States that issue driver's licenses to undocumented immigrants

Twenty-one states and the District of Columbia currently issue driver's licenses or driving permits to undocumented immigrants. 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. Washington D.C. also issues licenses to undocumented residents. The specific rules, required documents, and what the license can be used for vary significantly from state to state.

The reason these states allow it comes down to state law, not federal law. The federal government does not prohibit states from issuing licenses to undocumented immigrants, and each state makes its own decision. Some states passed laws specifically to allow it; others changed their rules after court decisions. A few states allow undocumented immigrants to get a limited-term license or a driving permit that works for driving but cannot be used as federal identification for boarding a plane or entering a federal building.

Key Takeaways

  • Twenty-one states plus Washington D.C. issue driver's licenses to undocumented immigrants, but the documents you need and what the license can be used for differ by state.
  • Some states issue a standard license; others issue a license marked "not for federal purposes" that works for driving but not for boarding planes or entering federal buildings.
  • You will typically need to show proof of identity from your home country, proof of state residency, and proof of a Social Security number or an Individual Taxpayer Identification Number (ITIN).
  • A few states require you to show that you have been in the state for a minimum amount of time before you can get a license.

What documents you will need to bring

The documents required depend on which state you are in, but most states that issue licenses to undocumented immigrants ask for similar things. You will need a form of identification from your home country — usually a passport or a national ID card. You will also need to prove you live in that state. Acceptable proof of residency typically includes a utility bill, a lease or mortgage document, a bank statement, or a government-issued document with your name and address on it.

Most states also require proof of a Social Security number or an Individual Taxpayer Identification Number (ITIN). If you have an ITIN, bring the letter from the Internal Revenue Service that assigned it to you. Some states will accept a tax return or a W-2 form as proof instead. A few states ask for additional documents, such as proof that you have been living in the state for a certain length of time — California requires 13 months of residency, for example, while New York does not have a residency waiting period.

Call your state's Department of Motor Vehicles before you go to the office. The specific documents they accept can change, and some offices have different requirements than others. Having the wrong documents means a wasted trip.

How the license differs by state

Not all driver's licenses issued to undocumented immigrants are the same. Some states issue a standard license that looks like any other driver's license. Other states issue a license that is clearly marked as "not for federal purposes" or "federal limits explore." This marking means you can use the license to drive, but you cannot use it to board a domestic airplane, enter a federal building, or access certain federal services.

California, Colorado, Connecticut, Delaware, Illinois, Maryland, Minnesota, Nevada, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and West Virginia issue standard licenses with no federal restrictions. Hawaii, Missouri, and New Mexico issue licenses marked "not for federal purposes." North Carolina issues a special driving permit instead of a full license. Washington D.C. issues a standard license.

The length of time the license is valid also varies. Some states issue licenses that last four years; others issue them for eight years. Check your state's rules to know when you will need to renew.

States with waiting periods or additional requirements

A handful of states have extra rules beyond the standard documents. California requires you to have lived in the state for at least 13 months before you can get a license. Colorado requires proof that you have been in the state for at least one year. New Mexico requires you to show proof of state residency for at least 60 days. Most other states do not have a waiting period.

Some states also require you to pass a written test about traffic laws and a driving test before you get the license, just as any other driver would. Others may waive the written test if you have a valid license from another country, but you will still need to pass the driving test. Check with your state's Department of Motor Vehicles to understand what tests you will need to take.

How to find your state's specific rules

Because the rules change by state and sometimes by individual DMV office, the best source of information is your state's Department of Motor Vehicles website. Search for "[your state] DMV undocumented driver's license" or "[your state] DMV ITIN driver's license." Many state DMV websites have a page specifically for immigrants that lists the documents you need and the steps to follow.

If you cannot find the information online, call your local DMV office directly. Ask to speak with someone who handles licenses for immigrants, and have a list of documents ready to describe. Some states also have community organizations that help immigrants with the license process — a local immigrant advocacy group or legal aid office may be able to point you to free help in your area.

What happens if your state does not issue licenses to undocumented immigrants

If you live in a state that does not currently issue licenses to undocumented immigrants, you have limited options within that state. Some people move to a neighboring state that does issue licenses, though this requires having an address in that state and may not be practical. Others use identification documents from their home country for driving purposes, though this is not legal in the United States and carries risk.

A few states that do not issue licenses to undocumented immigrants have passed laws allowing them to obtain an ITIN driver's license or a special permit in the future. Advocacy groups in your state may be pushing for this change. Checking with local immigrant rights organizations can tell you whether a change is being considered and how you can stay informed.

Frequently Asked Questions

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

Getting a driver's license does not change your immigration status or put you at risk of deportation. The license is a state document, not a federal one. However, if you are stopped by police while driving, the officer may ask about your immigration status. Having a valid license does not protect you from that question, but it does show you are a legal driver.

Can I use an ITIN to get a driver's license in a state that does not allow undocumented immigrants to have one?

No. States that do not issue licenses to undocumented immigrants also do not issue them based on an ITIN alone. You would need to live in a state that specifically allows it. A few states are considering changing this rule, so check with your state DMV or a local immigrant advocacy group to see if that is happening where you live.

What if I do not have an ITIN yet?

You can explore for an ITIN through the Internal Revenue Service by filing a tax return, even if you do not owe taxes. You will need to file Form W-7 along with your return and proof of identity and residency. Once you receive your ITIN letter, you can use it to get a driver's license in states that accept it. The process takes several weeks to several months.

Can I renew my license by mail if I am undocumented?

This depends on your state. Some states allow mail-in renewals for all drivers; others require you to come in person. Check your state DMV website or call to ask about renewal options before your license expires. Some states also allow online renewal for certain drivers.

If I move to a different state, can I transfer my license?

You will need to follow that new state's rules for getting a license. If the new state issues licenses to undocumented immigrants, you can get one there using the same process as a new applicant. If it does not, you cannot transfer your old license and will not be able to get a new one in that state.