Driver's Licenses and Voting Rights for Undocumented Immigrants

Whether an undocumented immigrant can get a driver's license depends entirely on the state. Some states issue driver's licenses to undocumented immigrants regardless of immigration status; others do not. Voting, however, is different — federal law prohibits non-citizens from voting in federal elections, and all states enforce this rule. Some states allow non-citizens to vote in local or municipal elections, but this is rare and limited to a small number of jurisdictions.

The rules have shifted significantly over the past 15 years. As of 2024, at least 16 states plus Washington, D.C., issue driver's licenses to undocumented immigrants. These include California, Colorado, Connecticut, Delaware, Illinois, Maryland, Minnesota, Nevada, New Mexico, New York, Oregon, Utah, Vermont, Washington, and a few others. The process, requirements, and what the license says vary by state.

Key Takeaways

  • At least 16 states and Washington, D.C., issue standard driver's licenses to undocumented immigrants, though the name and appearance of the license may differ from those issued to citizens.
  • States that do not issue licenses to undocumented immigrants may offer an alternative document such as a driving privilege card or occupational license with restrictions.
  • Federal law prohibits non-citizens from voting in federal elections; all states enforce this rule regardless of driver's license status.
  • A small number of cities and towns allow non-citizens to vote in local elections only, and this does not extend to state or federal races.
  • Having a driver's license does not change immigration status or create a path to citizenship.

Which States Issue Driver's Licenses to Undocumented Immigrants

California was the first state to pass legislation allowing undocumented immigrants to obtain a driver's license, beginning in 2015. The law required proof of identity, proof of California residence, and a Social Security number or an Individual Taxpayer Identification Number (ITIN). Applicants must pass the written and driving tests like any other driver.

New York followed in 2019, and the process has expanded since. Each state that allows this sets its own rules about what documents count as proof of identity and residence. Some accept a foreign passport plus a utility bill or lease. Others require an ITIN or a letter from a tax authority. A few states issue a standard license; others mark the license as "limited term" or issue a separate card labeled a "driving privilege card" to make the distinction clear.

The full list changes as legislation passes, so checking your state's Department of Motor Vehicles website is the only way to know the current rule. Some states that do not issue licenses to undocumented immigrants offer an alternative: a restricted occupational license that allows driving to work, school, or medical appointments only, or a non-driver identification card that serves other purposes but does not permit driving.

What Documents You Will Need for a Driver's License

States that issue licenses to undocumented immigrants typically require proof of identity, proof of residence, and proof of a tax identification number. A foreign passport is the most common form of identity accepted. Some states also accept a consular ID card issued by your country's embassy or consulate in the United States.

Proof of residence usually means a utility bill, lease agreement, mortgage statement, or bank statement showing your name and a current address. The document must be recent — usually from the past two to three months. A few states accept mail from a government agency, such as a tax notice or court document.

An ITIN is a nine-digit number issued by the Internal Revenue Service to people who file taxes but do not have a Social Security number. You can explore for an ITIN through the IRS if you do not have one. Some states accept a letter from the IRS or a tax return as proof. A small number of states accept an ITIN process receipt instead of the number itself.

Voting Rights and Non-Citizen Status

Federal law prohibits non-citizens from voting in federal elections — that is, elections for president, U.S. Senate, and U.S. House of Representatives. This applies to all states without exception. Having a driver's license does not change this rule. When you register to vote, you must declare under penalty of perjury that you are a U.S. citizen. Voting as a non-citizen is a federal crime.

State and local elections follow the same rule in most places. However, a small number of cities and towns have passed local ordinances allowing non-citizens to vote in municipal elections only — elections for mayor, city council, school board, or local ballot measures. As of 2024, this is permitted in a handful of jurisdictions, including parts of California, Maryland, and a few towns in other states. These local votes do not extend to state or federal races.

The rules for local non-citizen voting vary by municipality. Some require permanent residency; others require only that you live in the city. Some require that you have lived there for a set period, such as 30 days. You would need to check with your city or county clerk to learn whether non-citizens can vote in your specific locality.

How a Driver's License Affects Immigration Status

Obtaining a driver's license does not change your immigration status. It does not make you a permanent resident, a citizen, or any other status. It is a document that permits you to drive legally in that state. Immigration status is determined by federal law and by decisions made by U.S. Citizenship and Immigration Services (USCIS), not by state documents.

However, a driver's license can be useful for other purposes. It serves as a form of identification when you interact with police, banks, employers, or other institutions. Some undocumented immigrants use it to reduce the risk of being stopped for a traffic violation and having immigration status questioned. It also allows you to register a vehicle and obtain car insurance in your own name.

A driver's license is not a path to legal status. It does not count toward any immigration benefit or petition. If you are undocumented and considering explore for a license, understand that the state DMV does not share information with federal immigration authorities in most cases, but this is not may provide in all situations. Check your state's specific privacy rules if this is a concern.

States That Do Not Issue Licenses to Undocumented Immigrants

States that do not issue standard driver's licenses to undocumented immigrants include Texas, Florida, Georgia, Arizona, and others. These states may offer an alternative: a restricted occupational license, a driving privilege card, or a non-driver identification card. The restrictions and rules vary.

An occupational license typically allows you to drive only for specific purposes — to and from work, school, medical appointments, or court-ordered activities. You cannot use it for personal errands or recreation. The card usually states these restrictions clearly. Some states require you to show proof of employment or enrollment in school to obtain one.

A non-driver identification card looks like a driver's license but explicitly states that it does not permit driving. It can be used for identification at banks, airports, or other institutions. Some states issue these to undocumented immigrants who do not want to or cannot drive.

Frequently Asked Questions

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

Yes, in states that issue licenses to undocumented immigrants. Immigration status and driver's license status are separate matters under state law. However, you should understand that explore for a license requires you to provide personal information to the state DMV, and you may want to consult an immigration attorney about whether this creates any risk in your specific situation.

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

A driver's license itself does not affect immigration proceedings. However, the information you provide to the DMV is a state record, not a federal one, and most states do not share DMV records with immigration authorities. Some states have privacy protections that explicitly prevent this sharing. Check your state's DMV website or speak with an immigration attorney if you have concerns about your specific case.

Can I use a driver's license issued to an undocumented immigrant to board a plane?

No. The Transportation Security Administration (TSA) requires a Real ID-compliant document for domestic air travel. Most states that issue licenses to undocumented immigrants mark them as non-compliant with Real ID standards, so they cannot be used at airport security. You would need a passport or passport card instead.

If I become a citizen, can I get a regular driver's license?

Yes. Once you become a U.S. citizen, you can renew your license and request a standard license that complies with Real ID requirements. You will need to provide proof of citizenship, such as a naturalization certificate or passport, when you renew.

What happens if I vote without citizenship?

Voting as a non-citizen is a federal crime that can result in criminal charges, fines, and imprisonment. It can also affect any future immigration proceedings or petitions. Do not vote unless you are a U.S. citizen.