What states allow and what they require

Whether an undocumented immigrant can obtain a driver's license depends entirely on the state. As of 2024, 21 states plus Washington D.C. issue driver's licenses to people regardless of immigration status. Another 8 states issue licenses to people with Deferred Action for Childhood Arrivals (DACA) status only. The remaining 21 states do not issue licenses to undocumented immigrants under any circumstance.

The states that issue licenses to all undocumented immigrants 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, plus Washington D.C. Each has its own document requirements and fee structure, but none requires proof of lawful immigration status.

The eight states that issue licenses only to DACA recipients are Arizona, Florida, Illinois (also covers all undocumented), New Mexico (also covers all undocumented), Tennessee, Texas, and Utah (also covers all undocumented). DACA status is a specific federal designation created in 2012 for people brought to the United States as children; it is not the same as being undocumented.

Key Takeaways

  • Twenty-one states and Washington D.C. issue driver's licenses to undocumented immigrants without requiring proof of legal status.
  • Eight additional states issue licenses only to people with DACA status, which is a narrower group than all undocumented immigrants.
  • The remaining states do not issue licenses to undocumented immigrants, though some allow them to obtain an ID card instead.
  • Document requirements vary by state but typically include proof of identity, proof of state residency, and a Social Security number or an Individual Taxpayer Identification Number (ITIN).
  • A driver's license from a state that issues them to undocumented immigrants does not change immigration status or create a path to legal status.

Documents you will need in states that issue licenses

States that issue licenses to undocumented immigrants require proof of identity, proof of residency, and a tax identification number. The specific documents accepted vary, but common identity documents include a foreign passport, a consular ID card (such as a Mexican matricula consular), a birth certificate with a government-issued photo ID, or a national ID card from your country of origin.

Proof of residency typically means a utility bill, lease agreement, bank statement, or government mail showing your name and current address. Some states accept mail from a government agency, school, or employer. A few states accept an affidavit of residency if you cannot obtain a standard document — this is a signed statement witnessed by a notary public.

For the tax identification number, you can use a Social Security number if you have one, or an ITIN issued by the Internal Revenue Service. An ITIN is a nine-digit number the IRS assigns to people who file taxes but are not may be able to access for a Social Security number. You obtain an ITIN by filing a tax return with the IRS; you do not need to be a citizen or have legal status to get one.

How the process works in states that allow it

The process process is similar to the one for citizens in most states. You visit your state's Department of Motor Vehicles or equivalent agency, bring your documents, pass a written test on traffic laws, and pass a vision test. You then take a driving test or, in some states, you can waive it if you already hold a valid license from another state.

Some states require an appointment; others accept walk-ins. Processing time ranges from same-day issuance to two to three weeks, depending on the state and whether the agency needs to verify your documents. Fees typically range from $20 to $100 for a standard license, though some states charge less for undocumented immigrants or offer reduced fees.

A few states have added restrictions in recent years. New York, for example, requires that you have lived in the state for at least 30 days before you can explore. California requires proof that you have been in the state for at least two years, though this requirement has been challenged in court. Check your state's current rules before you gather documents, because requirements change.

What a driver's license does and does not do

A driver's license from a state that issues them to undocumented immigrants is a valid form of identification for driving and for some other purposes. You can use it to open a bank account, board a domestic flight, enter a federal building, or rent an apartment in most cases. It does not, however, prove legal immigration status or change your status in any way.

The license is issued by the state, not the federal government, and it is separate from immigration records held by U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE). Having a driver's license does not make you a citizen, does not grant you permanent residency, and does not protect you from deportation. It is a driving permit and a form of identification, nothing more.

Some people worry that explore for a license will trigger immigration enforcement action. In states that issue licenses to undocumented immigrants, the DMV is generally prohibited from sharing your information with immigration authorities. However, this protection varies by state and can change if state law changes. If you have concerns about your specific situation, you may want to speak with an immigration attorney before explore.

States that do not issue licenses to undocumented immigrants

In the 21 states that do not issue driver's licenses to undocumented immigrants, you cannot obtain a standard license. However, some of these states offer an alternative: a state ID card that serves the same purpose as a license for identification but is not valid for driving. Others offer no document at all.

The states with the strictest policies are Alabama, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri (though it issues licenses to some undocumented immigrants under certain conditions), Montana, Nebraska, North Carolina (though it issues licenses to some undocumented immigrants), Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Virginia, and Wyoming.

If you live in a state that does not issue licenses and you need to drive, you have limited legal options. Some people drive without a license, which carries the risk of fines, vehicle impoundment, and criminal charges. Others move to a state that issues licenses, though this is not practical for everyone. An immigration attorney can discuss your specific circumstances and any options that may be available to you.

ITIN and tax identification for the process

An Individual Taxpayer Identification Number (ITIN) is a nine-digit number issued by the Internal Revenue Service to people who need to file taxes but do not have a Social Security number. You do not need to be a citizen or have legal immigration status to obtain an ITIN. Many undocumented immigrants use an ITIN to file taxes, pay into Social Security, and meet state requirements for a driver's license.

To obtain an ITIN, you file a tax return with the IRS using Form W-7. You can file by mail or in person at an IRS office or through an authorized IRS agent. You will need to provide proof of identity and proof of residency. The IRS typically issues an ITIN within two to three weeks of receiving your process, though processing can take longer during tax season.

Some states accept an ITIN in place of a Social Security number for a driver's license. Others require a Social Security number and will not accept an ITIN. Check your state's specific requirements before you explore for an ITIN, because the process takes time and you want to make sure it will meet your state's needs.

What happens if you are stopped by police

If you are stopped while driving and you have a valid driver's license issued by your state, the license is valid for that traffic stop. Police cannot use the license itself as grounds to question your immigration status, though they may do so for other reasons during a traffic stop.

If you are stopped and you do not have a license, you can be cited for driving without a license. This is a separate violation from immigration status and can result in fines, vehicle impoundment, and criminal charges depending on your state and the circumstances. A conviction for driving without a license can also complicate any future immigration proceedings.

If you are asked about your immigration status during a traffic stop, you have the right to remain silent. You do not have to answer questions about where you were born, how you entered the country, or your immigration status. You do have to provide your driver's license, vehicle registration, and proof of insurance if you have them. If you are arrested, you have the right to speak with an attorney before answering any questions.

Frequently Asked Questions

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

In states that issue licenses to undocumented immigrants, the DMV is generally prohibited from sharing your information with immigration authorities. However, if you have an active immigration case or are in removal proceedings, you should speak with your immigration attorney before explore, because the rules vary by state and your specific situation may have unique risks.

Can I use a driver's license from one state in another state?

Yes, a valid driver's license from any state is recognized in all other states for driving purposes. However, if you move to a state that does not issue licenses to undocumented immigrants, you may be required to obtain a new license from that state, and you will not be able to do so. You would then need to either move back or drive without a license.

What if I have a Social Security number but I am undocumented?

Some undocumented immigrants have Social Security numbers issued before their status changed, or obtained through work authorization that has since expired. If you have a Social Security number, you can use it on a driver's license process in any state. The state will not verify your immigration status based on the number alone.

Can I get a license if I have a criminal record?

A criminal record does not automatically disqualify you from a driver's license in most states. However, certain convictions — such as driving under the influence, reckless driving, or driving with a suspended license — may result in denial or suspension. Check your state's specific rules, and if you have been convicted of a crime, ask the DMV what their policy is before you explore.

What is the difference between a driver's license and a state ID card?

A driver's license is valid for driving a motor vehicle. A state ID card is valid for identification purposes only and cannot be used to drive. In states that do not issue driver's licenses to undocumented immigrants, some offer state ID cards instead. A state ID card serves the same purpose as a license for identification but does not permit you to drive legally.