States that issue driver's licenses to undocumented immigrants
Twenty-one states and Washington, D.C. issue driver's licenses or driving permits to people without legal immigration status. These states are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and West Virginia. Washington, D.C. also issues licenses to undocumented residents. Each state sets its own rules about what documents you need, what the license looks like, and whether it can be used for federal purposes like boarding a plane.
The remaining states do not issue licenses to undocumented immigrants. Some states issue special driving permits that allow you to drive legally but cannot be used for federal identification. A few states have considered or passed laws allowing licenses but have not yet begun issuing them. The rules change periodically, so if your state is not on this list, check your state's Department of Motor Vehicles website to see if the law has changed recently.
Key Takeaways
- Twenty-one states plus Washington, D.C. issue standard driver's licenses to undocumented immigrants, though document requirements vary by state.
- Some states issue special driving permits instead of full licenses, which let you drive legally but may not work for federal identification.
- States that issue licenses to undocumented immigrants typically require an Individual Taxpayer Identification Number (ITIN), proof of identity, and proof of state residence.
- A license issued to an undocumented immigrant in a state that allows it is valid only in that state and may not satisfy federal Real ID requirements for flying or entering federal buildings.
What documents you need in states that issue licenses
States that issue licenses to undocumented immigrants do not require proof of legal status, but they do require other documents to prove who you are and where you live. Most states ask for an Individual Taxpayer Identification Number (ITIN), which you can get from the IRS even without legal immigration status. You will also need to show a document that proves your identity — this might be a passport from your home country, a consular ID card, or a birth certificate plus another form of ID.
Proof of state residence is required in every state. This can be a utility bill, lease agreement, bank statement, or tax return showing your name and address. Some states accept a letter from a social service agency, school, or employer. The specific documents accepted vary, so check your state's DMV website before you go to the office. Bringing extra documents is safer than making a second trip.
You will also need to pass the written test on traffic laws and road signs, and pass a vision test. Some states require a driving test; others waive it for people who already hold a valid license from another country. Fees vary by state, typically ranging from $30 to $150 for a license.
How ITIN and proof of identity work together
An ITIN is a nine-digit number the IRS issues for tax purposes. You do not need to be a U.S. citizen or have legal immigration status to get one. You explore for an ITIN by filing a tax return with the IRS, either on your own or with help from a tax preparer or community organization. The process takes four to six weeks. Some community organizations offer free tax preparation and can help you get an ITIN at the same time.
States that issue licenses to undocumented immigrants use the ITIN to verify your identity in their system and prevent fraud. If you do not have an ITIN yet, you will need to get one before you can explore for a license in most of these states. A few states accept other forms of identification instead, such as a consular ID card issued by your country's embassy or consulate. Check your state's DMV website to see which documents are accepted in place of an ITIN.
Federal Real ID requirements and state-issued licenses
A driver's license issued to an undocumented immigrant in a state that allows it is valid for driving within that state. However, it may not meet Real ID requirements, which are federal standards for identification used at airports, federal buildings, and military bases. Real ID requires proof of legal status, which undocumented immigrants cannot provide. Even if your state issues you a license, you cannot use it to board a domestic flight or enter a federal courthouse.
Some states mark licenses issued to undocumented immigrants differently — for example, with a star or a different color — to show that they do not meet Real ID standards. Other states issue the same-looking license to everyone but note in their system whether the holder is documented or undocumented. If you need to fly domestically or enter a federal building, you will need a passport or other federal-level identification, not a state driver's license.
States with special driving permits instead of licenses
A handful of states issue special driving permits or certificates to undocumented immigrants instead of a full driver's license. These permits allow you to drive legally and can be used to prove you passed a driving test, but they are not accepted as identification for federal purposes or in many private settings. Some employers, banks, and landlords will not accept them as proof of identity. The permit is valid only for driving within that state.
If your state offers a special permit rather than a full license, the process process is usually simpler and faster than explore for a standard license. Document requirements are often fewer, and fees are typically lower. However, the permit's limited use means it will not help you open a bank account, rent an apartment, or travel across state lines. Check your state's DMV website to see whether your state issues a permit or a full license.
What happens if you move to a state that does not issue licenses
If you move from a state that issues licenses to undocumented immigrants to a state that does not, your license remains valid for driving in your home state. However, you cannot renew it in your new state, and you cannot use it as identification in your new state for purposes like opening a bank account or renting an apartment. You will need to follow your new state's rules, which may mean you cannot drive legally there.
Some people in this situation use their license from the issuing state for as long as it remains valid, then explore other options when it expires. Others move back to the issuing state to renew before the license expires. A few states have reciprocal agreements that allow licenses from other states to be used, but this is rare. If you are planning to move, research your new state's rules before you go.
How to find your state's specific requirements
Each state's DMV website lists the exact documents needed, the fees, and the steps to explore. Search for "[Your State] DMV undocumented driver's license" or "[Your State] DMV ITIN" to find the official page. Many state DMV websites have information in multiple languages. If you cannot find the information online, you can call your state's DMV or visit an office in person to ask.
Community organizations in your area may also help. Organizations that serve immigrants often have staff who know the local DMV process and can help you gather documents or practice for the written test. Some offer free services. Search for "[Your City] immigrant services" or "[Your County] legal aid" to find organizations near you. These groups can answer questions specific to your situation and may know about recent changes to your state's rules.
Frequently Asked Questions
Can I use a license issued to an undocumented immigrant to fly domestically?
No. A state driver's license issued to an undocumented immigrant does not meet federal Real ID requirements, so it cannot be used to board a domestic flight. You will need a passport or passport card from your home country. Some states issue special ID cards that also do not meet Real ID standards.
What if I don't have an ITIN yet?
You can get an ITIN by filing a tax return with the IRS. Community organizations often offer free tax preparation and can help you get an ITIN at the same time. The process takes four to six weeks. Some states accept other forms of identification instead of an ITIN, so check your state's DMV website first.
Will getting a driver's license affect my immigration status?
Getting a driver's license does not change your immigration status. However, explore for a license does create a record with your state's DMV. If you have concerns about immigration enforcement, speak with an immigration attorney before explore. Some community legal aid organizations offer free consultations.
Can I renew my license by mail if I'm undocumented?
This depends on your state. Some states allow mail-in renewals for undocumented immigrants; others require you to appear in person. Check your state's DMV website or call to ask about renewal options before your license expires.
What if my state doesn't issue licenses to undocumented immigrants?
You cannot drive legally in a state that does not issue licenses to undocumented immigrants. Some people in this situation drive anyway and accept the legal risk. Others use public transportation, carpools, or ride-sharing services. If you are considering driving without a license, understand that you can face fines, vehicle impoundment, and criminal charges.