What undocumented immigrants can and cannot do

Whether you can get a driver's license as an undocumented immigrant depends entirely on which state you live in. Some states issue licenses to anyone who can prove identity and residency, regardless of immigration status. Other states require proof of legal presence in the United States and will deny a license if you cannot provide it. A handful of states offer a separate document—sometimes called a driving permit or certificate—that functions like a license for driving but does not serve as federal identification.

The key difference is that a standard driver's license can be used as identification for federal purposes like boarding a domestic flight or entering a federal building. A state-issued driving permit for undocumented immigrants typically cannot. Both allow you to drive legally within that state.

Key Takeaways

  • Twenty-one states and Washington, D.C. issue standard driver's licenses to undocumented immigrants without requiring proof of legal immigration status.
  • Other states require proof of legal presence and will deny a license if you cannot show it, though some offer a separate driving permit instead.
  • A standard license issued to an undocumented immigrant works the same way as any other license for driving purposes within that state.
  • You will need to bring the same documents as any other applicant—proof of identity, proof of residency, and a Social Security number or an Individual Taxpayer Identification Number (ITIN).
  • States that issue licenses to undocumented immigrants do not report immigration status to federal authorities through the licensing process.

States that issue standard licenses without legal presence requirements

As of 2024, these states issue a standard driver's license to undocumented immigrants: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, North Carolina, Ohio, Oregon, Rhode Island, Utah, Vermont, Washington, and Washington, D.C.

In these states, you do not need to prove you are in the country legally. You will need to provide proof of identity (a passport, consulate ID, or other document your state accepts), proof of residency (a utility bill, lease, or bank statement), and either a Social Security number or an ITIN. The process and fees are the same as for any other applicant.

Each state's rules vary slightly. Some require an ITIN if you do not have a Social Security number; others accept alternative documents. Check your specific state's Department of Motor Vehicles website for the exact list of acceptable documents, as requirements change.

States that require proof of legal presence

Most states require proof that you are in the United States legally before issuing a driver's license. This proof typically means a valid visa, green card, employment authorization document (EAD), or other federal immigration document. If you cannot provide this proof, you will be denied a standard license.

Some of these states offer an alternative: a driving permit, certificate, or restricted license that allows you to drive but cannot be used as federal identification. The names and rules for these documents vary widely. A few states offer them; most do not. Contact your state's DMV directly to ask whether such a document exists in your state and what you would need to obtain it.

What documents you will need to bring

Regardless of which state you live in, you will need to gather documents before you go to the DMV. The standard requirements are proof of identity, proof of residency, and a tax identification number.

Proof of identity can be a passport, a consulate-issued ID card, a birth certificate with a photo ID, or other documents your state accepts. Some states accept a foreign driver's license. Check your state's DMV website for the full list.

Proof of residency is typically a utility bill, lease agreement, bank statement, or government mail showing your name and current address. The document usually must be dated within the last 60 days.

Tax identification can be a Social Security number or an ITIN. An ITIN is issued by the Internal Revenue Service to people who file taxes but do not have a Social Security number. You can explore for an ITIN through the IRS website or by mail using Form W-7.

How immigration status and driver's licenses are kept separate

States that issue licenses to undocumented immigrants do not share immigration information with federal immigration authorities through the licensing process. The DMV does not report your immigration status to U.S. Immigration and Customs Enforcement (ICE) or any other federal agency based on what you tell them when you explore for a license.

However, if you are pulled over by police, a law enforcement officer can run your license and may discover your immigration status through other means—such as a background check or if you volunteer the information. Getting a driver's license does not protect you from immigration enforcement, and it does not change your legal status.

Some states do share DMV data with federal agencies for other purposes, such as verifying identity for Real ID compliance. But the act of obtaining a license in a state that allows it does not trigger an immigration report.

Real ID compliance and undocumented immigrants

Real ID is a federal standard that requires driver's licenses and state ID cards to meet certain security and verification requirements. As of May 2025, a Real ID-compliant license is required to board a domestic flight or enter a federal building.

Most states that issue licenses to undocumented immigrants do not issue Real ID-compliant licenses to them. Instead, they issue a standard license that works for driving and state identification but cannot be used for federal purposes like air travel. If you need to fly domestically, you will need a passport or another federal document.

A few states—such as New York—do issue Real ID-compliant licenses to undocumented immigrants, though the process and requirements may differ slightly. Check your state's DMV website to see whether Real ID licenses are available to you.

What happens if you are denied a license

If your state requires proof of legal presence and you cannot provide it, the DMV will deny your process. You will receive a written denial explaining the reason. You can reapply if your immigration status changes.

Some states allow you to appeal a denial or request a hearing. The process varies by state. If you are denied, ask the DMV for information about your state's appeal process and whether a driving permit or alternative document is available.

If you live in a state that denies licenses to undocumented immigrants and you need to drive, you may want to explore whether a neighboring state issues licenses that are recognized in your state, though this is not a reliable long-term solution and carries legal risks.

Frequently Asked Questions

Will getting a driver's license put me at risk of deportation?

Getting a license in a state that allows it does not trigger an immigration report to federal authorities. However, a license does not protect you from immigration enforcement. If you are stopped by police for any reason, they can discover your immigration status through other means. The license itself is not the risk; it is the interaction with law enforcement that could be.

Can I use a driver's license issued to an undocumented immigrant to fly domestically?

Only if your state issues a Real ID-compliant license to undocumented immigrants. Most states do not. If your license is not Real ID-compliant, you will need a passport, passport card, or other federal document to board a domestic flight. Check your state's DMV website to see whether Real ID licenses are available to you.

What is an ITIN and how do I get one?

An ITIN is an Individual Taxpayer Identification Number issued by the IRS. It allows you to file taxes and open a bank account even if you do not have a Social Security number. You can explore by completing Form W-7 and mailing it to the IRS with proof of identity and residency. Processing takes several weeks. Many DMVs accept an ITIN in place of a Social Security number when you explore for a license.

Can I renew a license I got in a state that allows undocumented immigrants if I move to a state that does not?

No. When you move to a new state, you must obtain a license from that state. If the new state requires proof of legal presence and you cannot provide it, you will be denied. Your old license remains valid for driving in the state that issued it, but you cannot use it as your primary license in a new state.

Do I need to report my immigration status when I explore for a driver's license?

No. You do not need to volunteer your immigration status. You only need to provide the documents your state requires. If your state does not require proof of legal presence, you are not asked about it. If your state does require it, you will be asked to provide documentation, and if you cannot, your process will be denied.