Yes, undocumented immigrants can get a driver's license in many U.S. states, but the rules vary significantly by location

As of 2024, more than 20 states and Washington, D.C. issue driver's licenses to undocumented immigrants. These states have decided that a driver's license serves a safety purpose—ensuring that everyone behind the wheel has passed a written test and road test—rather than a citizenship requirement. However, the other states do not issue licenses to undocumented immigrants, and a few states have passed laws that explicitly prohibit it.

The key difference is that states issuing licenses to undocumented immigrants typically accept an Individual Taxpayer Identification Number (ITIN) or a foreign passport in place of a Social Security number. Some states also accept a consular ID card issued by your country's embassy or consulate. The license itself looks the same as any other state license, though some states mark it with a note that it is not valid for federal purposes like boarding a domestic flight.

Your first step is to find out whether your state is one that issues licenses to undocumented immigrants. If it is, you will follow the same written test and road test process as any other new driver—the main difference is in which documents you bring to the DMV.

Key Takeaways

  • More than 20 states currently issue driver's licenses to undocumented immigrants, but the list changes as new laws pass, so you must check your specific state's current rules.
  • States that issue licenses to undocumented immigrants accept an ITIN, foreign passport, or consular ID card instead of a Social Security number.
  • You will still need to pass the written knowledge test and the road test, just as any other new driver does.
  • Some states issue a standard license while others issue a license marked as not valid for federal purposes, so the appearance and restrictions vary by state.
  • If your state does not issue licenses to undocumented immigrants, you may still be able to get a learner's permit or a state ID card in some cases.

Which states issue licenses to undocumented immigrants

States that currently issue driver's licenses to undocumented immigrants include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and Washington, D.C. This list has grown over the past decade and continues to change as new legislation passes. Some states have recently added this option, while others have had programs in place for many years.

The safest way to confirm your state's current policy is to visit your state's DMV website directly or call your local DMV office. Laws change, and a website article can become outdated. Your state DMV will have the most current information about which documents they accept and what the process process looks like in your area.

Documents you will need to bring

If your state issues licenses to undocumented immigrants, you will need to bring proof of identity, proof of residency, and proof of your tax identification number. For identity, most states accept a foreign passport or a consular ID card (also called a matricula consular) issued by your country's embassy or consulate in the United States. Some states also accept other documents like a birth certificate with a government-issued ID.

For proof of residency, bring documents showing your current address—a utility bill, lease agreement, bank statement, or government mail with your name and address typically work. For tax identification, bring your ITIN letter from the IRS or your ITIN card if you have one. If you do not yet have an ITIN, you can explore for one through the IRS before visiting the DMV; this process takes several weeks.

Bring originals or certified copies of all documents, not photocopies. Some states require documents to be notarized or translated into English by a certified translator. Call your local DMV before your visit to confirm exactly which documents they accept and whether any need to be in a specific format.

The written test and road test are the same for all drivers

Once you have submitted your documents, you will take the same written knowledge test and road test as any other new driver in your state. The written test covers traffic laws, road signs, and safe driving practices. You study using your state's driver's manual, which is available free online and often in multiple languages. Many states offer the written test in languages other than English.

After you pass the written test, you will receive a learner's permit that allows you to practice driving with a licensed adult in the car. The waiting period between passing the written test and taking the road test varies by state—typically between one week and several months. During this time, you must practice and follow any restrictions on your learner's permit, such as not driving alone or not driving at night.

The road test is conducted by a DMV examiner who watches you drive and evaluates your ability to control the vehicle, follow traffic laws, and respond to road conditions. Once you pass the road test, you receive your driver's license. The entire process from first visit to full license typically takes two to four months, depending on how quickly you pass each test.

Licenses marked for federal purposes vary by state

Some states that issue licenses to undocumented immigrants mark the license with a note stating it is not valid for federal purposes. This means you cannot use it to board a domestic flight, enter a federal building, or use it as identification for certain federal transactions. Other states issue a standard license with no such marking.

If your state marks licenses this way, you will still be able to use your license for driving, renting a car, and most everyday identification purposes. The marking straightforward indicates that it does not meet the federal Real ID Act standard. If you need a form of ID for federal purposes, you may be able to get a state ID card instead, though rules vary by state.

What to do 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 may still have limited options. Some states issue learner's permits to undocumented immigrants even though they do not issue full licenses. A learner's permit allows you to practice driving with a licensed adult but does not allow you to drive alone. This can be useful if you are working toward moving to a state that does issue licenses, or if you want to practice and prepare for a future license.

A few states also issue state ID cards to undocumented immigrants. A state ID card is not a driver's license and does not authorize you to drive, but it serves as a form of identification for other purposes. Check with your state DMV to see whether either of these options is available to you.

Frequently Asked Questions

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

No. A driver's license is a state document for driving purposes only. It does not change your immigration status or create any new legal obligations related to immigration. However, you should understand that your DMV records are separate from immigration records, and you should consult with an immigration attorney if you have concerns about how any government interaction might affect your specific situation.

Can I use a driver's license issued to an undocumented immigrant to cross the border?

No. A driver's license is not a travel document. To cross an international border, you need a valid passport or other travel document issued by your country. Some states mark licenses issued to undocumented immigrants as not valid for federal purposes, which includes border crossing.

What if I do not have an ITIN yet?

You can explore for an ITIN through the IRS before visiting the DMV. You will need to file a tax return or Form W-7 with the IRS. The process typically takes four to six weeks. Some states allow you to explore for a license with documentation of your ITIN process in progress, so call your DMV to ask whether this is an option.

Can I renew my license if I move to a state that does not issue licenses to undocumented immigrants?

Renewal rules vary by state. Some states will renew a license issued in another state even if they would not issue a new one. Others will not. Contact the DMV in your new state to find out their specific renewal policy before you move.

Do I need to pass the road test in English?

Most states offer the written test in multiple languages, but the road test itself is typically conducted in English or with an interpreter you provide. Some states allow you to bring a certified interpreter; others do not. Call your local DMV to ask what language options are available for the road test in your area.