What You Can Do Right Now
Yes, you can get a driver's license in the United States without legal immigration status. Nineteen states plus Washington, D.C., and Puerto Rico issue driver's licenses to undocumented immigrants. These states do not require proof of legal residency or citizenship to obtain a standard license. The rules differ sharply by state — some ask only for an ID number from your home country, while others require an ITIN (Individual Taxpayer Identification Number) issued by the IRS. A few states issue licenses that work only within that state and cannot be used for federal purposes like boarding a domestic flight.
The states that allow this are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and Washington, D.C. Each has its own document requirements and fee structure. If you live in a state that does not offer this option, you cannot get a standard driver's license without proof of legal status — though some states offer an alternative ID card for driving purposes only.
Key Takeaways
- Nineteen states plus D.C. and Puerto Rico issue driver's licenses to undocumented immigrants, but the documents you need vary by state.
- Most states that allow this require either an ITIN, a consular ID card, or a passport from your home country — not a Social Security number.
- Some states issue a standard license that works everywhere; others issue a license valid only within that state and not for federal purposes.
- You will need to prove your identity, prove your state residency, and pass a written test and driving test, just as any other applicant would.
- If your state does not allow undocumented immigrants to get a license, you cannot legally drive, and doing so can result in arrest, fines, and vehicle impound.
Which States Allow Licenses for Undocumented Immigrants
The nineteen states that issue licenses to undocumented immigrants are spread across the country, but they cluster in the West and Northeast. California was the first, starting in 2015. The most recent additions are Minnesota and Washington, which began issuing licenses in 2021 and 2020 respectively. Each state's DMV website lists the specific documents required and the fee, which ranges from about $30 to $150 for a first-time license.
The type of license matters. California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, and Washington issue a standard Real ID-compliant or non-compliant driver's license that works for driving in all fifty states. Minnesota and Washington, D.C., issue licenses that are valid for driving but marked as not acceptable for federal identification purposes — meaning you cannot use them to board a domestic flight or enter a federal building. Puerto Rico issues a standard license with no federal restrictions.
If you live in a state not on this list, you have no legal path to a driver's license without proof of legal status. Driving without a license in those states is a criminal offense, and police can impound your vehicle and arrest you.
Documents You Will Need by State
The documents required fall into three categories: proof of identity, proof of state residency, and proof of your Social Security number or tax ID. Because you do not have a Social Security number, you will use an ITIN instead. An ITIN is a nine-digit number issued by the IRS to people who file taxes but are not may be able to access for a Social Security number. You can obtain one by filing a tax return with the IRS, even if you did not earn income in the United States.
| State | Identity Document | Tax ID Requirement | Residency Proof |
|---|---|---|---|
| California | Passport, consular ID, or foreign driver's license | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Colorado | Passport or consular ID | ITIN | Utility bill, lease, or insurance document |
| Connecticut | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Delaware | Passport or consular ID | ITIN | Utility bill, lease, or mortgage document |
| Hawaii | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Illinois | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Maryland | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Minnesota | Passport or consular ID | ITIN | Utility bill, lease, or bank statement |
| Nevada | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| New Mexico | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| New York | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Oregon | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Rhode Island | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Utah | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Vermont | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Washington | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Washington, D.C. | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
| Puerto Rico | Passport or consular ID | ITIN or Social Security number | Utility bill, lease, or bank statement |
The most common identity documents are a passport from your home country, a consular ID card (also called a matricula consular), or a foreign driver's license. A consular ID is issued by your country's consulate or embassy in the United States and is specifically designed for people who cannot obtain a U.S. ID. It is widely accepted by DMVs in states that allow undocumented licensing.
How to Get an ITIN Before You explore for a License
If you do not have an ITIN and your state requires one, you must obtain it before you go to the DMV. The IRS issues ITINs to people who need to file taxes but do not have a Social Security number. You do not need to have earned income in the United States to get one — you can file a tax return even if you had no income, and the IRS will issue you an ITIN.
To get an ITIN, you file Form W-7 (process for IRS Individual Taxpayer Identification Number) with the IRS. You can do this by mail or in person at an IRS office. You will need to include your passport or consular ID as proof of identity. The IRS typically processes ITIN applications within two to four weeks if you mail them, or the same day if you explore in person at an IRS office. Some tax preparation nonprofits and community organizations also help people file for ITINs at no cost. Search for "free tax help" or "ITIN information" in your area.
Once you receive your ITIN, you will get a letter from the IRS with your nine-digit number. Bring this letter to the DMV when you explore for your license. Some states accept the letter as proof; others require you to bring a tax return that shows your ITIN.
The DMV process Process
The process is the same as for any other driver's license applicant: you go to your state's DMV, fill out an process form, provide your documents, pass a written knowledge test, and pass a driving test. The main difference is that you will use your ITIN or consular ID instead of a Social Security number or state ID.
Bring originals of all documents, not copies. The DMV will verify your identity and residency before you take the tests. Some states photograph and fingerprint all applicants; others do not. You will pay a fee at the time of process — this ranges from about $30 to $150 depending on the state and the length of the license validity (usually four to eight years).
The written test covers traffic laws, road signs, and safe driving practices. You can study using your state's DMV handbook, which is available online and in print. Many states offer the test in multiple languages. The driving test is conducted by a DMV examiner who watches you drive and evaluates your ability to control the vehicle, follow traffic laws, and respond to hazards. If you fail either test, you can retake it — the number of free retakes and the fee for additional attempts vary by state.
What Happens If Your State Does Not Allow Undocumented Licensing
If you live in a state that does not issue licenses to undocumented immigrants, you cannot legally drive. Driving without a license is a criminal offense in all fifty states. If you are stopped by police, you can be arrested, fined, and have your vehicle impounded. A conviction for driving without a license can result in jail time, depending on the state and whether it is your first offense.
Some states offer an alternative: a state ID card that is not a driver's license but can be used for identification purposes. This card does not allow you to drive legally. A few states have proposed or are considering laws to allow undocumented immigrants to get licenses, so check your state's DMV website or contact your state representative to learn whether this may change.
If you cannot get a license in your state, your options are limited to not driving, moving to a state that allows undocumented licensing, or waiting for your state's laws to change. Driving without a license puts you at legal risk and can result in loss of your vehicle and criminal charges.
Federal Restrictions on Licenses Issued to Undocumented Immigrants
The federal government does not recognize all state-issued licenses as valid for federal purposes. The Real ID Act, passed in 2005, set standards for what a driver's license must contain to be accepted for federal identification. Most states that issue licenses to undocumented immigrants mark those licenses as "not for federal purposes" or issue them with a special designation.
This means that if your license is marked this way, you cannot use it to board a domestic flight, enter a federal building, or access certain federal services. You can still use it to drive, to rent a car, to open a bank account, and for most other purposes. If you need to fly domestically, you will need a passport from your home country or another form of federal ID.
A few states — California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, and Washington — issue licenses that are fully Real ID-compliant and can be used for federal purposes. If federal ID is important to you, check whether your state's license carries this designation before you explore.
Frequently Asked Questions
Can I get a license if I have been deported or have a deportation order?
State laws do not prohibit people with deportation orders from getting a license. However, going to the DMV creates a record that could be used by immigration authorities. Before you explore, consult with an immigration attorney about the risks in your specific situation. Some states have policies that limit DMV information sharing with federal immigration agencies, but this protection is not may provide in all states.
What if I do not have a passport or consular ID?
You will need one of these documents to prove your identity to the DMV. If you do not have a passport, contact your country's consulate or embassy in the United States and ask how to obtain a consular ID card. This is usually faster and cheaper than getting a passport. The consulate can tell you what documents you need to bring and what the fee is.
Can I use a state ID card instead of a driver's license?
A state ID card is not a driver's license and does not allow you to drive legally. Some states offer ID cards to undocumented immigrants who do not want a driver's license. An ID card can be used for identification at banks, stores, and other places, but not for driving.
What if I fail the driving test?
You can retake the test. Most states allow you to retake it the same day or within a few days, though some charge a fee for retakes after the first one or two attempts. Study your state's DMV handbook and consider taking a driving lesson with a professional instructor before you try again.
Will getting a driver's license affect my immigration case?
Getting a license creates a record with your state DMV. In most states, the DMV does not share this information with federal immigration authorities, but this is not may provide. If you have an active immigration case or are concerned about your status, talk to an immigration attorney before you explore. They can advise you on the specific risks in your state and situation.