A new California Department of Motor Vehicles policy demands department investigators to give applicants who commit identify theft a pass, a requirement that could protect illegal immigrants from being prosecuted, Breitbart News has learned.

The policy, in effect as of Jan. 1, requires DMV investigators to let applicants get away with identity theft in cases where they "may have attempted to obtain or been issued a license or ID card previously through submission of false information."

A pass will be granted if the illegal ID's were only used to secure a driver's license and if the license or ID wasn't used to carry out a different crime, such as purchasing alcohol or opening a bank account, according to Breitbart.

It's possible the policy, passed last year, is a front to protect undocumented immigrants from facing felony identify theft charges in California, and also protect them from being deported or deemed ineligible for protection under the Obama administration's immigrant protection policies.

"My belief is that this policy came from the governor's office," an unnamed DMV source told Breitbart News.

U.S, citizens, both natural born and naturalized, would not be given the same courtesy for illegally obtaining a license, according to the DMV source.

"It's unethical and it goes directly against the law enforcement code of ethics," the source said.

It's not clear how DMV investigators can tell if a fake license was used only for driving or was involved to commit crimes. An unidentified California DMV spokeswoman said they "can't prove if someone completely lied on their identity the first time."

But she did say "investigators are constantly looking for cases" and those that need prosecuting are turned over to the district attorney's office.