What undocumented immigrants can and cannot do

Whether an undocumented person can get a driver's license depends entirely on the state where they live. Some states issue licenses to undocumented immigrants; others do not. There is no federal driver's license — each state sets its own rules about who can hold one, and those rules have shifted significantly over the past 15 years.

As of 2024, roughly 20 states and the District of Columbia allow undocumented immigrants to obtain a standard driver's license or a license-equivalent document. Another 10 or so states offer a restricted license that permits driving but cannot be used for federal purposes like boarding a domestic flight. The remaining states do not issue licenses to undocumented people at all. Your state's specific law is the only thing that matters for your situation.

A driver's license and proof of legal presence are separate things. Some states have decoupled them — meaning you can hold a license without proving citizenship or immigration status. Others have not. The distinction matters because it determines what documents you will need to bring and what the license can be used for once you have it.

Key Takeaways

  • About 20 states allow undocumented immigrants to obtain a standard driver's license; roughly 10 more offer a restricted license for driving only.
  • Your state's specific law is the only rule that applies — there is no federal requirement either way.
  • States that issue licenses to undocumented people typically require an Individual Taxpayer Identification Number (ITIN), a state ID number, or a foreign passport as proof of identity.
  • A license issued to an undocumented person in a state that allows it is valid for driving in all other states, but may not work for federal purposes like domestic air travel.
  • You can find your state's current policy by contacting your state's Department of Motor Vehicles directly or checking their website for the phrase "undocumented" or "AB 60" (the California law that started this trend).

States that allow standard driver's licenses for undocumented immigrants

California was the first state to allow undocumented immigrants to obtain a standard driver's license, beginning in 2015 under Assembly Bill 60. Since then, New York, Illinois, Maryland, Minnesota, Nevada, New Mexico, Oregon, Utah, Vermont, Washington, Colorado, Connecticut, Delaware, Hawaii, Massachusetts, New Jersey, Rhode Island, and Washington D.C. have passed similar laws. Each state's rules differ slightly — some require an ITIN, others accept a foreign passport, and some allow a combination of documents.

In these states, the license itself looks the same as any other driver's license and can be used for all driving purposes. However, it cannot be used for federal purposes under the REAL ID Act — meaning you cannot use it to board a domestic flight, enter a federal building, or access certain military bases. If you need to travel by air, you would need a passport or another REAL ID-compliant document instead.

The documents required vary by state. California accepts an ITIN, a foreign passport, a consular ID, or a combination of documents proving identity and California residency. New York requires an ITIN or a foreign passport. Some states have their own variations. You should contact your state's Department of Motor Vehicles to confirm what documents they accept before you go in.

States that offer restricted licenses

A smaller group of states — including Arizona, Georgia, Kansas, Missouri, North Carolina, Ohio, Tennessee, and a few others — offer what is sometimes called a "driving privilege card" or "restricted license." This document allows you to drive legally within the state but cannot be used for federal purposes and may have other restrictions, such as not being valid for crossing state lines.

The purpose of a restricted license is to separate the right to drive from proof of legal presence. The state acknowledges that you live there and need to drive, but does not issue a full license. The document is usually marked clearly as restricted and may have a different color or format than a standard license.

may be able to access and required documents vary significantly. Some states require proof of residency, an ITIN, and a foreign passport. Others have different combinations. Because these programs are less common and rules change frequently, you should contact your state's DMV directly to learn whether your state offers this option and what you would need to bring.

States that do not issue licenses to undocumented immigrants

The remaining states do not issue driver's licenses or restricted licenses to undocumented immigrants. In these states, you cannot legally obtain a license through the DMV, regardless of how long you have lived there or how much you need to drive.

If you live in a state with this policy and need to drive, your options are limited. Some people drive without a license, which carries legal risk — a traffic stop can result in fines, vehicle impoundment, and in some cases criminal charges. Others rely on rides from licensed drivers or use public transportation. There is no legal workaround within the state system itself.

However, if you move to a state that does issue licenses to undocumented immigrants, you can obtain one there. A license issued in one state is valid for driving in all other states, even if the state where you are driving does not issue licenses to undocumented people itself.

What documents you will need

If your state allows undocumented immigrants to obtain a license, you will typically need to bring proof of identity, proof of residency, and proof of Social Security number or ITIN. The exact documents vary by state, but common ones include:

  • A foreign passport or consular ID (for identity)
  • An Individual Taxpayer Identification Number (ITIN) letter from the IRS, or a Social Security card if you have one
  • Proof of state residency, such as a utility bill, lease, bank statement, or tax return in your name
  • Proof of your current address, which may be separate from residency proof

Some states accept additional documents. New York, for example, accepts a combination of documents that might include a foreign passport, an ITIN, and a utility bill. California accepts consular IDs issued by Mexican, Central American, and South American consulates. You should check your state's DMV website or call them directly to confirm which documents they accept before you gather them.

Bring originals or certified copies, not photocopies, unless the DMV specifically says photocopies are acceptable. Some states require documents to be translated into English by a certified translator if they are in another language. Ask the DMV whether translation is required before you go in.

How the process works in states that allow it

The process is similar to a standard license process. You visit your state's DMV office, bring the required documents, fill out an process form, pass a written test about traffic laws, and pass a driving test. Some states allow you to schedule an appointment online; others operate on a first-come, first-served basis. Wait times vary widely depending on how busy your local DMV is.

The written test is usually available in multiple languages. The driving test is conducted by a DMV examiner and tests your ability to operate the vehicle safely and follow traffic laws. If you fail, you can retake it — the number of attempts allowed varies by state.

Once you pass both tests, you pay the license fee and receive your license. The fee varies by state but is typically between $20 and $100. Your license will be valid for a set period — usually four to eight years depending on your state — and you will need to renew it before it expires.

What you can and cannot do with an undocumented person's license

A standard driver's license issued to an undocumented person in a state that allows it can be used for all driving purposes within that state and in any other state. You can legally drive, you are covered by auto insurance, and you can rent a car (though some rental companies have their own policies about who they will rent to).

However, you cannot use it for federal purposes. The REAL ID Act, passed by Congress in 2005, requires that certain federal activities — boarding a domestic flight, entering a federal building, accessing a military base — require a REAL ID-compliant document. A license issued to an undocumented person is not REAL ID-compliant, even if it is a standard license. If you need to fly domestically, you would need a passport or another REAL ID document instead.

You can use the license for state purposes like opening a bank account, getting a job, or renting an apartment. Many employers and landlords accept a driver's license as proof of identity. However, some may ask for additional documents or may have their own policies about what they will accept.

Frequently Asked Questions

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

No. A driver's license is a state document that proves you can drive legally. It does not change your immigration status, and obtaining one does not make you a citizen or a permanent resident. However, the DMV may share information with other agencies in some cases, so you should understand your state's data-sharing policies before you explore. Contact your state's DMV or a local immigration attorney if you have concerns.

Can I use an undocumented person's license to cross the border into Canada or Mexico?

No. A driver's license is not accepted as proof of citizenship or legal entry at international borders. You would need a passport or a passport card. Some states offer an "enhanced driver's license" that can be used for land and sea border crossings, but these are typically only available to citizens and permanent residents.

What happens if I get pulled over and I do not have a license?

If you are in a state that does not allow undocumented immigrants to obtain a license and you are driving without one, you can be cited for driving without a license. Penalties vary by state but can include fines, vehicle impoundment, and in some cases criminal charges. If you are in a state that does allow licenses, you should obtain one to avoid this risk.

Can I renew my license online if I am undocumented?

Some states allow online renewal for all drivers, including undocumented ones. Others require you to renew in person. Check your state's DMV website or call them to find out whether online renewal is available in your state and what documents you will need to bring if you must renew in person.

What if my state's policy changes after I get my license?

If your state passes a law that no longer allows undocumented immigrants to hold licenses, your existing license remains valid until it expires. You would not be able to renew it under the new rules. However, state policies rarely reverse — the trend over the past decade has been toward allowing more licenses, not fewer.