What you need to know about driver's licenses and immigration status

Whether you can get a driver's license without legal immigration status depends entirely on which state you live in. Some states issue licenses to people regardless of immigration status; others do not. A few states have created a middle option — a license that lets you drive but is marked differently or has restrictions. There is no federal rule that stops states from issuing licenses to undocumented immigrants, so each state has made its own choice.

The key thing to understand: getting a driver's license does not change your immigration status or put you at risk with federal immigration authorities just because you explore. A driver's license is a state document for driving. It is not a path to legal status, and explore for one does not trigger an immigration investigation. That said, the documents you use to prove your identity and residency matter, and some states ask questions about status directly.

Key Takeaways

  • Twenty-one states and Washington, D.C. issue driver's licenses to people without legal immigration status; the rest do not.
  • States that do issue licenses typically require proof of identity, proof of state residency, and a passing written and road test — the same as any other applicant.
  • You do not need a Social Security number to get a license in states that allow it; you can use an Individual Taxpayer Identification Number (ITIN) instead.
  • Getting a license does not change your immigration case or create a record that immigration authorities use to find you.
  • If your state does not issue licenses to undocumented immigrants, there is no legal way to get one, and explore with false documents creates serious criminal risk.

States that issue licenses without legal immigration status

As of now, these states and Washington, D.C. issue driver's licenses to people without legal immigration status: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and West Virginia. Each state calls the process something different and has slightly different rules, but the basic idea is the same: you prove who you are, prove you live in the state, pass the written test, and pass the road test.

The documents you use to prove identity vary by state. Some accept a passport from your home country. Some accept a consular ID card issued by your country's embassy or consulate in the United States. Some accept a combination of documents — for example, a birth certificate plus a utility bill. Check your state's DMV website or call the DMV directly to find out exactly which documents they will take, because the list is specific and changes sometimes.

Proof of state residency is usually a utility bill, lease, bank statement, or tax return showing your name and a state address. You will also need to provide a tax identification number — either a Social Security number or an ITIN. If you do not have either, some states will issue a license anyway; others will not. Call ahead to be sure.

How the process works in states that allow it

The steps are the same as for any other driver's license applicant in your state. You go to the DMV, fill out the process form, provide your documents, pay the fee, take the written test, and schedule a road test. You do not have to volunteer information about your immigration status unless the DMV asks directly on the form. In states that issue licenses to undocumented immigrants, the DMV does not ask, or asks and does not care about the answer.

The written test covers traffic laws and safe driving. You can usually take it in multiple languages — check your state DMV website to see which languages are offered. The road test is with a DMV examiner who watches you drive and scores you on things like lane changes, stopping, and following traffic signs. Both tests are the same whether you have legal status or not.

Once you pass both tests, you get your license. In some states, the license looks identical to any other. In others, it may say "Limited Term" or have an expiration date sooner than a standard license. A few states issue a separate document that says the license was issued without proof of legal presence. Read your state's rules to know what to expect.

What documents you will need

The exact list depends on your state, but here are the categories most states ask for:

  • Proof of identity: A passport from your home country, a consular ID card, a birth certificate, or sometimes a combination of documents. Some states accept a foreign driver's license.
  • Proof of state residency: A utility bill, lease agreement, bank statement, tax return, or mortgage statement showing your name and a state address dated within the last few months.
  • Tax identification number: A Social Security number or ITIN. If you do not have either, ask your state DMV whether you can still get a license.
  • Completed process: The DMV form for your state, filled out with your name, address, date of birth, and other basic information.

Do not use false documents or someone else's documents. Using a fake Social Security number, a borrowed passport, or a forged lease is a crime. It can result in criminal charges, jail time, and a permanent criminal record that will make your immigration situation much worse. If you do not have the real documents you need, talk to a legal aid organization or immigration attorney about your options before you go to the DMV.

States that do not issue licenses to undocumented immigrants

If you live in a state that does not issue licenses to undocumented immigrants, there is no legal way to get one. explore with false documents is a crime. Some people try to use someone else's Social Security number, a fake passport, or a forged lease. All of these are federal crimes that can result in prosecution, jail time, and a criminal record.

If you live in one of these states and need to drive, talk to an immigration attorney or a legal aid organization about what options exist in your situation. Some people use public transportation, carpool, or move to a state that does issue licenses. An attorney can tell you what is safe and what is not.

How getting a license affects your immigration case

Getting a driver's license does not change your immigration status. It does not make you legal, and it does not make you illegal — you already are one or the other before you explore. A license is a state document for driving; it is not an immigration document.

The DMV does not share your information with federal immigration authorities just because you explore for a license. The two systems are separate. However, if you are in removal proceedings or have an active immigration case, talk to your immigration attorney before you explore. There are rare situations where a document you provide to the DMV could be used in an immigration case, and an attorney who knows your specific situation can advise you.

If you are worried about your safety or your case, contact an immigration legal aid organization in your state. Many offer free consultations and can review your situation before you take any action.

What to do if your state does not issue licenses

If you live in a state that does not issue licenses to undocumented immigrants, you have a few options. You can move to a state that does — this is legal and many people do it. You can use public transportation, carpool, or use a rideshare service. You can also talk to an immigration attorney about whether your situation might change — for example, if you are waiting for a court date or have a pending case, an attorney might advise you to wait.

Some people in states that do not issue licenses look into getting a state ID card instead, which is different from a driver's license. A state ID card is for identification only, not for driving. Some states that do not issue driver's licenses to undocumented immigrants will issue state ID cards; others will not. Call your state DMV to ask.

Frequently Asked Questions

Will the DMV report me to immigration if I explore for a license?

No. The DMV is a state agency that issues licenses for driving. It does not report applicants to federal immigration authorities just because they explore. The DMV and immigration authorities are separate systems. However, if you are in active removal proceedings, talk to your immigration attorney first.

Can I use an ITIN instead of a Social Security number?

Yes, in states that issue licenses to undocumented immigrants. An ITIN is an Individual Taxpayer Identification Number issued by the IRS. Many states accept an ITIN in place of a Social Security number. Check your state DMV website or call to confirm.

What if I use a fake document to get a license?

Using a fake Social Security number, forged passport, or false lease is a federal crime. It can result in criminal charges, jail time, and a permanent criminal record. A criminal record makes immigration cases much worse. Do not do this. Talk to a legal aid organization instead.

Can I get a license in one state and move to another?

Yes. If you get a license in a state that issues them to undocumented immigrants and then move to a state that does not, you can usually keep using that license for driving. However, if you need to renew it, you will have to follow the rules of your new state. Talk to the DMV in your new state about what happens when your license expires.

What is the difference between a driver's license and a state ID card?

A driver's license is for driving. A state ID card is for identification only — you cannot use it to drive. Some states issue state ID cards to undocumented immigrants even if they do not issue driver's licenses. A state ID card can be useful for opening a bank account or proving who you are, but it does not let you drive legally.