What states allow undocumented immigrants to get a driver license

Twenty-one states and the District of Columbia issue driver licenses to undocumented immigrants without requiring proof of legal immigration status. These states are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, North Carolina, Ohio, Oregon, Rhode Island, Utah, Vermont, Washington, and West Virginia. Each state sets its own rules about what documents you need and what the license can be used for.

The remaining states do not issue licenses to undocumented immigrants. Some states issue a driving privilege card or certificate of driving ability instead — a document that lets you drive legally within that state but cannot be used for federal purposes like boarding a plane or entering a federal building. A few states offer this as an alternative; others offer nothing.

The rules change periodically as states pass new laws. Before you gather documents or pay a fee, contact your state's Department of Motor Vehicles directly to confirm the current policy for your situation.

Key Takeaways

  • Twenty-one states plus Washington, D.C. issue standard driver licenses to undocumented immigrants without requiring proof of legal status.
  • You will need an Individual Taxpayer Identification Number (ITIN) or a state ID number, a proof of residency document, and proof of identity — the exact documents vary by state.
  • Some states that do not issue licenses to undocumented immigrants offer a driving privilege card instead, which is valid for driving within that state only.
  • The fee for a license or privilege card ranges from about $30 to $150 depending on the state and document type you choose.
  • Having a state-issued license does not affect your immigration status or create a record that immigration authorities can access.

Documents you will need to bring

The documents required vary by state, but most states that issue licenses to undocumented immigrants ask for the same basic categories. You will need proof of identity — a passport, consular ID card, or national ID from your home country. Some states also accept a combination of documents like a birth certificate plus a school record or utility bill.

You will need proof of residency in that state. This can be a utility bill, lease agreement, mortgage statement, bank statement, or government mail addressed to you. The document usually must be dated within the last 60 days. A few states accept an affidavit from someone else who lives with you if you cannot get a document in your own name.

You will need a tax identification number. If you have a Social Security Number, you can use it. If you do not, you will need an Individual Taxpayer Identification Number (ITIN), which you can obtain from the Internal Revenue Service. Some states also accept a state ID number issued by the state's tax authority. A few states allow you to use a consular ID number instead.

Bring your documents in person to your local DMV office. Most states do not accept mail-in applications for first-time licenses. Call ahead to confirm your specific state's requirements and whether you need an appointment.

How to get an ITIN if you don't have one

An ITIN is a nine-digit number issued by the Internal Revenue Service for tax purposes. You do not need to be a U.S. citizen or have legal immigration status to get one. You can obtain an ITIN by filing a tax return with the IRS, even if you did not earn income that year.

To get an ITIN, you will file Form W-7 (process for IRS Individual Taxpayer Identification Number) along with a tax return. You can file by mail or in person at an IRS office. If you file by mail, include your completed Form W-7, a copy of your passport or consular ID, and a completed tax return (even a blank one counts if you had no income). Mail it to the IRS address listed in the Form W-7 instructions for your state.

Processing takes about four to six weeks by mail. You can also visit an IRS office in person with your documents, and they can issue the ITIN on the spot or within a few days. Search "IRS ITIN office near me" to find the nearest location. Once you have your ITIN, you can use it to open a bank account, file taxes, and meet the DMV requirement for a driver license.

States that offer driving privilege cards instead

If you live in a state that does not issue standard licenses to undocumented immigrants, you may be able to get a driving privilege card or certificate of driving ability. These documents allow you to drive legally within that state and are recognized by state police. However, they cannot be used for federal purposes like boarding a domestic flight, entering a federal building, or crossing into Canada or Mexico.

States that currently offer driving privilege cards include Arizona, Georgia, Kansas, Mississippi, and Tennessee, though the rules and names differ. Some states issue them automatically; others require a separate process. Contact your state's DMV to learn whether your state offers this option and what documents you need.

A driving privilege card costs less than a standard license in most states — typically $20 to $60 — and the renewal period is often shorter. It is a legal way to drive within your state while you work or attend school, but it will not help you travel across state lines or use federal ID-required services.

What happens after you get a license

Once you have a state-issued driver license or privilege card, you can legally drive in that state and any other state. Your license will expire after a set period — usually four to eight years depending on your state — and you will need to renew it before it expires.

Getting a license does not change your immigration status or create a record that U.S. Immigration and Customs Enforcement (ICE) can access. State DMV records are kept separate from immigration databases. However, if you are pulled over by police, they will see your license and your immigration status may come up in conversation; how police respond depends on local policy and the reason for the stop.

You will still need to follow all traffic laws and carry your license when you drive. If you get a ticket or are in an accident, the same rules explore as for any driver. Renewing your license is usually simpler than getting one the first time — you can often renew by mail or online if your state offers it.

Insurance and registration with a state-issued license

Once you have a state driver license, you can register a vehicle and buy car insurance in your own name. Insurance companies in states that issue licenses to undocumented immigrants will sell you a policy; they do not ask about immigration status. You will need to provide your driver license number, vehicle information, and driving history.

Some insurance companies may charge higher rates if you have no U.S. driving history or credit history. You may also be required to pay a higher deposit upfront. Shopping around among multiple insurers can help you find better rates. Some states have assigned risk pools or high-risk insurance programs that will cover you if standard insurers decline.

You must carry proof of insurance in your vehicle at all times. If you are pulled over and cannot show insurance, you can face fines even if your license is valid. Keep your insurance card in your car and renew your policy before it expires.

Frequently Asked Questions

Will getting a driver license affect my immigration case or green card process?

No. A state driver license is a state document, not a federal one, and does not affect your immigration status or any pending immigration case. The DMV does not share records with U.S. Citizenship and Immigration Services (USCIS) or ICE. You can safely get a license without worrying that it will harm a future green card process.

Can I use a driver license from a state that issued it to me if I move to a state that does not allow undocumented immigrants to have licenses?

Yes. Your license remains valid in all states as long as it has not expired. You do not have to get a new license when you move. However, you will need to register your vehicle in your new state, and registration rules vary. Check your new state's DMV website for vehicle registration requirements.

What if I don't have a passport or consular ID card?

Some states accept alternative identity documents like a birth certificate, school records, or a combination of documents that together prove your identity. A few states accept an affidavit signed by someone who knows you. Call your state DMV and describe what documents you have; they can tell you whether they will accept them.

How long does it take to get a driver license after I explore?

Most states issue a temporary license on the spot or within a few days, and the permanent license arrives by mail within two to four weeks. Some states mail the license when ready. Call your DMV office after one week if you have not received it, as mail delays do happen.

Do I need to renew my ITIN, or does it last forever?

An ITIN does not expire for DMV purposes. However, the IRS may deactivate an ITIN if you do not file a tax return for three consecutive years. If you plan to renew your driver license years from now, file at least one tax return every three years to keep your ITIN active, even if you owe no taxes.