What driver's licenses are available to undocumented immigrants

Whether an undocumented immigrant can get a driver's license depends entirely on the state where you live. Some states issue licenses to undocumented immigrants; others do not. As of now, roughly 20 states and Washington, D.C. issue standard driver's licenses or state ID cards to people regardless of immigration status. The remaining states either prohibit it or restrict it to specific visa holders.

The states that do issue licenses to undocumented immigrants include California, Colorado, Connecticut, Delaware, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and a few others. Each state sets its own rules about what documents you need to bring and what the license can and cannot be used for.

In states that do not issue standard licenses to undocumented immigrants, some offer an alternative: a driving privilege card or a restricted license that allows you to drive but cannot be used for federal purposes like boarding a plane or entering a federal building.

Key Takeaways

  • About 20 states issue standard driver's licenses to undocumented immigrants, while others offer restricted driving cards or prohibit licensing altogether.
  • The documents you need to bring vary by state but typically include proof of identity, proof of residency, and a Social Security number or tax ID number.
  • A license issued to an undocumented immigrant in a state that allows it is valid only in that state and cannot be used for federal purposes like air travel.
  • Some states that do not issue licenses to undocumented immigrants allow them to obtain a state ID card for non-driving purposes.

States that issue standard driver's licenses

California was the first state to issue driver's licenses to undocumented immigrants, beginning in 2015. Since then, New York, Illinois, Washington, Oregon, and others have followed. In these states, the license looks and functions like any other driver's license for in-state driving purposes.

The process in most of these states is similar to the standard licensing process: you provide proof of identity (such as a passport or consulate ID), proof of residency (such as a utility bill or lease), and proof of Social Security number or an Individual Taxpayer Identification Number (ITIN). You then pass a written test and a driving test. Some states waive the written test if you pass a vision and knowledge check.

Once you have the license, you can use it to drive legally within that state. However, the license cannot be used for federal purposes. If you travel to another state, that state may not recognize the license if it was issued to someone without lawful immigration status.

States with restricted driving cards or privilege cards

Some states that do not issue full driver's licenses to undocumented immigrants offer a restricted alternative. These cards allow you to drive but come with clear limitations. For example, they may say "Not for Federal Purposes" or "Driving Privilege Card" on the front.

States like Arizona, Tennessee, and others have created these cards to allow undocumented immigrants to drive legally while making clear that the card is not a valid form of federal identification. The process process is usually the same as for a standard license, but the card itself carries different legal weight.

A restricted card issued in one state typically will not be recognized in another state. If you are pulled over while driving in a state other than the one that issued your card, you may face legal trouble. Always check the rules of any state you plan to drive in.

Documents you will need to bring

The specific documents required vary by state, but most states that issue licenses to undocumented immigrants ask for the following:

  • Proof of identity: a valid passport, consulate ID, or other government-issued ID from your country of origin
  • Proof of residency: a utility bill, lease agreement, bank statement, or other document showing your current address
  • Proof of Social Security number or ITIN: a Social Security card, tax return, or letter from the IRS
  • Proof of California residency (or your state's equivalent): documents showing you have lived in the state for the required time period

Some states also require a birth certificate or a document proving your date of birth. A few states ask for fingerprints or a background check. Contact your state's Department of Motor Vehicles directly to confirm what documents your state requires, because the list can change.

How the license is used and what it cannot do

A driver's license issued to an undocumented immigrant in a state that allows it is valid for driving within that state. You can use it to rent a car, pass a traffic stop, and prove your identity for everyday transactions like opening a bank account or buying alcohol.

However, the license cannot be used for federal purposes. You cannot use it to board a domestic flight, enter a federal building, or explore for certain jobs that require federal background checks. If you try to use the license for these purposes, you may be denied or face legal consequences.

If you travel to another state, that state's law enforcement may not recognize the license as valid. Some states have agreements to recognize licenses issued by other states to undocumented immigrants, but not all do. Before traveling, research the laws of the state you are visiting.

States that do not issue licenses to undocumented immigrants

About 30 states do not issue driver's licenses to undocumented immigrants. In these states, driving without a license is illegal and can result in fines, vehicle impoundment, and criminal charges. Some of these states are working to change their laws, while others have no plans to do so.

In states that prohibit licensing for undocumented immigrants, you may still be able to obtain a state ID card for non-driving purposes. This card can be used to prove your identity but not to drive. The requirements and process are usually similar to getting a driver's license, but the card itself is not valid for driving.

If you live in a state that does not issue licenses to undocumented immigrants and you need to drive, you have limited legal options. Some people choose to move to a state that does issue licenses, while others seek legal counsel about their specific situation.

What happens if you are pulled over without a license

If you are pulled over while driving without a valid license in a state that does not issue licenses to undocumented immigrants, the consequences can be serious. You may receive a citation, your vehicle may be impounded, and you may face criminal charges depending on the state and your driving history.

A criminal conviction for driving without a license can affect your immigration case if you are in removal proceedings or if you ever seek to change your immigration status. It can also make it harder to find work or housing. For this reason, it is important to understand your state's laws before you drive.

If you are pulled over, you have the right to remain silent and to ask for a lawyer. You do not have to answer questions about your immigration status. However, you must provide your name and address if asked. If you are arrested, contact a lawyer as soon as possible.

Frequently Asked Questions

Can I use a driver's license issued to an undocumented immigrant to fly on a domestic flight?

No. A license issued to an undocumented immigrant in a state that allows it will say "Not for Federal Purposes" or carry a similar restriction. You cannot use it to board a domestic flight. You would need a valid passport or another form of federal ID.

If I get a license in one state, can I use it to drive in another state?

It depends on the state. Some states recognize licenses issued by other states to undocumented immigrants, but many do not. Before traveling to another state, check that state's laws about recognizing out-of-state licenses. If the state does not recognize it, driving with that license could result in legal trouble.

What is an ITIN and how do I get one?

An ITIN is an Individual Taxpayer Identification Number issued by the IRS. You can use it instead of a Social Security number when explore for a driver's license in states that accept it. To get an ITIN, you file a tax return with the IRS or contact a tax professional who can help you explore.

Can I renew a driver's license issued to an undocumented immigrant?

Yes, in states that issue licenses to undocumented immigrants, you can renew your license when it expires. The renewal process is usually simpler than the initial process and may not require you to retake the driving test. Check your state's DMV website for renewal requirements.

Will getting a driver's license affect my immigration case?

Getting a driver's license in a state that allows it should not negatively affect your immigration case on its own. However, if you are pulled over and cited for a traffic violation, that citation could be used against you in immigration proceedings. Consult with an immigration lawyer about your specific situation.