What undocumented immigrants can and cannot do about driver's licenses

Whether an undocumented immigrant can get a driver's license depends entirely on the state where they live. Some states issue licenses to undocumented immigrants without requiring proof of legal status. Others refuse outright. A third group issues a separate document — often called a "driving privilege card" or "limited license" — that allows driving but cannot be used for federal purposes like boarding a domestic flight or entering a federal building.

The rules changed significantly after 2005, when Congress passed the REAL ID Act. That law set federal standards for what documents states must check before issuing a license. States that wanted their licenses to work for federal purposes had to verify legal presence. But the law also allowed states to issue licenses anyway, as long as those licenses were marked as not acceptable for federal ID purposes. Many states chose that path.

Your state's rules are what matter. A license issued in one state may not be recognized in another, and moving to a new state does not automatically transfer your license status.

Key Takeaways

  • About 20 states currently issue standard driver's licenses to undocumented immigrants without requiring proof of legal status.
  • Some states issue a separate "driving privilege card" or "limited license" that works for driving but not for federal identification.
  • Other states deny licenses to anyone who cannot prove legal presence, and some require a Social Security number.
  • The document you need to bring and the process you follow depend on your state's specific law, not federal law.
  • A license issued in one state may not be accepted as proof of identity in another state.

States that issue standard licenses to undocumented immigrants

As of 2024, the following states issue a regular driver's license to undocumented immigrants: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and Washington D.C. The specific documents required and the process vary by state, but none of these states require proof of legal immigration status.

California was the first state to do this, beginning in 2015 under Assembly Bill 60. The process there requires an Individual Taxpayer Identification Number (ITIN), proof of California residency, and proof of identity — usually a passport or consular ID. You do not need a Social Security number. Other states have similar but not identical requirements. New York, for example, accepts a combination of documents including utility bills, lease agreements, or bank statements for residency proof.

Even in these states, the license itself is marked differently than a standard license in some cases, or the marking is invisible to the person checking it. You should contact your state's Department of Motor Vehicles directly to learn what documents you will need to bring and what the license will show.

States that issue limited licenses or driving privilege cards

Some states have created a middle ground: a document that allows you to drive legally but cannot be used for federal purposes like boarding a domestic flight or entering a federal courthouse. These are often called "driving privilege cards," "limited licenses," or "occupational licenses." States in this category include Arizona, Kansas, Louisiana, Michigan, Mississippi, Missouri (which also offers a standard license), and Tennessee.

The requirements and what the card looks like differ by state. Arizona's driving privilege card, for example, requires an ITIN, proof of Arizona residency, and proof of identity. It is valid for driving within Arizona but is not accepted as federal ID. Michigan's "Enhanced Driving Privilege" card follows similar rules. You should check your state's DMV website or call their office to understand what documents you need and what the card will and will not allow you to do.

States that do not issue licenses to undocumented immigrants

The remaining states do not issue driver's licenses to people who cannot prove legal immigration status. Some require a Social Security number as part of the standard license process. Others require proof of legal presence. These states include Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Maine, Massachusetts, Mississippi (which has a limited card option), Montana, Nebraska, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, West Virginia, Wisconsin, and Wyoming.

In these states, the only legal way to drive is to have a valid license from another state or country. If you move to one of these states from a state that issued you a license, your existing license remains valid for driving purposes, though it may not be accepted for other identification purposes. However, when your license expires and you try to renew it in your new state, you will face the state's standard requirements.

What documents you typically need to bring

States that issue licenses to undocumented immigrants generally require three categories of documents: proof of identity, proof of residency, and proof of your Social Security number or ITIN.

Proof of identity usually means a passport, consular ID card (such as a Mexican matricula consular), national ID from your home country, or in some cases a combination of documents like a birth certificate plus a school ID. Proof of residency typically means a utility bill, lease agreement, bank statement, or government mail showing your name and address. An ITIN is a nine-digit number issued by the IRS for tax purposes; you can obtain one by filing a tax return or by contacting the IRS directly.

Do not assume your documents will work in every state. Call your state's DMV before you go in person to confirm what they will accept. Some states have very specific rules about which documents are acceptable and how recent they must be.

How the process works in states that issue licenses

In states that issue licenses to undocumented immigrants, the basic process is similar to a standard license process: you gather your documents, go to a DMV office, fill out an process form, pass a written test on 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.

The written test and driving test are the same as for any other applicant. You will need to bring all required documents in original form or certified copies. Some states allow you to bring documents in languages other than English, but you should confirm this in advance. The fee for a license varies by state but typically ranges from $30 to $100.

Processing time varies. Some states issue a temporary license on the spot and mail the permanent one later. Others mail the license after a background check, which can take several weeks. You should ask at the DMV office what to expect in your state.

What happens if you drive without a license

Driving without a valid license is illegal in every state, regardless of immigration status. If you are stopped by police and cannot produce a license, you can be cited, fined, and in some cases arrested. A conviction for driving without a license can result in jail time, fines, and a permanent criminal record.

If you are in a state that does not issue licenses to undocumented immigrants, you have limited legal options. You cannot legally drive in that state unless you have a valid license from another state or country. Some people in this situation choose to move to a state that does issue licenses, or they arrange for someone with a valid license to drive them. Neither of these is a perfect solution, but both are legal.

Frequently Asked Questions

Can I use a license issued to me as an undocumented immigrant to board a domestic flight?

It depends on the state that issued it. If your state issues a standard REAL ID-compliant license, yes — the license itself is acceptable for TSA screening. If your state issues a "limited license" or "driving privilege card" marked as not REAL ID-compliant, no — you will need a passport or other federal ID instead.

What if I move from a state that issued me a license to a state that does not?

Your existing license remains valid for driving in the new state as long as it has not expired. However, when it expires, you cannot renew it in the new state unless that state issues licenses to undocumented immigrants. You would need to renew it in your original state by mail or in person, or obtain a license from your home country if possible.

Do I need a Social Security number to get a license as an undocumented immigrant?

Not in states that issue licenses to undocumented immigrants. Most of those states accept an ITIN instead. However, some states that do issue licenses still require a Social Security number. Check your specific state's requirements before you explore.

Can I get a license if I have a pending deportation case?

Yes, in states that issue licenses to undocumented immigrants. Immigration status and driver's license status are separate legal matters. However, explore for a license requires you to provide your name, address, and other identifying information to a state agency, which creates a record. You should consult with an immigration attorney before explore if you have a pending case, as that record could potentially be accessed by immigration authorities.

What if my state does not issue licenses to undocumented immigrants but I need to drive for work?

Your options are limited. You could move to a state that does issue licenses. You could arrange for someone with a valid license to drive you. Or you could contact a local legal aid organization to learn whether your state has any exceptions or whether federal law might protect you in specific circumstances. Some states have made exceptions for certain workers or have pending legislation to change their rules.