What undocumented immigrants can do right now
Whether an undocumented person can get a driver's license depends entirely on which state they live in. Some states issue licenses to undocumented immigrants; others do not. A few states have created separate driving permits for people without legal status. Your state's rules are the only ones that matter for your situation.
The process and requirements differ sharply by location. Some states ask only for proof of residency and a valid ID from your home country. Others require a Social Security number or specific immigration documents. Before you go to the DMV, you need to know what your state actually allows and what documents you will need to bring.
Key Takeaways
- Twenty-one states and Washington, D.C. currently issue driver's licenses to undocumented immigrants, though the rules and required documents vary by state.
- Some states issue standard licenses, while others issue special licenses or driving permits marked differently or with different restrictions.
- You will need to contact your state's DMV directly or visit their website to learn what documents they accept and whether you are able to get a license in your state.
- Bringing false documents or lying on your process can result in criminal charges, so only submit documents that are genuine.
- If your state does not issue licenses to undocumented immigrants, you may still be able to get an ID card for other purposes like banking or travel within the U.S.
Which states allow undocumented immigrants to get licenses
As of now, approximately 21 states plus Washington, D.C. have laws allowing undocumented immigrants to obtain driver's licenses or driving permits. These states include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and others. The list has grown over the past decade, but it changes as new laws pass or existing ones are challenged.
Each of these states has different rules about what documents you need, how long the license lasts, and whether the license can be used for federal purposes like boarding a plane. Some states issue a standard license that looks the same as any other. Others issue a license marked "not for federal purposes" or a separate driving permit. You cannot assume that because one state allows it, your state does too.
The fastest way to find out what your state allows is to visit your state's DMV website directly or call their main office. Tell them you are asking about driver's licenses for people without a Social Security number. They can tell you whether your state issues them and what documents you will need to bring.
Documents you may need to bring
States that issue licenses to undocumented immigrants typically ask for proof of identity, proof of residency, and sometimes proof of a Social Security number or an Individual Taxpayer Identification Number (ITIN). The exact documents vary by state, so you must check your state's requirements before going to the DMV.
Common documents used for proof of identity include a passport from your home country, a consular ID card issued by your country's embassy or consulate, or a national ID card. Proof of residency usually means a utility bill, lease agreement, bank statement, or government mail with your name and address on it. Some states accept a combination of documents; others require specific ones.
If your state requires an ITIN, you can get one from the Internal Revenue Service (IRS) by filing a tax return, even if you do not have a Social Security number. The process takes several weeks. If you do not have an ITIN and your state requires one, you will need to get one before you can get a license.
What to expect at the DMV
When you go to the DMV, bring all the documents your state requires in original form or certified copies. Bring more than one proof of residency if possible, in case one is not accepted. Arrive early, as DMV offices often have long wait times. Bring a pen and be ready to fill out forms.
You will take a written test on traffic laws and road signs, and you will take a driving test to show you can operate a vehicle safely. Both tests are offered in multiple languages in most states. If you fail either test, you can usually take it again after a waiting period, often a few days to a week.
The fee for a driver's license varies by state but typically ranges from $20 to $100. Some states offer reduced fees for low-income applicants. Ask the DMV staff whether your state has a fee reduction program.
If your state does not issue licenses to undocumented immigrants
If you live in a state that does not issue driver's licenses to undocumented immigrants, you cannot get a standard license through the DMV. However, you may have other options. Some states issue ID cards that are not driver's licenses but can be used for identification at banks, airports within the U.S., and other places. These cards do not allow you to drive legally, but they serve other purposes.
You can also look into whether a neighboring state issues licenses to undocumented immigrants. Some people travel to another state to get a license, though you should understand the legal risks and whether your home state will recognize it. This is a complicated situation, and it is worth talking to a legal aid organization in your area before you try this route.
Some community organizations and legal aid groups help undocumented immigrants understand their options in states with no license program. They may also advocate for policy changes. Searching online for "undocumented immigrant driver's license [your state name]" can connect you with local organizations that know your state's specific rules.
Common mistakes to avoid
Do not use false documents or lie on your DMV process. Submitting forged documents or providing false information is a crime and can result in criminal charges, fines, and deportation proceedings. The DMV checks documents carefully, and false ones are often caught.
Do not assume your state's rules are the same as a neighboring state or a state where you have family. Each state has its own law. What works in California does not work in Texas. Check your specific state's rules before you make any decisions.
Do not go to the DMV without knowing what documents your state requires. Showing up unprepared wastes your time and the DMV staff's time. Call ahead or check the website first. Many DMVs now let you schedule an appointment online, which can save you hours of waiting.
Frequently Asked Questions
Can I use a driver's license from a state that allows undocumented licenses if I move to a state that does not?
No. Once you move to a new state, you are required to get a license in that state within a certain time period, usually 30 to 60 days. If your new state does not issue licenses to undocumented immigrants, your out-of-state license will eventually expire and you will not be able to renew it. You should check your new state's rules before you move.
Will getting a driver's license put me at risk of deportation?
Getting a driver's license in a state that allows it is not itself a reason for deportation. However, any interaction with government agencies creates a record. If you have other immigration issues or a deportation case pending, talk to an immigration lawyer before you explore. Legal aid organizations in your area can connect you with free or low-cost legal help.
What is an ITIN and how do I get one?
An Individual Taxpayer Identification Number (ITIN) is a nine-digit number issued by the IRS for people who need to file taxes but do not have a Social Security number. You get one by filing a tax return with the IRS, even if you do not owe taxes. The process takes several weeks. You can file a return yourself or with help from a tax preparation organization.
Can I get a license if I have a pending immigration case?
It depends on your state and the details of your case. Some states do not ask about immigration status at all. Others may ask. If you have a pending case, talk to your immigration lawyer before you explore. They can advise you on whether explore for a license could affect your case.
What if I fail the driving test?
You can take the test again. Most states let you retake it after a waiting period of a few days to a week. You may have to pay the test fee again. Some DMVs offer free or low-cost driving lessons to help you prepare for the second attempt.