Colorado DMV May Communicate with ICE

Colorado is one of twelve states that allows undocumented immigrants to obtain driver’s licenses. If an individual cannot show lawful permanent residence or U.S. citizenship, that person may still be able to obtain a Colorado driver’s license using his or her Individual Taxpayer Identification Number (ITIN) issued by the IRS or showing proof of temporary lawful presence.

According to a recent report, however, Colorado is also one of a few states with policies in place to share personal information regarding a person’s immigration status with ICE. The state does not require that ICE provide a warrant for this information, but it does determine what information to provide on a case-by-case basis. ICE claims the agency only requests this information during an ongoing criminal investigation or in attempting to locate individuals who pose a national security risk, and not simply to target individuals for deportation. But the risk is something to be aware of when applying for a new license or renewing an expiring one.

Providing licenses to individuals regardless of their immigration status helps keep roads safer, and in Colorado, it is a class B traffic infraction to fail to update an address with the DMV within 30 days of moving. If you have concerns about obtaining or updating a driver’s license or concerns about potential encounters with ICE, contact our law firm to speak with an attorney. We are happy to review your case and help evaluate your options.