

3. Inconvenience and Delays: Even if individuals manage to board a flight with alternative forms of identification, such as a valid passport, they may experience delays and extra scrutiny at security checkpoints. Non-REAL ID forms of identification can lead to additional screening measures and potential delays during the boarding process.

4. Legal Complications: While having a non-compliant form of identification may not directly result in legal repercussions, it can draw attention to an individual’s immigration status. For undocumented immigrants, this could potentially lead to interactions with immigration authorities and increased risk of deportation.

5. Difficulties in Various Situations: Beyond air travel, not having a REAL ID compliant form of identification can also create difficulties in other situations where identification is required, such as entering federal buildings or conducting certain financial transactions.

In conclusion, the potential consequences for green card holders and undocumented immigrants who do not have a REAL ID compliant form of identification for domestic travel in California include denial of boarding, inconvenience, and delays, as well as possible legal complications and difficulties in various situations where identification is necessary. It is essential for individuals in these categories to ensure they have the appropriate identification documents to avoid such issues while traveling domestically.

9. Are there any resources or support available for green card holders and undocumented immigrants in California who need assistance obtaining a REAL ID for domestic travel?

Yes, there are resources and support available for green card holders and undocumented immigrants in California who need assistance obtaining a REAL ID for domestic travel. Here are some options to consider:

1. Visit the California Department of Motor Vehicles (DMV) website: The DMV provides detailed information on the REAL ID requirements and the documents needed to apply for one. They also have a list of DMV field offices where you can schedule an appointment and get assistance with the application process.

2. Community organizations and advocacy groups: There are numerous organizations in California that provide support and assistance to immigrants, including help with navigating the REAL ID application process. Some examples include the Coalition for Humane Immigrant Rights (CHIRLA) and the California Immigrant Policy Center.

3. Legal aid services: Immigrant legal aid organizations may offer assistance with obtaining the necessary documentation for a REAL ID and navigating the application process. They can also provide guidance on any legal implications related to immigration status.

4. Local government resources: Some cities and counties in California may offer assistance programs for immigrants seeking to obtain a REAL ID. It’s worth checking with your local government offices to see if there are any resources available in your area.

Overall, it’s important for green card holders and undocumented immigrants in California to seek out these resources and support networks to ensure they have the necessary documentation for domestic travel with a REAL ID.

10. Can a green card holder or undocumented immigrant use a consular identification card for domestic travel in California?

Green card holders and undocumented immigrants cannot use a consular identification card for domestic travel within the United States, including California. A consular identification card, also known as a matrícula consular, is issued by foreign consulates to their nationals residing abroad to help them identify themselves in a foreign country. However, it is not a recognized form of identification for domestic travel within the United States. Green card holders and undocumented immigrants are required to present a valid government-issued photo ID, such as a driver’s license or state ID, or a passport for domestic air travel or other forms of identification for travel within the country. Using a consular identification card for domestic travel would not be accepted by transportation security authorities and could lead to complications or denial of boarding.

11. Can a green card holder or undocumented immigrant use a Social Security card for domestic travel in California?

1. Green card holders and undocumented immigrants cannot use a Social Security card as a form of identification for domestic travel in California. The Transportation Security Administration (TSA) requires travelers to present a valid government-issued photo ID, such as a driver’s license, state ID card, passport, or a Permanent Resident Card (Green Card), for security screening at airport checkpoints. A Social Security card is not considered an acceptable form of identification for air travel within the United States.

2. Green card holders are advised to carry their Permanent Resident Card with them when traveling domestically to avoid any complications or delays at airport security checkpoints. Undocumented immigrants, on the other hand, do not have access to government-issued IDs, making it difficult for them to meet TSA requirements for air travel. It is crucial for undocumented immigrants to understand their limitations in domestic travel and explore alternative transportation options that do not require official identification.

Overall, it is essential for all travelers, including green card holders and undocumented immigrants, to familiarize themselves with TSA guidelines and have the appropriate identification documents on hand when flying within the United States to ensure a smooth and hassle-free travel experience.

12. Will a green card be accepted as a form of identification for domestic travel in California?

Yes, a green card (Form I-551, also known as a Permanent Resident Card) is typically accepted as a form of identification for domestic travel within the United States, including in California. When traveling domestically, a green card holder will need to present their green card at airport security checkpoints along with any other required documentation, such as a boarding pass. It is important for green card holders to carry their green card with them when traveling domestically to ensure smooth passage through security checkpoints. Additionally, some airlines may require green card holders to present their green card at the time of check-in to verify their identity.

13. Can an undocumented immigrant use a valid foreign driver’s license for domestic travel in California?

No, undocumented immigrants cannot use a valid foreign driver’s license for domestic travel in California. In order to board a commercial aircraft for domestic travel within the United States, individuals are required to show a form of identification that complies with the federal REAL ID Act. This Act establishes minimum security standards for state-issued identification documents, including driver’s licenses. Foreign driver’s licenses do not meet these standards, and as such, undocumented immigrants would not be able to use them for domestic air travel within the country. Green card holders, on the other hand, can use their permanent resident card (Green Card) as a valid form of identification for domestic air travel.

14. Are there any upcoming changes or updates to REAL ID requirements that green card holders and undocumented immigrants in California should be aware of?

As of now, there are no upcoming changes or updates to REAL ID requirements specifically for green card holders and undocumented immigrants in California. However, it is important for both groups to stay informed and up-to-date on any potential changes that may affect their ability to travel domestically. It is recommended that green card holders and undocumented immigrants ensure they have valid identification documents, such as a passport or state-issued ID, when traveling within the United States. Additionally, staying informed about any updates to REAL ID requirements in California through official government websites and resources can help individuals in these groups navigate any potential changes smoothly.

15. Can a green card holder or undocumented immigrant use a work permit (Employment Authorization Document) as identification for domestic travel in California?

1. In California, both green card holders and undocumented immigrants can use a work permit, also known as an Employment Authorization Document (EAD), as a form of identification for domestic travel within the state.
2. The Transportation Security Administration (TSA) accepts a variety of documents for identification purposes at airport security checkpoints, and a valid EAD is one of the acceptable forms of identification.
3. When using an EAD for domestic air travel within California or across the United States, it is important to ensure that the document is current and not expired.
4. Green card holders are lawfully present in the United States and are eligible to apply for and receive work permits along with their permanent residency status.
5. Undocumented immigrants who have been granted permission to work in the U.S. through Deferred Action for Childhood Arrivals (DACA) or other forms of relief may also possess a valid EAD.
6. It is recommended to check with the airline or TSA for the most up-to-date information on acceptable forms of identification before traveling.

16. Can a green card holder or undocumented immigrant use a birth certificate for domestic travel in California?

1. Green card holders and undocumented immigrants cannot use a birth certificate as a standalone form of identification for domestic travel in California. The Transportation Security Administration (TSA) requires a valid government-issued photo ID for all passengers over the age of 18 to pass through security checkpoints at airports, regardless of immigration status. The most commonly accepted forms of identification for domestic travel include a state-issued driver’s license, a U.S. passport, a permanent resident card (green card), or a foreign government-issued passport with a valid U.S. visa.

2. While a birth certificate may be used as a supplementary form of identification in certain situations, it is not sufficient on its own to pass through TSA security screenings. Green card holders and undocumented immigrants should ensure they have the appropriate identification documents before traveling domestically to avoid any issues or delays at the airport. It is advisable for individuals to check the TSA website or contact their airline for the most up-to-date identification requirements before their trip.

17. Are there specific guidelines for green card holders and undocumented immigrants in California regarding the expiration date of their identification for domestic travel?

Yes, green card holders and undocumented immigrants in California must be aware of specific guidelines regarding the expiration date of their identification for domestic travel. Here are some key points to consider:

1. Green Card Holders: Green card holders, also known as lawful permanent residents, must have a valid Permanent Resident Card (Green Card) in order to travel domestically within the United States. It is important to ensure that the Green Card has not expired before making any travel arrangements. The Transportation Security Administration (TSA) accepts a valid Green Card as a form of identification for domestic flights.

2. Undocumented Immigrants: Undocumented immigrants face challenges when it comes to identification for domestic travel. They may not possess a valid government-issued ID, including a driver’s license or passport. In such cases, undocumented immigrants may need to explore alternative forms of identification accepted by TSA, such as foreign government-issued passports or consular IDs. Additionally, some states, including California, offer special driver’s licenses for undocumented immigrants that may also be accepted for domestic travel.

It is crucial for both green card holders and undocumented immigrants to stay informed about the specific requirements and guidelines regarding identification for domestic travel, especially in light of the REAL ID Act requirements for enhanced security standards. Travelers should always check with TSA or the airline they are flying with to ensure they have the necessary identification documents before heading to the airport.

18. What should green card holders and undocumented immigrants do if they encounter any issues or challenges related to REAL ID and domestic travel in California?

Green card holders and undocumented immigrants in California encountering issues or challenges related to REAL ID and domestic travel should take the following steps:

1. Contact the Department of Motor Vehicles (DMV) for assistance: The DMV can provide guidance on the REAL ID application process for green card holders and offer information on alternative forms of identification for undocumented immigrants.

2. Seek assistance from a legal representative: It is crucial for both green card holders and undocumented immigrants to seek legal advice from an immigration attorney who specializes in issues related to REAL ID and domestic travel. They can provide personalized guidance and assistance based on individual circumstances.

3. Contact advocacy organizations: There are many immigration advocacy organizations in California that offer support and resources for green card holders and undocumented immigrants facing challenges with REAL ID compliance. These organizations can provide information on rights, resources, and potential solutions to navigate the situation effectively.

4. Stay informed: Both green card holders and undocumented immigrants should stay updated on any changes to REAL ID requirements and domestic travel regulations in California. This can help them proactively address any issues that may arise and ensure compliance with the law.

By taking these proactive steps, green card holders and undocumented immigrants can navigate any challenges related to REAL ID and domestic travel in California effectively and protect their rights and interests.

19. Are there any restrictions on green card holders and undocumented immigrants traveling domestically within California without a REAL ID compliant form of identification?

1. As of October 1, 2020, all travelers, regardless of their immigration status, are required to present a REAL ID compliant form of identification to board a domestic flight within the United States, including flights within California. Green card holders and undocumented immigrants are not exempt from this requirement. Failure to present a REAL ID compliant form of identification, such as a state-issued driver’s license or identification card with the REAL ID designation, may result in denial of boarding.

2. Green card holders have the option to present their Permanent Resident Card (commonly known as a green card) as an alternative to a REAL ID compliant form of identification for domestic air travel. However, it is highly encouraged for green card holders to obtain a REAL ID compliant form of identification to ensure hassle-free travel within the United States.

3. Undocumented immigrants may face greater challenges when it comes to traveling domestically within California without a REAL ID compliant form of identification. As undocumented immigrants are not eligible to apply for a REAL ID compliant driver’s license or identification card, they may need to explore alternative forms of identification, such as a valid foreign passport, consular identification card, or other documents accepted by the Transportation Security Administration (TSA) for air travel.

In summary, both green card holders and undocumented immigrants are subject to the REAL ID requirements when traveling domestically within California. It is essential for travelers to ensure they have the appropriate identification documents to avoid any disruptions or issues during their journey.

20. How does the process of obtaining a REAL ID differ for green card holders and undocumented immigrants in California compared to U.S. citizens?

1. The process of obtaining a REAL ID differs for green card holders and undocumented immigrants in California compared to U.S. citizens due to the specific documentation requirements mandated by the Department of Homeland Security. While U.S. citizens can typically present a valid U.S. passport, birth certificate, or social security card to obtain a REAL ID, green card holders must provide their unexpired permanent resident card (green card) as well as additional proof of residency. Undocumented immigrants face even greater challenges, as they are generally ineligible for a REAL ID since they lack the necessary legal status in the country.
2. Additionally, green card holders and undocumented immigrants may face different levels of scrutiny and potential delays in the application process. Green card holders may need to provide more extensive documentation to prove their lawful status, while undocumented immigrants may risk exposing their immigration status by attempting to apply for a REAL ID.
3. It is essential for green card holders and undocumented immigrants to seek guidance from immigration experts or legal professionals to navigate the complexities of obtaining a REAL ID in California. They should be aware of their rights and limitations within the current legal framework to ensure compliance with state and federal regulations.