What you need to know about state driver license policies for undocumented immigrants

Twenty-one states and Washington, D.C. currently issue driver licenses to undocumented immigrants. These states have passed laws allowing people without lawful immigration status to obtain a standard driver license or a license specifically marked for that purpose. The rules vary significantly by state — some require an Individual Taxpayer Identification Number (ITIN), some accept consular documents, and some have no federal status requirement at all.

If you are an undocumented immigrant, your ability to get a driver license depends entirely on which state you live in or plan to move to. This matters because a driver license is often the only form of identification you can obtain, and it affects your ability to drive legally, rent a car, open a bank account, and travel within the United States.

Key Takeaways

  • Twenty-one states plus Washington, D.C. issue driver licenses to undocumented immigrants, but the rules and required documents differ by state.
  • Some states issue a standard license with no special marking, while others issue a license clearly labeled as not valid for federal purposes like boarding a plane.
  • Most states that allow undocumented immigrants to get licenses require proof of state residency, a Social Security Number or ITIN, and a valid passport or consular document.
  • States that do not issue licenses to undocumented immigrants may still offer an ID card for non-driving purposes, though this varies.

States that currently issue driver licenses to undocumented immigrants

The following states have laws permitting undocumented immigrants to obtain a driver license: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Tennessee, Utah, Vermont, Washington, and West Virginia. Washington, D.C. also issues licenses to undocumented immigrants.

Within this group, the licenses fall into two categories. Some states issue a standard driver license that looks and functions the same as any other license. Others issue a federal non-compliant license — a license that is valid for driving and state identification but is marked as not acceptable for federal purposes like 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, Washington, and West Virginia issue standard licenses. North Carolina and Tennessee issue federal non-compliant licenses. Washington, D.C. issues a standard license.

Documents you will need to provide

Each state has its own document requirements, but most states that issue licenses to undocumented immigrants ask for similar proof. You will typically need to show proof of state residency (such as a utility bill, lease, or bank statement), a valid passport or consular document from your country of origin, and proof of a tax identification number.

For the tax identification number, some states accept a Social Security Number if you have one. Most states also accept an Individual Taxpayer Identification Number (ITIN), which the IRS issues to people who file taxes but do not have a Social Security Number. You can explore for an ITIN through the IRS even if you are undocumented. A few states, including California and New York, do not require a Social Security Number or ITIN at all.

Some states accept a consular ID (an identification card issued by your country's consulate in the United States) in place of a passport. This is especially useful if your passport has expired or you do not have one. You will also need to provide your date of birth and pass a vision test, just as any other driver would.

How the process process works

The process is similar to explore for a license as a citizen or lawful resident, with one key difference: you will not be asked to prove your immigration status. You will visit your state's Department of Motor Vehicles (DMV) or equivalent agency, bring your required documents, and complete an process form.

You will take a written test covering traffic laws and road signs, and you will take a road test to demonstrate your driving skills. Some states allow you to take the written test in a language other than English if you request it. After you pass both tests, you will receive your license.

The timeline varies by state and by how busy your local DMV is. In most states, you can expect to receive your license within two to four weeks if you pass both tests on your first attempt. Some states issue the license the same day you pass the road test.

States that do not issue driver licenses to undocumented immigrants

Twenty-nine states do not issue driver licenses to undocumented immigrants. These states are: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Virginia, Wisconsin, and Wyoming.

In some of these states, you may still be able to obtain a state ID card for non-driving purposes. This card cannot be used to drive, but it can serve as identification for other activities. The rules for obtaining a state ID card vary — some states issue them to undocumented immigrants, and some do not. You will need to contact your state's DMV to find out what is available where you live.

What a federal non-compliant license means for you

If you live in North Carolina or Tennessee and obtain a federal non-compliant license, you can use it to drive and to identify yourself for most state and local purposes. However, you cannot use it to board a domestic flight, enter a federal building, or access certain federal services that require Real ID Act-compliant identification.

For driving purposes, a federal non-compliant license works exactly like any other license. Police will recognize it as valid proof that you are licensed to drive. The marking straightforward indicates that it does not meet the federal Real ID Act standard, which requires proof of lawful presence in the United States.

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, your existing license remains valid for driving in that new state. However, you will not be able to renew it there. When your license expires, you will need to follow that state's rules — which may mean you cannot obtain a new license.

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. You will need to provide the documents that state requires, which may be different from what your previous state asked for. Bring your expired license from your previous state if you have it, along with all other required documents.

Frequently Asked Questions

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

It depends on which state issued your license. If you have a standard driver license from states like California, New York, or Illinois, you can use it to board a domestic flight. If you have a federal non-compliant license from North Carolina or Tennessee, you cannot use it for federal purposes like flying. You would need a passport or other federal ID.

Do I need a Social Security Number to get a driver license as an undocumented immigrant?

Not in all states. California, New York, and a few others do not require a Social Security Number. Most other states that issue licenses to undocumented immigrants accept an ITIN instead. You can explore for an ITIN through the IRS without having a Social Security Number or lawful immigration status.

What if my passport is expired?

Many states accept an expired passport as proof of identity and date of birth. Some states also accept a consular ID card from your country's consulate, which may be easier to obtain if your passport has been expired for a long time. Contact your state's DMV to confirm what documents they accept.

Will getting a driver license affect my immigration case?

Getting a driver license does not change your immigration status or create a record that immigration authorities can use against you. However, this is a legal question that depends on your specific situation. If you have concerns, speak with an immigration attorney before explore.

Can I get a driver license in a state where I do not live?

No. You must show proof of residency in the state where you are explore. Residency proof usually means a utility bill, lease agreement, bank statement, or similar document showing your name and current address in that state. You cannot use a relative's address unless you actually live there.