What the current state-by-state landscape looks like

Twenty-one states plus Washington, D.C., currently issue driver's licenses or driving privilege cards to people without lawful 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. The rules, document requirements, and what the license says on it vary significantly between them.

The remaining 29 states do not issue licenses to undocumented immigrants. Some explicitly prohibit it by law; others straightforward require proof of lawful presence or a valid Social Security number, which creates a practical barrier. A few states have proposed legislation but have not yet enacted it. The landscape has shifted gradually over the past 15 years, with most recent additions happening between 2019 and 2023.

This matters because a driver's license is often the only form of identification accepted for routine transactions—banking, renting, boarding a plane domestically, or proving age. A driving privilege card, which some states issue instead, may not work for all of these purposes.

Key Takeaways

  • Twenty-one states and Washington, D.C., issue standard driver's licenses or driving privilege cards to undocumented immigrants; the other 29 states do not.
  • Document requirements differ by state but typically include proof of identity (passport, consular ID, or birth certificate), proof of residence, and a valid Social Security number or an Individual Taxpayer Identification Number (ITIN).
  • Some states issue a standard license identical to those for citizens; others issue a card marked "not for federal purposes" that cannot be used for air travel or federal building entry.
  • Fees, renewal periods, and whether you must pass a written test vary by state, so you must check your specific state's DMV website for exact requirements.

States that issue standard driver's licenses

California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Utah, Vermont, Washington, and West Virginia issue a standard driver's license to undocumented immigrants. These licenses look the same as those issued to citizens and can be used for all purposes a regular license allows—including domestic air travel, entering federal buildings, and opening bank accounts.

The process in most of these states is identical to the process for citizens: you provide proof of identity, proof of residence, pass a written test, and pass a vision test. The main difference is that you may use an ITIN instead of a Social Security number, or you may present a consular ID (such as a Mexican matricula consular) as proof of identity instead of a U.S. birth certificate or passport.

California and New York, which together issue roughly half of all licenses to undocumented immigrants, accept a wide range of identity documents including foreign passports, consular IDs, and even some state-issued ID cards from other countries. Both states also accept an ITIN in place of a Social Security number. Fees are the same as for citizens, and licenses are valid for five to eight years depending on the state.

States that issue driving privilege cards

North Carolina, Ohio, and Rhode Island issue a driving privilege card instead of a standard license. These cards allow you to drive legally in that state and are recognized by law enforcement, but they are marked "not for federal purposes" and cannot be used for domestic air travel, entering federal buildings, or in some cases opening a bank account.

The process process is similar to that for a standard license—you provide proof of identity and residence, pass a vision test, and usually pass a written test. Fees are typically lower than for a standard license. The card itself is valid for the same period as a standard license in that state, usually four to eight years.

If you plan to travel by air domestically or need ID for federal purposes, a driving privilege card will not work. You would need a passport or passport card instead. Some banks and financial institutions will not accept a driving privilege card as proof of identity, so you should contact your bank before opening an account.

Document requirements across states that issue licenses

All states that issue licenses to undocumented immigrants require proof of identity and proof of residence. The specific documents accepted vary, but here are the most common:

  • Proof of identity: foreign passport, consular ID (matricula consular), birth certificate, or in some states a national ID card from another country.
  • Proof of residence: utility bill, lease agreement, mortgage statement, or bank statement showing your name and address. The document must usually be dated within the past 60 days.
  • Tax identification: Social Security number, or if you do not have one, an Individual Taxpayer Identification Number (ITIN). Some states accept neither and issue a license without either.
  • Proof of state residency: some states require you to show you have lived in the state for a minimum period, usually 30 days, before you can explore.

A few states have unique requirements. New York accepts an ITIN and does not require a Social Security number. California accepts a consular ID as your sole proof of identity. Vermont allows you to use a lease agreement or utility bill as proof of both identity and residence if it shows your name. Check your state's DMV website for the exact list of accepted documents before you gather them.

How to learn about your state issues licenses to undocumented immigrants

The fastest way is to visit your state's DMV website and search for "undocumented" or "ITIN" or "driving privilege card." Most state DMV sites now have a dedicated page explaining whether they issue licenses and what documents you need. If the website is unclear, call the DMV directly and ask: "Does your state issue a driver's license to people without lawful immigration status?"

If your state does not issue licenses to undocumented immigrants, you have limited options. Some people obtain a passport or passport card from their country of origin, which can be used for some purposes (opening a bank account, for example) but not for driving. A few states allow you to obtain a state ID card for non-driving purposes, though these also typically require proof of lawful presence. Check your state's DMV website for what ID options are available to you.

If you are in a state that does issue licenses, the process process usually takes 15 to 30 minutes at a DMV office, though wait times vary. Some states allow you to make an appointment online; others operate on a first-come, first-served basis. Bring all required documents in original form or certified copies—photocopies are usually not accepted.

What happens after you get a license

Once you have a driver's license or driving privilege card, you can legally drive in that state. You must follow all traffic laws and carry your license whenever you drive. If you are pulled over by law enforcement, present your license as you normally would. Having a license does not change your immigration status or create any legal record that could be used against you in immigration proceedings.

Your license will expire after a set period—usually four to eight years depending on the state. You will receive a renewal notice in the mail before expiration. Renewal is typically cheaper than the initial license and may not require you to retake the written test, though you will usually need to pass a vision test and provide updated proof of residence.

If you move to another state, your license from the first state remains valid in that state for driving purposes, but you cannot use it to prove residency in your new state. If you want to obtain a license in your new state, you will need to explore through that state's DMV using the same process you used before.

Frequently Asked Questions

Can I use a driver's license from one state to drive in another state?

Yes. A valid driver's license from any state allows you to drive legally in all other states. However, if you move to a new state and want to obtain a license there, you must explore through that state's DMV. Some states require you to obtain a new license within 30 to 60 days of moving; others do not. Check your new state's DMV website.

What if I fail the written test or vision test?

You can retake the test. Most states allow you to retake the written test the same day or within a few days. The vision test can usually be retaken when ready if you fail. There is typically a small fee each time you retake a test. You do not lose your process or have to start over.

Will getting a driver's license affect my immigration case or status?

A driver's license is a state document, not a federal immigration document. Obtaining one does not change your immigration status. However, the DMV may share information with federal agencies in certain circumstances. If you have concerns about your specific situation, speak with an immigration attorney before explore.

Can I renew my license online or by mail?

Some states allow online or mail renewal for standard renewals if your license is not expiring soon and you have not had a change of address. Others require you to appear in person. Check your state's DMV website or call to find out what renewal options are available to you.

What is the difference between a driver's license and a driving privilege card?

A driver's license allows you to drive and can be used for federal purposes like air travel and entering federal buildings. A driving privilege card allows you to drive but is marked "not for federal purposes" and cannot be used for air travel or federal building entry. Some banks and businesses may not accept a driving privilege card as ID.