What states allow undocumented immigrants to get a driver license

Twenty-one states and Washington, D.C. issue driver licenses to undocumented immigrants without requiring proof of legal residency status. These states are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Utah, Vermont, Washington, and West Virginia. Each state sets its own rules about what documents you need instead of a Social Security number or visa.

The remaining states do not issue licenses to undocumented immigrants. Some states have passed laws explicitly prohibiting it; others straightforward require a Social Security number or proof of lawful presence as part of their standard licensing process, which undocumented immigrants cannot provide. If you live in a state that does not issue licenses to undocumented immigrants, you have no legal path to obtain one in that state.

Key Takeaways

  • Twenty-one states and Washington, D.C. issue driver licenses to undocumented immigrants; the other states do not, and no federal override exists.
  • States that issue licenses typically require proof of state residency (utility bill, lease, bank statement) and an ITIN or tax return instead of a Social Security number.
  • You must bring original or certified documents to the DMV; photocopies alone are not accepted for identity or residency proof.
  • Processing times and fees vary by state, but most states charge the same fee as they do for citizens and take two to four weeks to issue a license.
  • A driver license issued under these programs is valid for driving and identification within that state, but some states mark them to show they are not proof of legal presence.

Documents you will need to bring to the DMV

Every state that issues licenses to undocumented immigrants requires proof of identity and proof of state residency. You cannot use a passport from your country of origin alone; you need a document that shows your name, date of birth, and photograph. Acceptable identity documents vary by state but typically include a foreign passport, a consular ID card (such as a Mexican matricula consular), a national ID from your country, or a state ID from another state.

For proof of state residency, bring an original or certified document showing your name and current address. Utility bills (electric, gas, water, or internet), rental or lease agreements, bank statements, insurance policies, or tax returns all work. The document must be dated within the last 60 days in most states. A utility bill in your name is the easiest option because it is hard to forge and most people have one.

You will also need to verify that the documents you bring match your state's specific list. Do not assume that a document accepted in one state will be accepted in another. Check your state's DMV website or call your local office before you go, because bringing the wrong documents means a wasted trip and a delay in getting your license.

Using an ITIN or tax return instead of a Social Security number

An Individual Taxpayer Identification Number (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. If you have filed a federal tax return in the past three years, you have an ITIN. States that issue licenses to undocumented immigrants accept an ITIN in place of a Social Security number on the DMV process.

To get an ITIN, you file Form W-7 with the IRS. You can file it yourself or with the help of a tax preparer or community organization. The process takes four to six weeks. Once you have an ITIN, you can use it for any future DMV transaction in your state, so getting one is worth the time if you plan to renew your license later.

If you do not have an ITIN yet, some states allow you to bring a copy of your most recent federal tax return instead. The return must show your name and address and be dated within the past year. If you have never filed taxes, you will need to file a return or get an ITIN before you can get a license in most states that serve undocumented immigrants.

State-by-state differences in documents and fees

Requirements and fees vary significantly across the 21 states and Washington, D.C. that issue licenses to undocumented immigrants. California accepts a foreign passport, consular ID, or national ID for identity proof and charges $39 for a standard license or $48 for a REAL ID-compliant license. Colorado requires a foreign passport or consular ID and charges $20.20. Connecticut accepts foreign passports, consular IDs, and national IDs and charges $72. Illinois and New York both accept the same identity documents as Connecticut but charge $20 to $30 and $64 to $72 respectively, depending on whether you want a REAL ID-compliant license.

All of these states accept an ITIN or a recent tax return in place of a Social Security number, and all require proof of state residency dated within 60 to 90 days. The differences matter because a license that costs $20 in Colorado costs $72 in Connecticut, and some states renew licenses every two years while others renew every four or five years. For a complete list of all 21 states and their specific requirements, visit your state's DMV website or call the local office. Requirements change, and some states have updated their rules in the past two years, so do not rely on information from a friend or family member who got a license more than a year ago.

The DMV appointment and what to expect

Most states that issue licenses to undocumented immigrants require you to make an appointment at the DMV rather than walk in. You can usually book online through your state's DMV website or by phone. Bring all original documents—not photocopies—and arrive 15 minutes early. The DMV staff will check your documents against the state's requirements, take your photograph, and have you sign the process.

You will take a written test on traffic laws and road signs. The test is offered in multiple languages in most states. You will also take a driving test unless you already have a valid driver license from another state or country. If your foreign license is in a language other than English, bring a certified translation or an International Driving Permit (IDP) to show the DMV staff what you are licensed to drive.

Processing times vary. Some states issue a temporary license on the spot and mail the permanent one within two to four weeks. Others mail the license after they process your process, which can take up to six weeks. Ask the DMV staff when you should expect your license in the mail and what to do if it does not arrive.

Restrictions and marking on licenses issued to undocumented immigrants

Some states mark licenses issued to undocumented immigrants differently than standard licenses. California, Colorado, Connecticut, Illinois, and New York issue licenses that look identical to standard licenses and carry no special marking. Other states, such as Oregon and Washington, issue licenses that are marked "Not for Federal Purposes" or similar language. This marking means the license cannot be used as proof of legal presence for federal purposes, such as boarding a domestic flight, but it is valid for driving and state identification.

A few states impose additional restrictions. Some issue licenses that expire sooner than standard licenses—for example, every two years instead of every four or five years. Others require you to renew in person rather than by mail. Check your state's rules before you get your license so you understand what restrictions explore to you.

A driver license issued under these programs is not proof of legal immigration status and does not change your immigration status. It is a license to drive and a form of state identification. It does not make you a citizen, a permanent resident, or a legal resident. It is purely a driving document.

What to do if you live in a state that does not issue licenses to undocumented immigrants

If you live in a state that does not issue licenses to undocumented immigrants, you have no legal path to get one in that state. You cannot move to another state temporarily to get a license and then move back; most states require you to be a resident of that state to get a license, and residency is typically defined as living there for at least 30 days.

Some people in states without undocumented licensing programs travel to a neighboring state that does issue licenses, establish residency there (usually by renting a mailbox or using a friend's address), and get a license. This approach carries legal risk. If the DMV discovers you do not actually live in that state, your license can be revoked, and you may face fraud charges. The safer option is to use other forms of transportation or to move to a state that issues licenses to undocumented immigrants if that is possible for you.

Frequently Asked Questions

Can I use a driver license issued to an undocumented immigrant to board a domestic flight?

It depends on the state. If your license is marked "Not for Federal Purposes," you cannot use it to board a domestic flight. You will need a passport or other federal ID. If your license is not marked, you can use it to board a domestic flight, but TSA may ask additional questions about your identity and residency.

What happens if I get pulled over by police with this license?

A valid driver license issued by your state is proof that you are licensed to drive. Police will treat it the same way they treat any other license. However, if you are pulled over, you should know your rights: you do not have to answer questions about your immigration status, and you can ask to speak to a lawyer before answering any questions beyond providing your license and registration.

Can I renew my license by mail or online?

Most states allow you to renew by mail or online if your license has not expired and you have no changes to your address or name. Some states require in-person renewal for licenses issued to undocumented immigrants. Check your state's DMV website or call to confirm the renewal process before your license expires.

Will getting a driver license affect my immigration case or my ability to stay in the country?

A driver license does not change your immigration status or affect your case. It is a state document, not a federal one. However, if you are in removal proceedings or have a pending immigration case, talk to your immigration lawyer before you get a license, because the DMV may share information with federal agencies in some situations.

What if I fail the written or driving test?

You can retake the test. Most states allow you to retake the written test the same day or within a few days. The driving test usually requires you to schedule another appointment. There is no limit on how many times you can retake either test, though some states charge a fee for each attempt.