What the law allows right now
Whether someone without legal immigration status can get a driver's license depends entirely on which state they live in. Twenty-one states plus Washington, D.C. currently issue driver's licenses or permits to people regardless of immigration status. Thirteen other states issue licenses only to people with legal status. The remaining states have policies that fall somewhere between these two approaches, often tied to specific visa categories or work authorization.
The key point: there is no federal rule that blocks someone without legal status from holding a state driver's license. Each state makes its own decision. This means the answer to your question changes based on your state of residence.
Key Takeaways
- Twenty-one states and Washington, D.C. issue driver's licenses to people without legal immigration status, though the document name and restrictions vary by state.
- Thirteen states explicitly restrict licenses to people with legal status, and the remaining states have mixed or conditional policies.
- States that issue licenses to people without legal status typically require proof of state residency, a Social Security number or tax identification number, and a passing written and driving test.
- A license issued under these programs is valid only for driving within that state and cannot be used for federal purposes like boarding a domestic flight.
- You can find your state's specific policy by contacting your state's Department of Motor Vehicles directly or checking their website for the exact documents required.
States that issue licenses without legal status requirements
The states that currently issue driver's licenses regardless of immigration status are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Tennessee, Utah, Vermont, Washington, and West Virginia, plus Washington, D.C.
Each of these states has its own name for the document and its own set of requirements. Some call it a "driver's license," others call it a "driving privilege card" or "license to operate." The document itself may look different from a standard license and may carry restrictions on what it can be used for. For example, some states' licenses cannot be used to board a domestic flight or enter a federal building, while others have no such restrictions.
The documents you will typically need include proof of state residency (such as a utility bill, lease, or bank statement), proof of identity (a passport or consulate-issued ID), and a tax identification number or Social Security number. You will also need to pass a written test on traffic laws and a practical driving test.
States that restrict licenses to people with legal status
Thirteen states currently issue driver's licenses only to people who can prove legal immigration status: Alabama, Georgia, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Ohio, Pennsylvania, South Carolina, Tennessee, and Wyoming. In these states, you will need to provide documentation of legal status, such as a valid visa, green card, employment authorization document, or other federal immigration paperwork.
The specific documents required vary by state, so contacting your state's Department of Motor Vehicles is the only way to know exactly what you need to bring. Some states may accept certain visa categories that others do not.
States with conditional or mixed policies
The remaining states have policies that do not fit neatly into either category. Some issue licenses only to people with specific types of work authorization. Others issue licenses to people without legal status but under a different name or with different restrictions than their standard license. A few states have changed their policies in recent years, so what was true two years ago may not be true now.
Because these policies are specific and sometimes recent, your state's Department of Motor Vehicles website is the most reliable source. You can also call their main line and ask directly: "Can I get a driver's license if I do not have legal immigration status?" The staff can tell you whether your state issues licenses in your situation and what documents you need to bring.
What happens after you get a license
A driver's license issued to someone without legal status is valid for driving within that state. It does not change your immigration status, and it does not make you may be able to access for federal benefits. The license is a state document that proves you can operate a vehicle safely.
However, the license has limits. If your state's license is marked as a "driving privilege card" or similar designation, you cannot use it to board a domestic flight, enter a federal building, or explore for certain jobs that require federal background checks. You can use it to drive, to rent a car, and to show police during a traffic stop. Some employers and landlords will accept it as proof of identity for hiring or housing purposes, though others may not.
How to find out your state's specific rules
The fastest way to learn your state's policy is to visit your state's Department of Motor Vehicles website and search for "immigration status" or "undocumented." Most states have a page that explains whether they issue licenses and what documents are required. If you cannot find the information online, call the DMV's main customer service line and ask directly.
When you call or visit, have your state of residence ready and ask these three questions: Does your state issue driver's licenses to people without legal immigration status? What documents do you need to bring? What are the restrictions on how the license can be used? Writing down the answers will help you prepare before you visit in person.
What to bring to the DMV
The documents you will need depend on your state, but most states that issue licenses to people without legal status require some combination of the following: a passport or consulate-issued identification document, proof of state residency (utility bill, lease, bank statement, or government mail), a tax identification number (ITIN) or Social Security number, and proof that you have passed a vision test.
Some states also require proof of a physical address, which can be difficult if you do not have a lease or utility bill in your name. In those cases, a letter from a friend or family member stating that you live at their address, along with a utility bill from that address, may work. Call your DMV ahead of time to ask what counts as proof of residency in your situation.
Bring originals of all documents, not copies. The DMV staff will tell you if they need certified copies of anything. You will also need to pass a written test on traffic laws and a practical driving test, just as anyone else would.
Frequently Asked Questions
Will getting a driver's license affect my immigration case?
A driver's license itself does not affect your immigration status or any pending immigration case. However, the documents you provide to get the license could potentially be used in other contexts. If you have concerns about how information might be used, speak with an immigration attorney before explore. Many legal aid organizations offer free or low-cost consultations.
Can I use a driver's license from one state if I move to another state?
You can drive with an out-of-state license for a limited time after you move, but you will need to get a license from your new state within the timeframe that state requires (usually 30 to 60 days). If your new state does not issue licenses to people without legal status, you will not be able to renew or replace your license there.
What if my state does not issue licenses to people without legal status?
You cannot legally drive in that state without a license. Some people choose to move to a state that does issue licenses, but that is a major decision with many other factors to consider. You can also explore whether your state has changed its policy recently, as some states have expanded access in the past few years.
Do I need a Social Security number to get a license?
Most states that issue licenses to people without legal status will accept an Individual Taxpayer Identification Number (ITIN) instead of a Social Security number. You can explore for an ITIN through the IRS if you do not have one. Some states may have other options as well, so ask your DMV what identification numbers they accept.
Can I get a license if I have a pending deportation case?
Having a pending immigration case does not automatically disqualify you from getting a driver's license in states that issue them to people without legal status. However, the documents you provide during the license process could potentially be discovered in your immigration case. Speak with your immigration attorney before explore if you have concerns.