A Tale of Two Standards: When Citizens Are Denied What Illegals Receive
By Bill Conley
Introduction
Something is deeply broken in
America when a U.S. citizen, born in Washington State, is refused a driver’s
license in her home state — while undocumented immigrants can obtain one with
relative ease. This is not a hypothetical story; it’s the lived experience of a
young woman who followed every rule, gathered every document required, and
stood patiently before a Washington Department of Licensing (DOL) employee,
only to be told she must travel back to California to get a driver’s license
there before being allowed to receive one in Washington.
Think about the absurdity of that.
This young woman, a lawful American citizen, presented her birth
certificate, Social Security card, school ID, lease
agreement, utility bill, and several photo IDs, each
confirming her identity and residency in Washington. She even had a digital
copy of her prior California driver’s license stored in her Apple Wallet,
showing she was a licensed driver in good standing. Yet the DOL clerk insisted
she could not be issued a Washington license unless she returned to California
to replace her stolen one.
Here’s the problem: she cannot drive
to California because she no longer has a valid license, and she cannot fly
because the Transportation Security Administration (TSA) requires a
government-issued photo ID to board a plane. The state essentially trapped her
in an impossible situation, a bureaucratic no-man’s land.
Meanwhile, Washington State allows undocumented
immigrants to obtain driver’s licenses by proving only identity and
residency, no citizenship or lawful presence required. Under RCW 46.20.035
and the DOL’s own policy, a person without immigration status can present a
foreign passport, consular card, or birth certificate and receive a Standard
Driver License marked “Federal Limits Apply.”
So let’s be clear: a non-citizen
without legal status can get a driver’s license in Washington. Yet a U.S.
citizen, with every piece of documentation imaginable, cannot.
This is not equality. It’s a failure
of reason, and a violation of both the letter and spirit of Washington law. The
following sections detail exactly what Washington’s statutes say, the policies
that govern these situations, and why this denial is not only illogical — it’s
unlawful.
1.
Washington Law for Undocumented Immigrants
Washington State is one of a handful
of states that issues Standard Driver Licenses to individuals who cannot
prove lawful presence in the United States. This policy dates back to House
Bill 1444 (1993) and continues today under RCW 46.20.035, which
defines requirements for proof of identity and residence when applying for a
license.
According to the Washington State
Department of Licensing:
“You do not need to prove
U.S. citizenship or lawful presence to get a standard driver's license or ID
card.”
Source: Washington State DOL, Standard Driver's License
Applicants may use alternative
documents to establish identity and residence, such as:
- Foreign passport or consular ID card
- Foreign birth certificate
- Rental or lease agreement
- Utility bill showing Washington address
Once verified, they are issued a Standard
Driver License, which explicitly states “Federal Limits Apply,” meaning it cannot be used for air travel or federal identification.
The DOL further confirms:
“Standard driver licenses and IDs
are available to all Washington residents, regardless of citizenship or
immigration status.”
Source: DOL Standard License Information
So while undocumented residents have
been given a clear, accessible path to licensing, citizens moving between U.S.
states are being forced into unnecessary bureaucratic roadblocks, precisely
the opposite of what fair governance should look like.
2.
Washington Law for New Residents (U.S. Citizens Moving from Another State)
Now, let’s examine what Washington
law actually says about citizens relocating from other states the situation
your daughter is in.
The law is direct and unambiguous:
“New residents must obtain a
Washington driver's license within thirty days after becoming residents.”
Source: RCW 46.20.021(1)
The related administrative
regulation adds:
“Every person who establishes
residency in this state shall apply for a driver's license within thirty days.”
Source: WAC 308-104-040
Nowhere in the statute or code does
it require the applicant to first return to their former state to replace a
stolen license.
The DOL’s own website clearly
states:
“You can get a Washington driver's
license once you move here. Bring proof of identity and proof of Washington
residence. If you have an out-of-state license, you’ll surrender it when
applying.”
Source: DOL – Moving to Washington
If the previous license has been lost
or stolen, the DOL provides a separate procedure for replacement.
Applicants may still receive a new Washington license using acceptable forms of
identity and residency documentation. These may include:
- Birth certificate
- Social Security card
- Passport or school ID with photo
- Lease or utility bill showing current Washington
address
Legal Basis:
Under RCW 46.20.035(1), a person applying for a driver’s license must
provide “satisfactory proof of identity” as determined by the Department. The
same statute authorizes the Department to accept alternative forms of
identification if the standard document is unavailable.
In short, the DOL clerk’s statement
that your daughter must “go back to California first” has no foundation in
state law. It directly violates both the statutory intent and DOL’s own
published procedures.
3.
The Double Standard in Plain View
The hypocrisy is undeniable:
- An undocumented immigrant can walk into a
Washington DOL office with foreign identification and walk out with a driver’s
license.
- A U.S. citizen born in Washington, carrying a
birth certificate, Social Security card, lease, utility bill, and multiple
photo IDs, is turned away and told to cross state lines for validation.
That is not policy. That is
discrimination through ignorance and bureaucracy.
The issue stems not from the law
itself, but from how it is misapplied by uninformed DOL employees who fail to
understand the difference between:
- A Standard Driver's License, which requires no
proof of citizenship, and
- An Enhanced Driver License (EDL) or REAL ID,
which does require citizenship or lawful presence.
If your daughter requested a standard
license, the clerk’s denial was unlawful under RCW 46.20.035. The
law only requires “satisfactory proof of identity” and “proof of Washington
residency,” both of which she had.
Conclusion
The entire premise of American
equality before the law is that every citizen is treated fairly, without bias
or bureaucratic obstruction. Yet in Washington State, that promise has been
fractured.
What happened to this young woman, a U.S. citizen with complete documentation, is more than a clerical error. It
is a symptom of a system that bends backward to accommodate the undocumented
while tangling its own citizens in red tape. Washington’s Department of
Licensing has created an environment where it is easier for an undocumented
immigrant to obtain a driver’s license than for a lawful resident who has
complied with every requirement.
The law is not ambiguous. RCW
46.20.021 and WAC 308-104-040 establish her right to apply for a
driver’s license within 30 days of moving to Washington. The DOL’s own guidance
confirms that applicants must only prove identity and residence, not possess
an active license from another state. The employee’s demand that she first
return to California to reissue a stolen license has no basis in law, logic, or
fairness.
The state’s own policies for
undocumented applicants make the injustice even clearer. By waiving proof-of-citizenship
requirements for non-citizens, the DOL has intentionally prioritized
accessibility, but in doing so, it cannot lawfully deny that same
accessibility to citizens.
To deny a Washington-born American
woman the ability to obtain a license in her own home state while freely
granting them to those without legal presence is an affront to justice, reason,
and equality. It exposes a dangerous imbalance: where compassion toward one
group has morphed into negligence toward another.
The fix is simple. Washington’s DOL
must retrain its licensing employees, reinforce statutory compliance, and issue
corrective guidance ensuring that every citizen who provides acceptable proof
of identity and residency is immediately eligible for a Standard Driver
License under RCW 46.20.035.
Until then, this remains an
embarrassment for the State of Washington — a state that claims inclusivity but
practices exclusion, that preaches fairness but delivers bureaucracy, and that
has managed, somehow, to make citizenship a liability in the land of the free.

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