Can Undocumented Immigrants Get a Driver's License?
Short Answer
A driver’s license for an undocumented immigrant is a state-issued card granting driving privileges to non-citizens who can prove their identity and residency but lack lawful immigration status. While not permitted federally, about 19 states issue these licenses, requiring applicants to provide alternate identification and pass all driving exams. These licenses are not Real ID-compliant and are marked with limitations, restricting their use for federal purposes like boarding flights, voting, or as proof of legal residence.
Immigrants who do not have the legal documents to reside in the United States can face significant restrictions. One of these is getting a state-issued identification card or a driver’s license. In many states, drivers need to show their Social Security number, citizenship, or proof of lawful status. Undocumented immigrants may not have proof of lawful status or access to Social Security. Without these documents, many immigrants can’t get a license to drive.
However, a number of states issue driver’s licenses to non-citizens for driving privileges and identification purposes. These states require immigrants to show proof of identity and pass a driving test. To find out about whether you can get a driver’s license and any restrictions, talk to a local immigration lawyer.
Changing Laws Surrounding Driver’s Licenses
Many state lawmakers argue that obtaining a license guarantees better safety for all drivers and pedestrians. A driver’s license for undocumented immigrants allows immigrants to safely navigate their daily activities. Things like taking their children to school and buying an insurance policy for their car would become easier and safer.
New drivers can also train in the state’s traffic laws in which they live, take their knowledge test at the DMV office, and then show their practical skills during the driving test to certify that they understand the state’s traffic rules.
Some States Do Allow Licenses For Undocumented Immigrants
Some U.S. states are allowing undocumented immigrants to obtain a special driver’s license. There is no federal law that grants the benefit of a driver’s license to an undocumented person. About 19 states issue driver’s licenses to individuals without lawful immigration status. Immigrants must show other information to confirm their identity, including a foreign driver’s license and a tax identification number (ITIN).
Common Features of Driver’s Licenses for Undocumented Immigrants
A driver’s license for undocumented immigrants has certain restrictions, which vary depending on the state where you reside. In general, almost every state considers the following:
- Standard licenses are only good for driving and buying insurance. They don’t allow federal benefits.
- The Real ID Act requires minimum standards for using a driver’s license as a source of federal identification. To comply with the obligations of the Real ID law, states have established use limitations on their special licenses for immigrants. A driver’s license that is not Real ID-compliant will not allow users to get through TSA screening at the airport without another qualifying ID, like a foreign passport or green card.
- These licenses have differences in their design and appearance. For example, unlike regular licenses, they say “not valid for identification” or “not valid for federal identification, voting, or public benefits purposes.”
- They cannot be used as a document that guarantees you permanent legal residence or citizenship.
- It is forbidden to use them to vote in U.S. elections.
- They do not allow access to a federal building.
- It is prohibited to use them as a valid document to pass secutity for commercial flights.
- They do not exempt anyone from the knowledge test and practical driving test.
What States Give Driver’s Licenses to Undocumented Immigrants?
This chart shows various state laws covering driver’s licenses and REAL ID requirements for undocumented immigrants. Not all states have applicable laws at this time.
| State | Law | Approval Date | Regulations of the Law | Effective Date |
| California | AB 60 Chapter 524 | 2013 | You must prove that you are a resident of the state of California and that you do not qualify for a Social Security number. The license says, “federal limits apply.” | Jan. 1, 2015 |
| Colorado | SB 13-251 Session 42-2-104 | 2013 | You must verify your identity with a passport or consular ID, have filed your taxes with the state during the year before applying for the license, or have your taxpayer identification number and prove that you have lived in the state for the last 24 months. The license says “not valid for federal identification, voting, or public benefits purposes.” | Aug. 1, 2014 |
| Connecticut | H 6495 Public Act 1389 | 2013 | You have to verify your identity with your passport or consular registration and proof of residency in the state of Connecticut. The document is not valid as proof of identity and is issued for 3 to 6 years. The license says “not for federal identification.” | Jan. 1, 2015 |
| Delaware | S 59 2711 Title 21 | 2015 | The law allows undocumented immigrants to have a card with driving privileges. The applicant must prove that they have filed their taxes or are a dependent of someone who has filed their taxes with the state in the last two years. The card says “driving privilege only – not valid for identification.” | Dec. 27, 2015 |
| District of Columbia (D.C.) | B20-275 Driver Safety Amendment | 2013 | The law in this state allows a driver’s card valid for eight years to anyone who can prove that they are a D.C. resident for more than six months, who does not have a Social Security number, and who can prove their identity. | May 1, 2014 |
| Hawaii | H 1007 | 2015 | This state grants a driver’s license to individuals who cannot prove their legal stay in the country. Applicants must provide some proof of identity and proof of state residency. The document says “not acceptable for official federal purposes.” | Jan. 1, 2016 |
| Illinois | S 0957 | 2013 | Illinois law provides a temporary license for visitors who do not qualify for a Social Security number, have resided in Illinois for more than one year, and cannot show legal documents about their stay in the country. The applicant must show with their application a valid passport or consular registration number. The license is valid for 3 years and it says “not valid for identification.” | Nov. 28, 2013 |
| Maryland | SB 715 | 2013 | It allows individuals without a Social Security number to have a license if they have filed their taxes or are the dependent of someone who has filed taxes with the state in the last two years. The license is a different color from the ones legal residents carry, and it says, “Not acceptable for federal purposes.” | Jan. 1, 2014 |
| Massachusetts | HB 4805 | 2022 | To get a driver’s license, applicants must gather proof of identity, proof of date of birth, and documents showing Massachusetts residency. License applicants must pass their learner’s permit exam and scheduled road test. | July 1, 2023 |
| Minnesota | HB 4 | 2023 | To get a standard Minnesota driver’s license, applicants must show two documents, including a document with their full name and date of birth. Applicants must also provide their home addresses and pass the written knowledge and skills test. | October 1, 2023 |
| Nevada | SB 303 | 2013 | This state issues a one-year driver’s card for those who do not have a valid Social Security number, regardless of their legal status. The applicant must prove their identity with a birth certificate or passport. The card differs from the official driver’s license and says “not valid for identification.” | Jan. 1, 2014 |
| New Jersey | A4743 (p.21) | 2019 | Any New Jersey resident can obtain a standard driver’s license without discrimination based on immigration status. A driver’s personal information is protected against disclosure for immigration-related purposes, unless authorized by the individual. | Jan. 1, 2021 |
| New Mexico | H 173 | 2003 | The applicant must present a taxpayer identification number if they do not have a Social Security number to obtain a Driver’s Authorization Card, regardless of their status of legal permanence. The document says “not valid for federal purposes.” | 2003 |
| New York | A3675 | 2019 | New York law establishes that no person or public entity may disclose the information of an applicant for a driver’s license to be used for purposes of determining their immigration status. The applicant must provide proof of identity, such as a valid passport or a driver’s license from their country of origin with less than 24 months of expiration or the consular registration number. However, they do not need to prove immigration status, and if they do not have a Social Security number, they must provide an affidavit stating that one has not been assigned. The license is not a REAL ID; therefore, it does not meet federal requirements. | Dec. 14, 2019 |
| Oregon | HB 2015 | 2019 | The law eliminated the requirement to prove the legality of immigration status to have a driver’s license. However, the applicant must prove identity with a passport, or consular registration, or license from her country of origin, or license issued by another state. The license is standard, and it is not the REAL ID. Therefore it does not comply with federal requirements. | Aug. 9, 2019 |
| Rhode Island | SB 2006 | 2023 | To get a Drivers’ Privilege Card, applicants must show proof of tax verification, proof of identity, and proof of Rhode Island residency. Primary identification documents can include a foreign passport, consular identification, employment authorization document, or refugee travel document. | July 1, 2023 |
| Utah | S 227 | 2005 | This state issues a special card with driving privileges valid for one year. The applicant must prove that they are a resident of the state of Utah for at least six months and provide a taxpayer number. The card says “not valid for identification driving privilege only.” | Mar. 8, 2005 |
| Vermont | S 38 | 2013 | State law allows an immigrant without legal status in the country to obtain a special driving document called an operator privilege card. To apply, proof of identity must be provided through a valid passport, birth certificate, consular registration, or marriage certificate. You also have to prove that you are a resident of the state. The document says, “driver’s privilege card not for federal identification.” | Jan. 1, 2014 |
| Virginia | HB 1211 | 2020 | To get a Driver Privilege Card in Virginia, applicants must show proof of identity, proof of residency, and proof of their Individual Taxpayer Identification Number (ITIN). All documents are subject to verification by the Virginia Department of Motor Vehicles (DMV). | January 1, 2021 |
| Washington | H 1444 | 1993 | License applicants must prove that they are a state resident by presenting a bill for their services, or documents from the school, or university. They must also prove their identity. The card says “driver’s license – federal limits apply.” | July 25, 1993 |
Help Getting a Driver’s License in Your State
Immigration laws can change at any time. A state can change the requirements to get a driver’s license, and the federal government can change immigration policies with each new administration. To find out about the current situation where you live, talk to an experienced immigration lawyer about getting a state driver’s license.
Have Immigration Questions?
U.S. immigration law is complex. Experienced immigration law attorneys in our directory can guide you through the system and protect your rights.
At LawInfo, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our pages are written by legal writers and reviewed by legal experts. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.
Explore Our Video Collection
LawInfo has hundreds of short videos covering a wide range of legal issues and questions you may be facing. Check them out today!
Watch Videos
