The Massachusetts Legislature in June 2022 overrode a veto by then-Governor Charlie Baker to enact the Work and Family Mobility Act, which provides that Massachusetts residents may be eligible to obtain a driver’s license without documentation of the driver’s lawful presence in the United States.  The law survived a referendum challenge in the fall of 2022 and will take effect on July 1, 2023.

The new law establishes two classes of driver’s licenses: the REAL ID and a regular Massachusetts driver’s license.  A REAL ID will be marked with a symbol (typically a star) in the upper right-hand corner, indicating that it is “suitable for federal identification purposes,” and the regular license will be marked that it may not be used for federal identification purposes.  The reason for the distinction is that issuance of a REAL ID requires proof of lawful presence in the United States and the regular license does not.

The REAL ID is a federal security measure enacted in 2005 to set minimum security standards for state-issued driver’s licenses and identification cards and prohibit certain federal agencies from accepting identification from states that do not meet these standards.  After pandemic-related delays, the enforcement date for REAL IDs is now May 7, 2025.

In addition to the widely known need for a REAL ID for commercial airline travel, it will also be necessary for admission to certain federal buildings.  To obtain a REAL ID, individuals are required to produce proof of their full legal name, date of birth, Social Security number, address of principal residence, and lawful status.

Compare this with the requirements for a regular driver’s license in Massachusetts.   As of July 1, to obtain a driver’s license an applicant need only present proof of their identity, date of birth, and Massachusetts residency.  They must also, of course, meet other qualifications for obtaining a license to drive such as passing a road test.

Despite the heightened requirements to obtain a REAL ID, its purpose in the I-9 process is limited to establishing identification. The I-9 form is required by the U.S. Citizenship and Immigration Services (USCIS) to ensure that all workers have provided proof of their identity and eligibility to work in the United States. Upon hire, employers must complete the I-9 by reviewing certain acceptable documents from Lists A-C to establish both the identity and employment authorization of their employees.  Employees must either present a List A document such as a passport to prove both identity and employment authorization, or they must present both a List B (e.g., a license) and a List C document (e.g., a Social Security card), respectively establishing identity and employment authorization.

Currently, a REAL ID or a regular Massachusetts license can serve as a List B document to establish identity.  However, regular Massachusetts driver’s licenses issued as of July 1 will be marked as unacceptable for federal identification purposes, which may give an employer pause when presented with the license for List B purposes.  The USCIS handbook (linked) indicates that licenses with restrictions are acceptable as proof of identity.  A California law allowing undocumented residents to obtain licenses is already in effect, and employers have been advised that licenses marked with “federal limits apply” may be used as List B documents.

As July 1 approaches, we can expect to learn more about this new form of license.

AIM members with questions about this or any other human resources matter may reach out to the AIM Employer Hotline at 800-470-6277.