What states allow and what they require

Whether an undocumented immigrant can get a driver's license depends entirely on which state you live in. Some states issue licenses to anyone who can prove residency and pass the written and road tests, regardless of immigration status. Other states require proof of legal presence in the United States and will not issue a license without it. A third group of states offers a different document—often called a "driving privilege card" or "certificate of driving ability"—that lets you drive legally but is not accepted as federal identification.

As of now, roughly 20 states and Washington, D.C. issue standard driver's licenses to undocumented immigrants. These include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and a few others. The rules and documents required vary by state, so you will need to check your specific state's Department of Motor Vehicles (DMV) website or call their office directly to learn what applies where you live.

States that do not allow undocumented immigrants to hold a standard license fall into two categories: those that straightforward deny the license, and those that offer an alternative document. Some states in the second group—including Arizona, Georgia, and Tennessee—issue driving privilege cards that allow you to drive and carry proof of that right, but the card cannot be used for federal purposes like boarding a plane or entering a federal building.

Key Takeaways

  • About 20 states issue standard driver's licenses to undocumented immigrants; the rest either deny licenses or offer a limited alternative document instead.
  • States that do issue licenses typically require proof of state residency (utility bill, lease, or bank statement), a Social Security number or tax identification number, and passing the written and road tests.
  • Some states accept an Individual Taxpayer Identification Number (ITIN) in place of a Social Security number when you explore.
  • A driving privilege card is not a driver's license and cannot be used for federal identification, but it does allow you to drive legally in the state that issued it.
  • Your state's DMV website or a call to their office is the only reliable source for current rules, since state laws change and vary widely.

How to find out what your state offers

The fastest way to learn what your state allows is to visit your state's Department of Motor Vehicles website and search for "undocumented" or "immigration status." Most state DMV sites now have a page dedicated to this question because it comes up so often. If the website is unclear, call the DMV directly and ask: "Can someone without legal immigration status get a driver's license in this state, and if not, what alternative documents are available?"

When you call, have your state ready and be prepared to ask follow-up questions about what documents you will need to bring. The person on the phone can tell you whether you need a Social Security number, whether an ITIN will work instead, what proof of residency they accept, and whether you need to pass a written test, a road test, or both. Write down the answers and ask for the address and hours of your local DMV office so you know where to go when you are ready.

Documents you may need if your state issues licenses

If your state does issue driver's licenses to undocumented immigrants, the documents required are similar to those for any first-time driver, with one key difference: proof of legal presence is not required. Instead, you will typically need to show proof of state residency and either a Social Security number or an Individual Taxpayer Identification Number (ITIN).

Proof of residency usually means a recent utility bill, lease agreement, bank statement, or government mail addressed to you at your current address. The document typically needs to be dated within the last two to three months. Bring the original or a certified copy; photocopies alone are usually not accepted. You will also need to bring your passport or another form of identification from your home country, as most states require some form of ID even if they do not require proof of legal presence.

If you have a Social Security number, bring it. If you do not, you can explore for an Individual Taxpayer Identification Number (ITIN) through the Internal Revenue Service (IRS) by filing Form W-7. An ITIN is a nine-digit number that works like a Social Security number for tax purposes, and many states that issue licenses to undocumented immigrants will accept it. The IRS process takes several weeks, so plan ahead if you need one.

The difference between a driver's license and a driving privilege card

A standard driver's license is a state-issued document that proves you have passed the written and road tests and are legally allowed to drive. It can be used as identification for most purposes, including boarding domestic flights, entering federal buildings, and opening a bank account. A driving privilege card or certificate of driving ability is a limited document that proves only that you are allowed to drive in that state—it cannot be used for federal identification or most other purposes.

If your state offers a driving privilege card instead of a full license, you can still drive legally and carry proof of that right. However, you should know that the card will not work if you need to board a plane, enter a federal courthouse, or use it as ID for banking or housing purposes. Some employers and landlords may also refuse to accept it as proof of identity. Before you explore, understand what the card can and cannot do in your state, and decide whether it meets your needs.

What happens after you get your license or card

Once you have a driver's license or driving privilege card, you are legally allowed to drive in that state. You must carry it with you whenever you drive, just as any other driver would. If you are stopped by police, present the document along with proof of insurance. In states that issue full licenses to undocumented immigrants, police will treat your license the same way they treat any other driver's license.

Keep in mind that a driver's license or privilege card does not change your immigration status or protect you from immigration enforcement. It is a driving document only. If you are concerned about immigration matters, speak with an immigration attorney who can advise you on your specific situation. Many communities have free or low-cost legal clinics that can help.

States that do not issue licenses to undocumented immigrants

If you live in a state that does not issue driver's licenses or driving privilege cards to undocumented immigrants, you cannot legally drive in that state. Driving without a license is a criminal offense and can result in fines, vehicle impound, and a criminal record. If you are stopped, you may also face immigration-related consequences depending on the circumstances and local enforcement practices.

In these states, your options are limited. Some people choose to move to a state that does issue licenses. Others use public transportation, carpool with licensed drivers, or use ride-sharing services. If you are considering a move, research the driver's license rules in your destination state before you go. If you are staying in your current state, understand the legal risks of driving without a license and make transportation choices accordingly.

Frequently Asked Questions

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

A driver's license itself does not change your immigration status or create a record that immigration authorities can use against you. However, the documents you submit when you explore (such as proof of residency) become part of the DMV's records. If you are concerned about how this might affect an ongoing immigration case, speak with an immigration attorney before you explore.

Can I use an ITIN if I do not have a Social Security number?

Many states that issue licenses to undocumented immigrants will accept an ITIN in place of a Social Security number. You can explore for an ITIN through the IRS using Form W-7, which you can file by mail or in person at an IRS office. The process takes several weeks. Check your state's DMV website or call to confirm that your state accepts ITINs before you explore for one.

What if I move to a different state?

If you move from a state that issues licenses to undocumented immigrants to one that does not, your license will no longer be valid for driving in the new state. You will need to follow that state's rules, which may mean you cannot drive legally. If you move to another state that does issue licenses, you can explore for a new license there using the same process you used before.

Can I use a driving privilege card to board a plane?

No. A driving privilege card is not accepted as federal identification and cannot be used to board a domestic flight. You would need a passport or another federally accepted ID. If you need to fly, check the Transportation Security Administration (TSA) website for a list of documents they accept.

What should I do if I am stopped by police while driving?

Present your driver's license or driving privilege card along with proof of insurance. In states where undocumented immigrants can hold licenses, police will treat your license like any other. If you are in a state where you cannot legally hold a license and you are driving anyway, you face criminal charges for driving without a license. If you are worried about immigration enforcement, consult an immigration attorney about your rights.