State Sen. Scott Surovell, D-36th

Legislation allowing undocumented immigrants to possess a driver’s license advanced in the Senate Wednesday. 

Senate Bill 34, introduced by Sen. Scott Surovell, D-36th, who represents parts of Fairfax, Prince William and Stafford counties, would allow immigrants to obtain a driver’s license regardless of legal status.

The applicant must prove they don’t have a Social Security or individual taxpayer identification number and submit a certified statement that their information is true. The bill had several amendments this legislative session.

Surovell’s bill cleared the Senate Finance and Appropriations Committee Wednesday, Feb. 5, in a party-line 11-5 vote, with Democrats voting in favor of the measure and Republicans voting against it. Sen. Jill Vogel, R-27th, who represents Fauquier County, was among committee members who voted against the bill.

In an interview Wednesday, Surovell said he’s been sponsoring the bill since 2014, when he came to understand that some immigrants' lack of access to driver’s licenses is priority of his Hispanic constituents. This is the first time the bill has passed out of committee, Surovell said.

Surovell noted that the driver’s licenses obtained by undocumented immigrants under his bill would not confer voting rights.

Before the vote, state Senators heard from residents who said they can't get to their jobs or take their children to school, or doctors appointments or activities without drivers licenses, Surovell's said.

To obtain a drivers license would be "life-changing" for such residents, Surovell said.

House Bill 1211, introduced by Del. Kathy Tran, D-42nd, of Fairfax County, is an identical bill that also extends these rights to undocumented immigrants. Tran introduced a similar bill that died in subcommittee last year. If approved, the bills will go into effect Jan. 1, 2021. 

advocates for immigrant drivers licenses

An unidentified woman testifies before the Virginia Senate's Finance and Appropriations subcommittee Wednesday, Feb. 5.

Nayeli Montes said she came to the United States illegally from Mexico in 2005 for a chance at a better life. She worked 12-hour shifts at a restaurant back home earning the equivalent of $6.50 a day. Today, Montes is involved with the Virginia Coalition for Immigrant Rights, which lobbies lawmakers for immigrant rights.

Driver’s licenses can be required to obtain certain resources such as credit cards and car insurance.

Currently, 13 states, the District of Columbia and Puerto Rico provide driver’s licenses for undocumented immigrants.

VACIR believes providing driver’s licenses to undocumented immigrants will make roads safer because drivers will be educated, trained and tested. The three states that adopted these measures the earliest experienced a 30% decrease in traffic fatalities, compared to a nationwide 20 percent drop, according to The Commonwealth Institute for Fiscal Analysis, which studies issues affecting low-income residents.

The coalition said the bill will increase state revenue through vehicle registration, license plate fees and title fees. According to The Commonwealth Institute, allowing undocumented immigrants to drive would produce between $11 million and $18 million in revenue from car registration fees, title fees and license plate fees.

The institute estimates that between 124,500 and 160,800 drivers would seek Virginia licenses within the first two years if immigration status is not a factor.

Humberto Rodriguez, the owner of a painting company and an immigrant from Mexico, said he came to the U.S. for better opportunities for himself and his family. He said his son is the only person in his household who can legally drive and he would like for this privilege to be extended to all immigrants. His son is a Deferred Action for Childhood Arrivals recipient. DACA allows undocumented children who entered the U.S. before they turned 16 to work, attend college or university and obtain a driver’s license. 

“I just want to make it clear that we came here to make a living for ourselves,” Rodriguez said. “Undocumented immigrants will go out and work no matter the weather conditions and we do our work with dignity.” 

The House bill has received more support this year than last, but one representative worries it may misrepresent an immigrant’s legal status. 

Del. Terry L. Austin, R-19th, of Botetourt, said he voted against the House bill because the driver’s license that would be issued to an undocumented immigrant is identical to a citizen’s driver’s license and could misrepresent the legal status of an immigrant. 

“I think we need to be very careful with this,” Austin said. “This could misrepresent an individual’s identity and could compromise the safety in the United States.” 

Undocumented immigrants also have concerns. They worry the DMV could potentially release their information to the federal government and that they could get arrested or deported. However, both bills state that an individual’s name won’t be released unless ordered by a court. Additionally, no photograph would be released to law enforcement or federal authorities unless a name or sufficient evidence is presented; the commissioner could still decline to release the photograph. 

Tran also sponsored HB 1700, which limits the release of information such as proof documents, photographs of an individual and signatures from the DMV to government agencies. Additionally, the bill would prohibit a federal immigration law enforcement agency from accessing information stored by the DMV without a court order or warrant. A subcommittee shelved that bill Tuesday. 

The fate of HB 1211hasn’t been determined. The bill has been shuffled among House panels, with two recommendations, and is currently in an Appropriations subcommittee that meets next week.

Staff writer Jill Palermo contributed to this report.

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(7) comments


Scott Surovell. is sworn to uphold our laws.... yet he supports illegal undocumented immigrants ...I find this very concerning..... he must own part of this news program...he is your poster boy


You are a disgrace to legal and law-abiding citizens Scott Surovell.

Kevin Raymond

Another great piece of legislation...…..we really need to have the basics for all cars on the road. Anyone urging ICE to come here.....they are not welcome. We do not need a police state in PWC...….as Ormand and friends don't seem to know, our Latino neighbors are hardworking families who contribute mightily to our tax coffers, and seldom present trouble in the the kind of gun slingers in the county building!! Thank you Senator Surovell for this excellent piece of legislation!!!


So when are illegal immigrants considered constituents? I thought as our State Senator he represents the citizens of Virginia. Hmm, so what will prevent them from registering to vote? SSN, doesn't prevent them from working.


I assume these licenses will look vastly different then the one I EARNED from being a citizen. I assume they will have the exact same tests we all took as CITIZENS. I assume I and my children will no longer have to show documents that the ILLEGALS don't have to show. I assume they will not get an easier path/process then LEGAL citizens have AND since US citizenship has eligibility after 5years that these licenses are ONLY GOOD for 5 years from date of issue and cannot be reissued. Once eligible for tax paying citizenship they must become a citizen or surrender the license and all benefits. They can only get special treatment for so long


Perfect place to catch all those illegals. Have ice set up at all dmvs in va.


This guy is nuts.

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