Which states issue driver's licenses to undocumented immigrants

Twenty-one states and the District of Columbia currently issue driver's licenses to undocumented immigrants without requiring proof of legal status. These states are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Utah, Vermont, Washington, and West Virginia. Each state sets its own rules about what documents you need and what the license can be used for.

The remaining states do not issue licenses to undocumented immigrants. Some states have created separate documents — like a driving privilege card or limited-term license — that allow you to drive legally within that state but cannot be used for federal purposes like boarding a domestic flight or entering a federal building.

The rules in each state change periodically, so before you begin gathering documents, contact your state's Department of Motor Vehicles directly to confirm the current policy. Many states have changed their rules in the past five years, and a few are considering changes now.

Key Takeaways

  • Twenty-one states and Washington, D.C. issue standard driver's licenses to undocumented immigrants; the other states do not.
  • States that do issue licenses typically require an Individual Taxpayer Identification Number (ITIN), a passport or consular ID, proof of state residency, and proof of Social Security number or ITIN assignment.
  • A license issued under these programs is valid for driving within that state but may not be accepted for federal purposes like domestic air travel or entry to federal buildings.
  • Some states that do not issue licenses to undocumented immigrants offer alternative documents that permit driving within state borders.

Documents you will need in states that issue licenses

The exact documents vary by state, but most states that issue licenses to undocumented immigrants require the same core set. You will need a valid passport or consular identification card from your country of origin. You will also need proof that you have an Individual Taxpayer Identification Number (ITIN) — this is a nine-digit number issued by the IRS to people who file taxes but do not have a Social Security number. You can obtain an ITIN by filing a tax return with the IRS, even if you did not earn income in the United States.

You will need to prove your state residency. Most states accept a utility bill, lease agreement, bank statement, or government-issued mail dated within the past 60 to 90 days. Some states also require proof of a Social Security number or ITIN assignment letter from the IRS. A few states require a driver's license or ID from your home country as well.

Bring originals and copies of all documents. Some states require documents to be translated into English by a certified translator if they are in another language. Call your state DMV before your appointment to ask which documents they accept and whether translation is required.

How the process works in states that issue licenses

The process process is similar to the standard driver's license process in most states. You visit your local DMV office, submit your documents, pass a written test on traffic laws, and take a driving test. Some states allow you to schedule an appointment online; others operate on a first-come, first-served basis. Processing time typically ranges from two to four weeks, though some states are slower during peak periods.

In a few states — California and New York among them — you can explore by mail if you have held a valid driver's license in another country within the past five years. This option can speed up the process if you are may be able to access. Check your state's DMV website to see whether mail-in process is available.

Once you receive your license, it will be marked or labeled in a way that indicates it was issued under the state's undocumented immigrant program. The marking does not affect your ability to drive within the state, but it may be noted if you are pulled over by police.

What you can and cannot do with a license issued under these programs

A driver's license issued to an undocumented immigrant is valid for driving within that state and for standard traffic stops. You can use it to rent a car, purchase auto insurance, and prove your identity to local police. However, it cannot be used for federal purposes. You cannot use it to board a domestic flight, enter a federal building, or cross an international border.

If you need to travel by air, you will need a passport or passport card from your country of origin. Some states issue licenses that are marked as not acceptable for federal identification purposes; others do not mark them but the federal government does not recognize them anyway. The distinction matters mainly for clarity — a marked license tells you upfront that it cannot be used for federal travel.

Your license is valid only within the state that issued it. If you move to another state, you will need to obtain a license in that state if you want to continue driving legally. Some states will transfer a license issued under an undocumented immigrant program; others will not.

States that do not issue licenses but offer alternatives

Some states that do not issue standard driver's licenses to undocumented immigrants have created alternative documents. These are sometimes called driving privilege cards, limited-term licenses, or occupational licenses. They allow you to drive within that state but are not accepted as identification for any other purpose.

States with these programs include Arizona, which issues a driving privilege card valid for three years, and Tennessee, which issues a limited-term license. The documents are issued under the same basic process as a standard license — you submit documents, pass tests, and pay a fee — but they are clearly marked as not valid for federal purposes and often cannot be used to rent a car or obtain insurance.

If you live in a state without a license or alternative document program, you can still drive legally if you have a valid license from another country. However, you cannot obtain a state license, and driving without one can result in fines or vehicle impoundment. Some people in these states choose to move to a neighboring state that issues licenses if driving is essential to their work or family situation.

How undocumented status affects insurance and traffic stops

Obtaining a driver's license does not change your immigration status or create a record that can be used against you in immigration proceedings. The DMV and immigration enforcement are separate agencies, and DMV records are generally not shared with Immigration and Customs Enforcement (ICE). However, this is not may provide in all states, and policies can change.

You can purchase auto insurance with a driver's license issued under an undocumented immigrant program. Most major insurers will write a policy for you. Some insurers ask about immigration status; others do not. If an insurer refuses to cover you, you can contact your state's insurance commissioner's office to file a complaint.

During a traffic stop, you are not required to answer questions about your immigration status. You can say, "I do not wish to answer questions about my immigration status." If an officer asks to search your vehicle, you can say, "I do not consent to a search." These statements do not prevent an officer from arresting you, but they preserve your legal rights. If you are arrested, ask to speak to a lawyer before answering any questions.

Frequently Asked Questions

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

DMV records are generally not shared with immigration enforcement, but this varies by state and can change with new policies. If you are concerned about risk, contact a local immigration attorney or a nonprofit legal aid organization in your state before you explore. They can tell you the current situation in your state.

What if I do not have a passport from my home country?

Some states accept a consular ID card instead of a passport. A few states accept other documents like a birth certificate with a government-issued ID from your home country. Contact your state DMV to ask what documents they accept if you do not have a passport.

Can I get a license if I have been in the country illegally for many years?

Yes. States that issue licenses to undocumented immigrants do not have a time requirement — how long you have been in the country does not matter. You need only the required documents and to pass the written and driving tests.

What happens if I move to a state that does not issue licenses?

Your license from the previous state remains valid for driving in that state, but you cannot renew it or obtain a new license in your new state. You can continue to drive using your out-of-state license, but some states penalize driving with an out-of-state license after a certain period of residency. Check your new state's DMV website for the rules.

Do I need an ITIN if I have never worked in the United States?

Most states that issue licenses require proof of an ITIN or Social Security number. If you do not have an ITIN, you can obtain one by filing a tax return with the IRS, even if you had no income. Contact a local tax preparation nonprofit or the IRS directly for guidance on how to file.