Twenty-one states and the District of Columbia currently issue driver's licenses or permits to people without lawful immigration status

As of 2024, 21 states plus Washington, D.C. have laws permitting driver's licenses or driving permits for undocumented immigrants. These states are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming. The District of Columbia also issues licenses under this policy.

The remaining 29 states do not issue licenses to people without lawful immigration status. Some of these states have explicit prohibitions in law; others straightforward require proof of legal presence or a valid Social Security number as part of the standard licensing process. A handful of states have proposed legislation in recent years but have not yet enacted it into law.

The specific documents required, the type of license or permit issued, and the renewal timeline vary significantly between states that do allow this. Some issue a standard driver's license identical to one issued to citizens; others issue a distinct permit marked as valid only for driving, not for federal purposes like boarding a domestic flight.

Key Takeaways

  • Twenty-one states and D.C. issue driver's licenses or permits to undocumented immigrants; 29 states do not.
  • States that issue licenses typically require an Individual Taxpayer Identification Number (ITIN) or state tax ID instead of a Social Security number.
  • Some states issue a standard license; others issue a separate permit marked as not valid for federal identification purposes.
  • Renewal periods, fees, and document requirements differ by state even among those with similar policies.
  • State law on this topic can change; checking your state's DMV website directly is the only way to confirm current policy.

Documents typically required in states that issue licenses to undocumented immigrants

States that permit licenses for undocumented immigrants usually require proof of identity, proof of state residency, and proof of a tax identification number. The most common tax ID is an Individual Taxpayer Identification Number (ITIN), issued by the Internal Revenue Service. Some states also accept a state-issued tax ID or an Individual Number for Taxation (ITIN equivalent issued by the state).

Proof of identity often includes a passport, consular ID card, or national ID from the applicant's country of origin. Proof of residency typically requires a utility bill, lease, bank statement, or government mail showing the applicant's name and current address. Some states accept an affidavit of residency if the applicant cannot produce a standard document.

Most states do not require a Social Security number for undocumented immigrants, though a few ask for one if the applicant has one. The absence of a Social Security number does not disqualify an applicant in states with this policy. Fees for licenses or permits are usually the same as for standard licenses, though a few states charge a slightly lower fee for a permit with restricted use.

Difference between a standard license and a restricted permit

In some states that issue licenses to undocumented immigrants, the license is identical to a standard driver's license and can be used for any purpose a regular license serves, including boarding a domestic flight or entering a federal building. California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and Wyoming all issue standard licenses with no federal restrictions.

West Virginia and the District of Columbia issue a permit or license marked as not valid for federal identification purposes. This means the document cannot be used to board a domestic flight, enter a federal courthouse, or access certain federal facilities. It is valid only for driving and for state-level identification. The marking is typically printed on the face of the card or in the document type field.

The distinction matters if you plan to travel by air or need to enter federal buildings. If you live in a state that issues a restricted permit, you will need a passport or other federal ID for those purposes. Standard licenses issued in the other 19 states and D.C. do not carry this limitation.

How to learn about your state issues licenses to undocumented immigrants

The fastest way to confirm your state's current policy is to visit your state's Department of Motor Vehicles website directly and search for "undocumented" or "ITIN." Most state DMV sites have a dedicated page or FAQ section explaining who can obtain a license and what documents are required. The policy can change when new legislation passes, so the DMV website is the authoritative source.

If your state's website does not clearly state the policy, you can call the DMV's main customer service line and ask directly whether a driver's license or permit is available to someone without lawful immigration status. Have your state name ready and be prepared to ask what documents you would need. Some DMV phone lines have long wait times, so calling early in the day or using an online chat feature (if available) may be faster.

Immigrant advocacy organizations in your state may also have current information and can sometimes help you gather the required documents or understand the process. These organizations are often listed on your state's DMV website or can be found through a local legal aid office.

States that explicitly prohibit licenses for undocumented immigrants

Twenty-nine states have laws or policies that do not issue driver's licenses to people without lawful immigration status. These include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, and Wisconsin.

In these states, a standard driver's license process requires proof of lawful presence in the United States, typically shown through a valid passport, visa, employment authorization document, or other federal immigration document. Some states also accept a valid Social Security number as indirect proof of lawful status. Without one of these documents, the DMV will deny the process.

A few of these states have proposed legislation to change this policy in recent years, but no additional states have enacted such laws as of early 2024. Policy can shift with new administrations or legislative sessions, so checking your state DMV's website remains the only reliable way to confirm current rules.

Renewal timelines and fees for undocumented immigrants

In states that issue licenses to undocumented immigrants, renewal periods are typically the same as for standard licenses: usually 4, 5, or 8 years depending on the state. California, for example, issues licenses valid for 5 years; New York issues them for 8 years. The renewal process is the same as for any other driver: you submit an process, provide updated documents if required, and pay the renewal fee.

Fees for initial issuance and renewal are usually identical to those charged for standard licenses in the same state. A few states charge a slightly lower fee for a restricted permit (one marked as not valid for federal purposes), but most charge the full standard fee. Some states waive certain fees for low-income applicants, though this varies by state and is not specific to undocumented immigrants.

You will need to renew your license or permit before it expires, just as anyone else would. If your license expires while you are out of state or if you lose it, the replacement or renewal process is the same as for any driver. Some states allow online renewal; others require an in-person visit to a DMV office.

What happens if you move to a different state

If you move from a state that issues licenses to undocumented immigrants to a state that does not, you cannot transfer your license. You will need to surrender it and cannot obtain a new license in the new state unless you have lawful immigration status. The same applies in reverse: if you move from a state that does not issue licenses to one that does, you can explore for a new license in your new state once you meet the residency requirement (usually 30 to 60 days).

When you move, you are required by law to update your address with the DMV in your new state within a set timeframe, typically 10 to 30 days. If you hold a license from a state that does not recognize undocumented status, you will need to address this before you can renew or update your license in the new state. Some people in this situation choose to keep their out-of-state license for as long as it remains valid, though this is not legal if you have established residency in the new state.

The safest approach is to research your new state's policy before you move and plan accordingly. If you are moving to a state that does not issue licenses to undocumented immigrants, you may want to renew your current license before you leave your current state, if possible.

Frequently Asked Questions

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

It depends on your state. If you live in one of the 19 states that issues a standard driver's license (not a restricted permit), you can use it to board a domestic flight. If your state issues a permit marked as not valid for federal purposes (West Virginia or D.C.), you cannot use it for air travel and will need a passport or other federal ID instead.

What is an ITIN and how do I get one?

An Individual Taxpayer Identification Number (ITIN) is a nine-digit number issued by the Internal Revenue Service to people who need to file taxes but do not have a Social Security number. You can explore for an ITIN by filing Form W-7 with the IRS, either by mail or through an authorized IRS agent. Many immigrant advocacy organizations and tax preparation services can help you explore.

If I get a driver's license in a state that allows it, can immigration authorities use it against me?

A driver's license is a state document, not a federal immigration document. Obtaining one does not change your immigration status or create a record with federal immigration authorities. However, if you are stopped by police, a license showing your current address could be used in an immigration enforcement action. This is a legal question that varies by circumstance; consider speaking with an immigration attorney about your specific situation.

Can I renew my license online if I am an undocumented immigrant?

Some states allow online renewal for all drivers, including those without lawful immigration status, as long as your license has not expired by more than a certain number of years. Other states require an in-person visit. Check your state DMV website for the renewal options available in your state.

What if my state does not issue licenses to undocumented immigrants but I need to drive?

In states that do not issue licenses to undocumented immigrants, driving without a license is illegal and can result in fines, vehicle impoundment, and criminal charges. Some people in this situation move to a neighboring state that does issue licenses, though this requires establishing residency. Others use public transportation or rideshare services. An immigration attorney can discuss your options based on your specific circumstances.