Question 4 - Eligibility for Driver's Licenses

Summary

This law allows Massachusetts residents who cannot provide proof of lawful presence in the United States to obtain a standard driver's license or learner's permit if they meet all the other qualifications for a standard license or learner's permit, including a road test and insurance, and provide proof of their identity, date of birth, and residency. The law provides that, when processing an application for such a license or learner's permit or motor vehicle registration, the registrar of motor vehicles may not ask about or create a record of the citizenship or immigration status of the applicant, except as otherwise required by law. This law does not allow people who cannot provide proof of lawful presence in the United States to obtain a REAL ID. To prove identity and date of birth, the law requires an applicant to present at least two documents, one from each of the following categories: (1) a valid unexpired foreign passport or a valid unexpired Consular Identification document; and (2) a valid unexpired driver's license from any United States state or territory, an original or certified copy of a birth certificate, a valid unexpired foreign national identification card, a valid unexpired foreign driver's license, or a marriage certificate or divorce decree issued by any state or territory of the United States. One of the documents presented by an applicant must include a photograph and one must include a date of birth. Any documents not in English must be accompanied by a certified translation. The registrar may review any documents issued by another country to determine whether they may be used as proof of identity or date of birth. The law requires that applicants for a driver's license or learner's permit shall attest, under the pains and penalties of perjury, that their license has not been suspended or revoked in any other state, country, or jurisdiction. The law specifies that information provided by or relating to any applicant or license-holder will not be a public record and shall not be disclosed, except as required by federal law or as authorized by Attorney General regulations, and except for purposes of motor vehicle insurance. The law directs the registrar of motor vehicles to make regulations regarding the documents required of United States citizens and others who provide proof of lawful presence with their license application. The law also requires the registrar and the Secretary of the Commonwealth to establish procedures and regulations to ensure that an applicant for a standard driver's license or learner's permit who does not provide proof of lawful presence will not be automatically registered to vote. The law takes effect on July 1, 2023.

A "yes" vote would keep in place the law, which would allow Massachusetts residents who cannot provide proof of lawful presence in the United States to obtain a driver's license or permit if they meet the other requirements for doing so.

A "no" vote would repeal this law.

Arguments

"A broad coalition of law enforcement leaders, advocates and legislators came together to create this common sense law that will help make everyone safer on the roads. The Work and Family Mobility Act will mean that all drivers – regardless of immigration status – would follow the same rules of the road, pass the same road test, and possess the same insurance requirements. While it's disappointing that partisan forces are seeking to overturn this law and put public safety at risk to score cheap political points, our broad coalition is ready for the debate and campaign ahead. MIRA is proud to stand with police chiefs, district attorneys, and advocacy organizations who support this law and we are confident that the voters of Massachusetts will support the policy in November." - Elizabeth Sweet, Director of the Massachusetts Immigrant and Refugee Advocacy (MIRA) Coalition, in support of Question 4 (Learn more)

"Voting #YESon4 ensures that immigrants, no matter their status, can legally make essential trips like dropping their children off at school and getting to work, medical appointments, or the grocery store. Voting #YESon4 will ensure that Massachusetts joins the 17 other states that have already successfully passed and implemented similar laws and saw declines in hit-and-run crashes and uninsured drivers." - Yes on 4 Campaign, in support of Question 4 (Learn more)

"I do not think that we should be rewarding people for being in the country illegally. I think the RMV [Registry of Motor Vehicles] is not equipped to properly vet people coming to the United States from over 100 different countries." - Maureen Maloney, bill sponsor, in opposition to Question 4 (Learn more)

"There is a series of amendments that were offered by Democrats and Republicans to make some of the concerns that I had about the difficulty associated with mashing together the implementation of the voting piece with the driver's license piece workable for town clerks, and for the Registry, and for the secretary of state the Legislature chose not to take up. My vote at the end of the day will be repeal." - Governor Charlie Baker, in opposition to Question 4 (Learn more)

Measure Details