Can an Undocumented Immigrant Get a Driver's License?

What undocumented immigrants can do about driver's licenses

Whether you can get a driver's license as an undocumented immigrant depends entirely on which state you live in. Some states issue driver's licenses to undocumented immigrants without restriction. Others issue them only if you meet specific conditions—usually proof of state residency and a valid passport or consular ID. Still others do not issue licenses to undocumented immigrants at all. There is no federal rule; each state sets its own policy.

The states that do issue licenses to undocumented immigrants typically require the same documents as any other applicant—proof of identity, proof of residency, and a passing written and driving test—but they accept consular identification cards (like a Mexican matricula consular) or a passport in place of a Social Security number or state ID. A few states require an ITIN (Individual Taxpayer Identification Number) instead of a Social Security number.

Key Takeaways

Nineteen states and Washington, D.C. issue driver's licenses to undocumented immigrants, though the documents required and the process vary by state.
States that do issue licenses typically accept a valid passport or consular ID card as proof of identity, along with proof of state residency.
You will need to pass the written test and driving test just as any other applicant would, regardless of immigration status.
The best way to find out what your state allows is to contact your state's Department of Motor Vehicles directly or visit its website.
Some states that do not issue licenses to undocumented immigrants may offer an alternative ID card that can be used for some purposes but not driving.

Which states issue driver's licenses to undocumented immigrants

As of 2024, the following states and Washington, D.C. issue driver's licenses to undocumented immigrants: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and West Virginia.

Each of these states has its own rules about what documents you must bring and what you must prove. Some require proof that you have lived in the state for a certain length of time (usually 30 days to 6 months). Some require a consular ID card or passport. Some accept an ITIN. You should contact your state's Department of Motor Vehicles before you go in, because the exact requirements differ and bringing the wrong documents will waste a trip.

What documents you will typically need

If your state issues licenses to undocumented immigrants, you will usually need to bring proof of identity, proof of residency, and proof that you can legally drive (or be ready to take the driving test). For proof of identity, states that accept undocumented applicants typically take a valid passport, a consular ID card, or both. Some states also accept a national ID card from your country of origin.

For proof of residency, bring documents that show your name and a state address—a utility bill, a lease, a bank statement, or a government letter addressed to you at that address usually works. The document typically needs to be recent (within the last 60 to 90 days, depending on the state). You will also need to provide a Social Security number or an ITIN; if you do not have either, ask the DMV whether your state accepts an alternative.

You will take the same written test on traffic laws and road signs that any other applicant takes, and you will take a driving test. Some states waive the driving test if you already hold a valid driver's license from another country, but this varies. Check with your state DMV to see whether your foreign license counts.

How the process works in states that allow it

The process is similar to getting a license as any other applicant: you gather your documents, go to your local DMV office, pass the written test, schedule a driving test, pass that, and receive your license. The main difference is that you will be using a consular ID or passport instead of a state ID or Social Security card.

Some states issue a standard driver's license that works the same as anyone else's. Other states issue a license marked as valid only for driving within the state, not for federal purposes like boarding a domestic airplane or entering a federal building. New York, for example, issues a standard license; California issues a license marked "FEDERAL LIMITS explore." Know which your state issues before you explore, because it affects what you can use the license for.

The timeline varies by state and by how busy your local DMV is. In some places you can complete the written test and schedule a driving test on the same day. In others there is a wait of several weeks between the written test and the driving test. Call ahead or check your state's website to understand the wait times in your area.

States that do not issue licenses to undocumented immigrants

If you live in a state that does not issue driver's licenses to undocumented immigrants, you have limited options. You cannot legally drive, and driving without a license carries the same penalties as it does for anyone else—fines, possible jail time, and a criminal record that can affect future immigration proceedings.

Some states that do not issue driver's licenses to undocumented immigrants do offer an alternative ID card that can be used for some purposes—opening a bank account, for example—but not for driving. Check your state's DMV website to see whether this option exists where you live. A few states are considering changing their policies, so it is worth checking your state's DMV website periodically to see whether the rules have changed.

What happens if you are stopped while driving without a license

If you are stopped by police while driving without a valid license, the officer can cite you for driving without a license, which is a misdemeanor in most states. You will face fines and possibly jail time. A conviction for driving without a license can also complicate any future immigration case, because it creates a criminal record.

If you are in a state that does not issue licenses to undocumented immigrants, you should understand this risk before you drive. Some people choose to use public transportation, carpool with licensed drivers, or use ride-sharing services instead. These are not perfect solutions, but they avoid the legal risk of driving without a license.

How to find out what your state allows

The fastest way to learn your state's rules is to visit your state's Department of Motor Vehicles website directly. Search for "[your state] DMV undocumented immigrants" or "[your state] DMV driver's license requirements." Most state DMV websites have a page that lists all required documents and explains the process step by step.

If the website is unclear or you cannot find the information, call your state DMV's main phone line and ask directly. You do not need to provide your name or any personal information to ask a general question about what documents are required. Many DMVs also have local offices you can visit in person to ask questions before you explore.

Frequently Asked Questions

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

No. A driver's license is a state document, not a federal immigration document. Getting a license does not change your immigration status or create a record that immigration authorities can use against you. However, if you are pulled over while driving, a police officer can call immigration authorities. The license itself does not trigger this—the traffic stop does.

Can I use a driver's license from another country instead of getting a state license?

A foreign driver's license is not valid for driving in the United States. You must have a U.S. state driver's license or permit to drive legally. Some states allow you to use a foreign license for a short time if you are visiting, but if you live in the state, you must get a state license. Check your state's DMV website for the rules on how long a foreign license is valid.

What if I do not have a passport or consular ID card?

If you do not have either document, you cannot get a driver's license in a state that requires one of them. You would need to obtain a consular ID card from your country's consulate. This process varies by country, but most countries issue consular ID cards to their citizens living abroad. Contact your country's consulate in your state to learn what documents you need and how long the process takes.

Can I get a driver's license if I have a pending immigration case?

Yes, if your state issues licenses to undocumented immigrants. Your immigration status is what matters, not whether you have a case pending. However, if you are in removal proceedings, consult with an immigration attorney before explore, because any government interaction creates a record that could be used in your case.

What is the difference between a driver's license and a state ID card?

A driver's license allows you to drive and serves as identification. A state ID card serves as identification only and does not allow you to drive. Some states that do not issue driver's licenses to undocumented immigrants do issue state ID cards. These can be used to open a bank account or prove your identity, but not to drive.

This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.