What undocumented immigrants can do about driver's licenses
Whether you can get a driver's license as an undocumented immigrant depends entirely on which state you live in. Some states issue licenses to anyone who passes the written and driving tests and provides the documents they ask for, regardless of immigration status. Other states require proof of legal residency or a Social Security number and will not issue to undocumented immigrants. A third group of states offers a separate license category — sometimes called a "driving privilege card" or "conditional license" — that lets you drive legally but does not serve as identification for other purposes.
The state you are in right now is what matters. Federal law does not prevent states from issuing licenses to undocumented immigrants, and it does not require them to. Each state legislature has chosen its own rule. If you move to a different state, the rules change.
Key Takeaways
- Twenty states plus Washington, D.C., currently issue standard driver's licenses to undocumented immigrants without requiring proof of legal status.
- Several other states offer a separate driving privilege card that allows you to drive legally but cannot be used as identification for boarding flights or entering federal buildings.
- Some states require a Social Security number or proof of residency and will not issue any license to undocumented immigrants.
- The documents you need to bring vary by state but typically include proof of identity, proof of residency, and proof that you have passed the written and driving tests.
- Your state's Department of Motor Vehicles website lists the exact documents required and whether undocumented immigrants are able to get a license in your state.
States that issue standard licenses to undocumented immigrants
California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and Washington, D.C., all issue standard driver's licenses to undocumented immigrants. These licenses look the same as any other license issued in that state and can be used for driving, identification at bars or airports, and other purposes where a license is accepted.
The process in these states is the same as for any other driver: you pass the written test, pass the driving test, and provide the documents the state asks for. The difference is that these states do not require proof of legal immigration status. They may ask for an Individual Taxpayer Identification Number (ITIN) instead of a Social Security number, or they may not ask for either. Check your state's Department of Motor Vehicles website to see the exact list of documents you need to bring.
States that offer driving privilege cards instead
Illinois, New Mexico, and several other states offer a separate document called a driving privilege card, conditional license, or limited-term license. This card proves you have passed the written and driving tests and allows you to drive legally. It does not work as identification for boarding a domestic flight, entering a federal building, or other federal purposes, but it is valid for driving and for state-level identification.
The process process is similar to a standard license: you take the tests and provide documents. The state may ask for proof of residency, an ITIN, or other documents instead of a Social Security number. The card usually expires on the same schedule as a regular license, typically every four to eight years depending on the state. Check your state's Department of Motor Vehicles to confirm whether a driving privilege card is available and what documents you need.
States that do not issue licenses to undocumented immigrants
Some states require proof of legal immigration status or a valid Social Security number and do not issue any license to undocumented immigrants. These states include Alabama, Arizona, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, Wisconsin, and Wyoming.
In these states, driving without a license is illegal and can result in fines, arrest, or both. If you are undocumented and live in one of these states, you have no legal way to drive. Some people choose to move to a state with different rules; others use public transportation, rideshare services, or carpool with licensed drivers.
What documents you typically need to bring
States that issue licenses to undocumented immigrants usually ask for proof of identity, proof of residency, and proof that you have passed the tests. Proof of identity might be a passport, a consular ID card from your home country, or other government-issued documents. Proof of residency might be a utility bill, a lease, a bank statement, or a letter from an employer or school.
Some states ask for an ITIN instead of a Social Security number. You can get an ITIN from the Internal Revenue Service (IRS) by filing a tax return or by explore directly to the IRS. The process takes several weeks. Other states do not ask for either and straightforward want to see that you can pass the written and driving tests.
Do not guess about what your state needs. Go to your state's Department of Motor Vehicles website, find the page for first-time license holders or undocumented immigrants, and print or write down the exact list. Bring everything on that list when you go to the office. If you bring the wrong documents, you will have to come back another day.
How to find out what your state allows
Your state's Department of Motor Vehicles website is the only source you need. Search "[your state] DMV undocumented immigrants" or "[your state] DMV driving privilege card." The official page will tell you whether your state issues licenses, what documents you need, what the tests cover, and how much the license costs.
If the website is unclear or you cannot find the answer, call the DMV directly. Have your state name and a list of questions ready. Ask whether undocumented immigrants can get a license, what documents you need to bring, whether you need an ITIN or Social Security number, and how long the process takes. Write down the answers and the name of the person who helped you.
Do not rely on information from friends, social media, or websites that are not the official state DMV. Rules change, and incorrect information can waste your time or money.
What happens after you get a license
Once you have a license, you can drive legally in your state. If you travel to another state, that state will recognize your license for driving purposes. However, if you move to a state that does not issue licenses to undocumented immigrants, your old license will not be valid there, and you will not be able to get a new one.
Keep your license with you when you drive. If you are stopped by police, show your license. In states that issue standard licenses to undocumented immigrants, the license itself does not reveal your immigration status. In states that issue driving privilege cards, the card will say it is not valid for federal identification, but it is still valid proof that you can drive.
Frequently Asked Questions
Will getting a driver's license affect my immigration case?
Getting a driver's license in a state that issues them to undocumented immigrants does not directly affect your immigration case. However, the documents you provide to the DMV become part of a government record. If you are concerned about how this might affect your situation, talk to an immigration attorney before you explore. An attorney can advise you based on your specific circumstances.
Can I use a driver's license from one state if I move to another state?
You can drive with your old license temporarily, but most states require you to get a new license within 30 to 60 days of moving. If you move to a state that does not issue licenses to undocumented immigrants, you will not be able to get a new license there, and your old license will eventually expire. Plan ahead if you are moving.
What if I fail the written test or driving test?
You can take the test again. Most states let you retake a failed test within a few days or weeks. You may have to pay the test fee again. Study materials and practice tests are usually free on your state's DMV website. Some community colleges and nonprofits also offer free or low-cost driving classes.
Do I need an ITIN to get a driver's license?
It depends on your state. Some states that issue licenses to undocumented immigrants ask for an ITIN. Others do not ask for a Social Security number or ITIN at all. Check your state's DMV website to see what your state requires. If you need an ITIN, you can explore to the IRS by mail or in person at an IRS office.
What if I get pulled over and do not have my license with me?
Driving without your license is illegal in every state, even if you have a valid license at home. You can be fined. If you are stopped, tell the officer you have a license but do not have it with you. The officer can look up your license information. Carry your license with you every time you drive.