Law News

Florida’s new immigration law invalidates Delaware licenses for the undocumented

When Florida’s law cracking down on illegal immigration took effect July 1, it included those holding Delaware-issued driver’s licenses for undocumented immigrants.

In accordance with Florida’s recently passed Senate Bill 1718, Delaware was one of five states listed whose driver’s licenses exclusively available to undocumented immigrants are not recognized as valid in Florida. Delaware issues unauthorized immigrants a driving privilege card. Delaware’s driving privilege card is valid only within the state. If someone presents a Delaware-issued driving privilege card during a traffic stop in Florida, they may be subject to penalties under the new law.

In addition to Delaware, four states that issue licenses to undocumented immigrant drivers that are considered “invalid” in Florida are:

  • Connecticut

  • hawaiian

  • Rhode Island

  • Vermont

More than 100 immigrants and allies peacefully protested in opposition of Senate Bill 1718 in front of the Historic Florida Capitol on Friday, June 30, 2023.

More than 100 immigrants and allies peacefully protested in opposition of Senate Bill 1718 in front of the Historic Florida Capitol on Friday, June 30, 2023.

An unauthorized immigrant is one who does not have permission from the federal government to enter or remain in the country and would not qualify for a federally compliant state driver’s license or Real ID. Real IDs were developed following the recommendation by the 9/11 Commission after terrorist attacks on the United States in 2001. Delaware adopted the standards for Real IDs and the Division of Motor Vehicles began offering secure driver’s licenses and identification cards on July 1, 2010.

Facts about Delaware’s driver privilege card

According to the Delaware Division of Motor Vehicles, a driving privilege card is considered a valid driver’s license issued for driving purposes only and not for identification. US citizens and persons with valid legal presence are not eligible for driving privilege cards.

To obtain a driving privilege card, eligible applicants must provide documents that verify their identity and show the applicant has filed Delaware taxes within two years of the application. They also must provide an individual tax number or Social Security number. They will need to bring their tax documents and appear in person at the State Bureau of Investigation where they submit fingerprints, have their photos taken and take vision and road tests.

The Delaware driving privilege card is valid for four years.

A scannable Delaware driver's license

A scannable Delaware driver’s license

Florida’s stance on illegal immigration

The Florida law, approved last month by the Florida Legislature, is considered among the toughest steps taken by any state to deter persons crossing the border illegally from arriving. Florida Gov. Ron DeSantis, a Republican presidential candidate, has been seized on immigration as an animating issue for GOP voters.

Last year, after a group of migrants who were bussed to Washington, DC, from the Texas border said they planned to settle in Miami, DeSantis gave them a warning.

“Don’t come to Florida,” he stated. “Life will not be easy for you.”

Florida Rep. Alina Garcia, R-Miami, told pastors and community activists at a public meeting that the law is “basically to scare people from coming into the state of Florida, and I think that’s done its purpose.”

Contact reporter Anitra Johnson at [email protected]. Join her on the Facebook group Delaware Voices Uplifted. Support her work and become a subscribers.

This article originally appeared on the Delaware News Journal: Florida’s immigration law invalidates Delaware’s driver privilege card