Twenty-one states and Washington, D.C. issue driver's licenses to undocumented immigrants
As of 2024, 21 states plus Washington, D.C. allow undocumented immigrants to obtain a standard driver's license or permit. These states are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and West Virginia. The District of Columbia also issues licenses to undocumented residents. Each state sets its own rules about what documents you need, how long the license lasts, and whether it can be used for federal purposes like boarding a plane.
The remaining 29 states do not issue standard licenses to undocumented immigrants. However, some of those states offer limited-purpose driver's licenses or driving permits that allow you to drive legally but cannot be used for federal identification or air travel. A handful of other states are considering or have recently passed legislation to change their policies, so the landscape continues to shift.
Key Takeaways
- Twenty-one states and D.C. issue full driver's licenses to undocumented immigrants with no citizenship requirement, though document requirements vary by state.
- Some states that do not issue standard licenses offer limited-purpose licenses that allow driving but cannot be used for federal ID or air travel.
- The documents you need to bring depend on your state—some accept foreign passports and consular IDs, while others require specific proof of residency or tax identification.
- A license issued to an undocumented immigrant in one state may not be recognized as valid federal ID in another state, even if you travel there.
States that issue standard driver's licenses to undocumented immigrants
California was the first state to pass this law, beginning in 2015. New York followed in 2019. The list has grown steadily since then. In these 21 states and D.C., you can walk into a Department of Motor Vehicles (or equivalent agency) and request a standard driver's license without proving citizenship or lawful immigration status.
The license you receive is identical to one issued to a citizen or legal resident—it has the same validity period, can be renewed the same way, and is recognized as valid ID for driving in all 50 states. However, it cannot be used for federal purposes like boarding a domestic flight or entering a federal building, unless your state has specifically negotiated an exception with the federal government (very few have).
The specific documents you need vary. Most states in this group accept a foreign passport, a consular ID card (like a Mexican matricula consular), proof of state residency (utility bill, lease, bank statement), and a tax identification number (ITIN). Some states also accept an Individual Taxpayer Identification Number (ITIN) in place of a Social Security number. A few states have slightly different rules—for example, New York accepts a foreign driver's license as proof of driving ability, while others require you to pass the written and road tests like anyone else.
States offering limited-purpose or driving-only licenses
Roughly a dozen states offer a middle ground: a license or permit that lets you drive legally but cannot be used for federal identification. These are sometimes called "driving-only" licenses, "limited-purpose" licenses, or "occupational" licenses. States in this category include Arizona, Georgia, Kansas, Mississippi, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, and Texas.
The rules for obtaining one differ from state to state. Some require proof of state residency and an ITIN; others have different document requirements. The license itself usually looks different from a standard license (often marked "Not for Federal Purposes" or similar) and expires on a different schedule. You can use it to drive and to show police during a traffic stop, but you cannot use it to board a plane, enter a federal courthouse, or access certain government buildings.
If you live in a state with a limited-purpose option and want to know whether it is right for your situation, contact your state's DMV directly—the rules are specific enough that a phone call or visit to their website will give you the clearest answer about what you can and cannot do with that license.
Document requirements across different states
States that issue standard licenses to undocumented immigrants generally require the same basic documents, but the specifics matter. You will typically need proof of identity (foreign passport, consular ID, or national ID card), proof of state residency (utility bill, lease agreement, bank statement, or insurance policy), and a tax identification number.
The tax ID requirement is important: if you do not have a Social Security number, you can obtain an Individual Taxpayer Identification Number (ITIN) from the IRS by filing a tax return, even without work authorization. Some states accept an ITIN; others require it. A few states also accept a matricula consular (a photo ID issued by a foreign consulate) as your primary identity document, while others do not.
Most states require you to pass the written knowledge test and the road test, just as any other applicant would. A handful waive the road test if you show a valid foreign driver's license, but this is not universal. Check your specific state's DMV website or call their customer service line to confirm what documents they accept and whether any tests can be waived.
How federal Real ID rules affect undocumented immigrants
The federal Real ID Act sets standards for what states must verify before issuing a driver's license that can be used for federal purposes—like boarding a domestic flight or entering a federal building. Real ID requires proof of lawful status in the United States. Because of this, a standard driver's license issued to an undocumented immigrant in California, New York, or another permitting state cannot be used as federal ID, even though it is a valid license for driving.
Starting in May 2025, you will need either a Real ID-compliant license, a passport, a military ID, or another federally approved document to board a domestic flight. If you have a standard license issued to an undocumented immigrant, you will need to bring your passport or another approved document instead. Some states have negotiated exceptions or issued special endorsements, but these are rare and state-specific.
This does not affect your right to drive. It only affects whether you can use that license for federal purposes. Driving within your state or across state lines remains legal with a standard driver's license issued by any state.
Recent changes and states considering new policies
Several states have recently changed their laws or are actively considering changes. Massachusetts passed legislation in 2022 allowing undocumented immigrants to obtain licenses, with implementation beginning in 2023. New Jersey passed a similar law in 2019. Michigan and other states have bills pending or under discussion.
Because state laws change, the number of states issuing licenses to undocumented immigrants may be different by the time you read this. The best way to find current information is to contact your state's DMV directly or visit their official website. Advocacy organizations like the National Immigration Law Center also maintain updated lists of state policies.
What happens if you move to a different state
If you have a driver's license issued by one state and move to another, your license remains valid for driving in the new state—even if the new state does not issue licenses to undocumented immigrants. You do not have to surrender it or get a new one when ready. However, when your license expires, you will not be able to renew it in the new state unless that state also issues licenses to undocumented immigrants.
Some people in this situation choose to renew their license by mail or online with their original state before moving, if that state allows it. Others wait until they move and then explore what options are available in their new state—which might include a limited-purpose license, a state ID card for non-driving purposes, or continuing to hold an out-of-state license. The rules vary, so it is worth asking your new state's DMV what your options are.
Frequently Asked Questions
Can I use a driver's license issued to an undocumented immigrant to fly on a domestic flight?
No, not as of May 2025. A standard driver's license issued to an undocumented immigrant is not Real ID-compliant and cannot be used for federal purposes. You will need a passport, military ID, or other federally approved document to board a domestic flight. Check the TSA website for the full list of acceptable documents.
If I get a driver's license in a state that allows it, can I use it in other states?
Yes, you can drive with it in all 50 states. It is a valid driver's license for the purpose of operating a vehicle. However, if you are pulled over by police in a state that does not issue licenses to undocumented immigrants, the officer may question why you have an out-of-state license. Your license itself is legal; the question is whether you are legally allowed to drive, which depends on your immigration status, not on where your license was issued.
What is the difference between a standard license and a limited-purpose license?
A standard license can be used for driving and for state ID purposes. A limited-purpose license can only be used for driving and showing to police during a traffic stop—it cannot be used for federal ID, air travel, or entering federal buildings. Limited-purpose licenses are issued in states that do not allow undocumented immigrants to get standard licenses.
Do I need a Social Security number to get a driver's license as an undocumented immigrant?
No. You can use an Individual Taxpayer Identification Number (ITIN) instead. You can obtain an ITIN by filing a tax return with the IRS, even if you do not have work authorization. Some states require an ITIN; others accept it as an alternative to a Social Security number. Check your state's specific requirements.
Will getting a driver's license affect my immigration case or status?
This is a question for an immigration attorney, not a DMV employee. The answer depends on your specific situation and the details of your case. Some people worry that providing information to the DMV could be shared with immigration authorities, but state DMVs and immigration enforcement are separate agencies with different rules about information sharing. An immigration lawyer can advise you on the risks and benefits in your particular case.