This is the second in a series from the perspective of an Aurora criminal defense lawyer about the good and bad aspects of the drivers’ license program here in Colorado for undocumented foreign nationals, otherwise known as SB-251.
About four years ago, the Colorado state legislature enacted Senate Bill 251 in order to provide a driving privilege for undocumented drivers who could show that they have had continuous presence here in Colorado for at least two years and who have paid income tax in this State for at least two years.
Specifically, in order to qualify for the program, one needs to show that they have:  (1) a federal ITIN (international taxpayer identification number),  (2) filed income tax returns here in the State of Colorado for the past two most recent years, and (3) proof of continuous physical presence in this State in the form of rent receipts, telephone bills, etc. to show that the person has lived here.
The SB-251 licenses are easily discernable from other licenses because the document (the license itself) has a black mark across it which identifies it as a license issued under the program.  This is apparently done so that potential employers will not use the document as proof of residency for I-9 purposes, but most people who have one of these licenses fear that the demarcation gives away a person’s immigration status.  In the next post, I will discuss this idea in more detail.
Eduardo Ferszt, Aurora CO traffic lawyer