Avila v. Dep't of Motor Vehicles

No. 02CS00617 (Cal. Super. Ct. Sacramento County, filed May 2, 2002) ; Clearinghouse Number: 54838

Description

Immigrants Seek Enforcement of California Law Allowing Individuals Without Social Security Numbers to Obtain Drivers’ Licenses

Abstract

Plaintiffs have filed their complaint in this action challenging the California Department of Motor Vehicles’ (DMV’s) failure to implement Assembly Bill No. 60 of the 2001-02 legislative session, which provides that individuals without social security numbers may obtain drivers’ licenses. Under A.B. 60, if an applicant signs an affidavit under penalty of perjury attesting that he or she does not possess a social security number and submits a federal taxpayer identification number, the submission of those documents shall be acceptable to the DMV in lieu of a social security number until the applicant obtains a social security number. Plaintiffs allege that A.B. 60 addresses a critical safety issue in California because it enables immigrants who are in the process of becoming legal residents to apply for drivers’ licenses. Plaintiffs assert that, in the face of repeated calls by concerned citizens and community advocates that A.B. 60 be implemented, state officials have refused to recognize that A.B. 60 is a statute. A.B. 60 was passed by the California Assembly on September 14, 2001, and enrolled and presented to the governor on October 2, 2001. Subsequently, the Chief Clerk of the Assembly retrieved the bill from the governor’s desk and returned it to the legislature. Plaintiffs claim the Chief Clerk had no authority to recall the bill from the governor’s desk after it had been enrolled and presented. Plaintiffs assert that, because the legislature did not recall A.B. 60, and the Chief Clerk lacked the authority to recall the bill, its presentment to the governor was never withdrawn, and the bill became law 30 days after its presentment. Plaintiffs seek a writ of mandate directing the DMV to execute the provisions of A.B. 60, a declaration that A.B. 60 is the law, and permanent injunctive relief requiring the DMV to enforce the law.

Additional Information

Attorney Information
Plaintiff represented by Antonia Hernandez, Hector O. Villagra, Belinda Escobosa Helzer, Mexican American Legal Defense and Educational Fund, 634 South Spring St., 11th Floor, Los Angeles, CA 90014 (213.629.2512); Michael J. Ortiz, Rosa Fregoso, Susana Martinez, Legal Foundation of Los Angeles, East Community Office, 5228 E. Whittier Blvd., Los Angeles, CA 90022 (213.640.3883)
Docket Date
2002-05-02 00:00:00+00:00