Which states issue driver's licenses to undocumented immigrants
Twenty-one states and Washington, D.C. currently issue driver's licenses or driving permits to people without legal immigration status. 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. Each state sets its own rules about what documents you need and what the license is called.
The remaining states do not issue licenses to undocumented immigrants, though some offer a separate ID card that is not valid for driving. A few states have passed laws allowing it but have not yet begun issuing them. The rules change periodically, so you should contact your state's Department of Motor Vehicles directly to confirm the current policy where you live.
Key Takeaways
- Twenty-one states and Washington, D.C. issue driver's licenses to undocumented immigrants, but the document requirements and license names vary by state.
- You will typically need to prove your identity, prove you live in that state, and pass a written test and driving test, just as other applicants do.
- Most states that issue these licenses do not share the information with federal immigration authorities, though you should verify this with your state's DMV.
- The license is valid only for driving within that state or in other states that recognize it; it cannot be used for federal purposes like boarding a plane.
- Processing times range from a few weeks to several months depending on the state and how quickly you gather required documents.
What documents you will need to bring
The specific documents required depend on your state, but most states that issue licenses to undocumented immigrants require proof of identity, proof of state residency, and proof of your Social Security number or an Individual Taxpayer Identification Number (ITIN). Proof of identity might be a passport, a consular ID card from your home country, or a birth certificate. Proof of residency typically means a utility bill, lease agreement, or bank statement with your name and current address on it.
Some states require an ITIN instead of a Social Security number. If you do not have an ITIN, you can obtain one from the Internal Revenue Service by filing a tax return, even if you have no income. This process takes several weeks. Call your state's DMV before you go in person to confirm exactly which documents they accept, because requirements can change and some offices accept different forms of ID than others.
You will also need to pass a written knowledge test about traffic laws and a practical driving test. Most states allow you to take the written test in your preferred language, though you should ask when you call ahead.
how the process works at your state's DMV
Visit your state's Department of Motor Vehicles website and look for the section on driver's licenses for undocumented immigrants. Some states call it a "license," some call it a "permit," and some use a different term entirely. The website will tell you which documents to bring and whether you need to make an appointment. Many states now require appointments, especially after the pandemic, so do not show up without one.
Bring all required documents in originals, not copies, unless the DMV specifically says copies are acceptable. Bring the documents in the order listed on the DMV's checklist. When you arrive, tell the staff member that you are explore as an undocumented immigrant and ask them to confirm you have everything needed. They will take your documents, take a photo, and schedule you for the written test and driving test.
The written test is usually given the same day or within a week. The driving test is typically scheduled for a later date. You will need to bring a vehicle and either have someone with a valid license sit with you or use the DMV's test vehicle if they offer one.
Whether your information goes to immigration authorities
Most states that issue licenses to undocumented immigrants have laws that prevent the DMV from sharing your information with federal immigration authorities like U.S. Immigration and Customs Enforcement (ICE). However, this protection is not absolute in every state, and it can change if state law changes. California, New York, and Illinois have particularly strong protections written into law. Other states have weaker protections or none at all.
Before you explore, contact your state's DMV directly and ask in writing whether they share applicant information with federal immigration authorities. Keep a copy of their written response. This creates a record of what you were told. Some states publish this information on their website; others will only tell you if you ask.
Even in states with strong protections, the DMV is a government office and your information is stored in a government database. There is always some risk, though the risk is lower in states with explicit legal protections. You should make this decision based on your own situation and comfort level.
What the license can and cannot be used for
A driver's license issued to an undocumented immigrant is valid for driving a vehicle within that state and in other states that recognize it. You can use it to rent a car, buy car insurance, and prove your identity to a police officer during a traffic stop. However, you cannot use it to board a commercial airplane, enter a federal building, or cross an international border.
If you are pulled over by police, you should know that having a valid driver's license does not protect you from immigration enforcement. A traffic stop can lead to immigration questioning regardless of whether your license is valid. You have the right to remain silent and to refuse to answer questions about your immigration status. You should carry a card with your rights written on it in English and your native language.
Some states issue a separate ID card that looks different from a standard driver's license and is clearly marked as not valid for federal purposes. Other states issue a license that looks identical to any other license but has a notation in the system that it is not valid for federal use. Ask your DMV which type your state issues.
How long the process takes and what happens next
From the day you submit your documents to the day you receive your license typically takes four to twelve weeks, depending on the state and how quickly you pass the driving test. Some states are faster; others are slower. The DMV will mail your license to the address you provided, or you can pick it up in person if your state offers that option.
Once you have your license, you will need to renew it periodically, just as other drivers do. Renewal periods vary by state but are typically every four to eight years. When you renew, you will need to bring updated proof of residency and pass a new photo and vision test, though you usually do not need to take the written and driving tests again.
If you move to a different state, your license remains valid in that state for the remainder of its term. However, if you want a license from the new state, you will need to explore through that state's DMV. Not all states issue licenses to undocumented immigrants, so you may not be able to get one in your new state.
States that do not issue licenses and what your options are
If you live in a state that does not issue driver's licenses to undocumented immigrants, you have limited options. Some states issue an ID card that is not valid for driving but can be used to prove identity and residency for other purposes. A few states allow undocumented immigrants to obtain a learner's permit but not a full license. Check your state's DMV website to see what is available.
Some people in these states drive without a license, which carries significant legal risk. If you are pulled over, you can be cited, fined, and have your vehicle impounded. A conviction for driving without a license can make it harder to find work and can complicate your immigration situation if you ever pursue legal status.
Another option is to move to a state that does issue licenses, if that is feasible for your situation. This is not practical for everyone, but it is worth considering if you live near a state line and have flexibility in where you work or live.
Frequently Asked Questions
Will getting a driver's license hurt my immigration case if I am in deportation proceedings?
A driver's license itself does not hurt your case, but the information you provide to the DMV could be used against you if it contradicts statements you made to immigration authorities. Before you explore, talk to an immigration attorney about your specific situation. Many legal aid organizations offer free consultations.
Can I use a driver's license issued to an undocumented immigrant to cross the border into Canada or Mexico?
No. You need a valid passport or passport card to cross an international border. A driver's license is not sufficient, even if it is valid for driving in your state.
What if I fail the driving test?
You can retake it. Most states allow you to schedule another test within a few weeks. You do not need to resubmit all your documents; you only need to pay the test fee again and show up at the scheduled time.
Do I need car insurance to get a driver's license?
No. You need a license to drive legally, and you need insurance to drive legally, but you do not need insurance to obtain the license itself. However, you cannot legally drive without both a license and insurance.
If I get a license in one state and then move to another state that does not issue licenses to undocumented immigrants, will I lose my license?
Your license remains valid in the new state for the remainder of its term. You can continue to drive legally using that license. However, you cannot renew it in the new state if that state does not issue licenses to undocumented immigrants, so you would need to renew it in your original state or move back to a state that issues them.