(a) The department shall not issue an original driver‘s license or identification card, or a renewal, duplicate, or replacement driver’s license or identification card to any person for whom the department has received notice from the United States Department of Homeland Security that the person has been determined and found by the United States Department of Homeland Security to be a deported person under Section 1252 of Title 8 of the United States Code.

(b) (1) The department shall cancel any driver’s license or identification card issued to any person identified as specified in subdivision (a).

Terms Used In California Vehicle Code 12801.7

  • Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Vehicle Code 290
  • driver: is a person who drives or is in actual physical control of a vehicle. See California Vehicle Code 305
  • Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Vehicle Code 470

(2) The cancellation shall become effective on the 30th day after the date the cancellation notice is mailed to the person, except as authorized under paragraph (3).

(3) The person may request a review of the intended cancellation during the 30-day period specified in paragraph (2) and, if proof is provided to show the person is legally present in the United States as authorized under federal law, the department shall rescind the cancellation.

(4) The cancellation notice shall be mailed to the person’s last known address.

(c) The department shall require an applicant for a driver’s license whose license was canceled under this section to submit satisfactory proof that the applicant’s presence in the United States is authorized under federal law.

(d) This section shall become operative on, and apply only to persons determined and found to be a deported person who is not a citizen or national of the United States after, July 1, 1997.

(Amended by Stats. 2021, Ch. 296, Sec. 61. (AB 1096) Effective January 1, 2022.)

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