Which states issue driver's licenses to undocumented immigrants
As of now, about 20 states and Washington, D.C. issue driver's licenses or driving permits to people without legal immigration status. These states include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and a few others. The list changes periodically as state legislatures pass new laws, so the current number may be different from when you read this.
Each state sets its own rules about who can get a license and what documents are required. A license from one of these states is valid only for driving within that state and for identification purposes within that state — it does not change your immigration status or create a path to legal residency.
Key Takeaways
- About 20 states currently issue driver's licenses to undocumented immigrants, though the specific rules and required documents vary by state.
- Most states that allow this require an Individual Taxpayer Identification Number (ITIN), proof of state residency, and proof of identity — but not a Social Security number or proof of legal status.
- Getting a license in one state does not automatically allow you to drive legally in another state, and does not affect your immigration case.
- The process usually takes a few weeks and involves visiting your state's Department of Motor Vehicles in person with the required documents.
What documents you typically need
Most states that issue licenses to undocumented immigrants require an Individual Taxpayer Identification Number (ITIN), which you can obtain from the IRS even without legal status. You will also need to prove you live in that state — usually with a utility bill, lease agreement, or bank statement in your name — and prove your identity with a passport, consulate ID, or similar document from your home country.
You do not need a Social Security number, and you do not need to prove legal immigration status. Some states require a birth certificate or certified copy; others do not. A few states ask for a letter from an employer or school showing your address. The exact list depends on which state you are in, so check your state's Department of Motor Vehicles website or call their office before you go.
You will also need to pass a written test on traffic laws and a driving test, just as any other applicant would. Some states offer the written test in languages other than English.
How to get an ITIN if you don't have one
An ITIN is a nine-digit number the IRS issues to people who need to file taxes but do not have a Social Security number. You can request one by filling out Form W-7 and sending it to the IRS with documents that prove your identity and that you are a resident of the United States.
Acceptable identity documents include a valid passport, a national ID card from your home country, a consulate ID, a birth certificate, or a driver's license from another country. You can mail the form and documents to the IRS address listed on the form, or you can explore in person at an IRS office or through a tax preparation service that is authorized to help with ITIN applications. The process usually takes four to six weeks by mail.
Once you have an ITIN, you can use it to file taxes and to meet the requirements for a driver's license in states that allow it. An ITIN is not the same as legal status and does not change your immigration situation.
The steps to get a license in your state
First, check your state's Department of Motor Vehicles website to confirm that your state issues licenses to undocumented immigrants and to see the exact documents required. Requirements vary, and some states have changed their rules recently.
Second, gather your documents: your ITIN, proof of state residency, proof of identity, and any other documents your state requires. Make copies of everything.
Third, visit your local DMV office in person. You cannot do this by mail or online. Bring all your original documents and copies. You will fill out an process form (usually the standard driver's license process), pay the fee, take the written test, and schedule a driving test. Some DMVs allow you to take the driving test the same day; others schedule it for a later date.
Fourth, pass the driving test. Once you do, your license will be issued. The whole process from first visit to receiving your license usually takes two to four weeks, depending on how busy your local DMV is.
What your license can and cannot do
A driver's license issued under these state programs is a valid license for driving in that state. You can use it to rent a car, buy car insurance, and prove your identity for everyday purposes like opening a bank account or checking into a hotel.
However, it does not allow you to drive legally in other states. If you travel to a state that does not issue licenses to undocumented immigrants, you cannot legally drive there, even with a valid license from your home state. The license also does not change your immigration status, create a path to legal residency, or protect you from immigration enforcement.
Some employers and institutions may have their own policies about accepting these licenses. It is worth asking in advance if you need the license for a specific purpose.
What happens if your state doesn't issue licenses to undocumented immigrants
If you live in a state that does not issue licenses to undocumented immigrants, you have limited options. You cannot legally drive in that state without a valid license, and getting one is not possible through the standard DMV process.
Some people in this situation move to a neighboring state that does issue licenses, obtain one there, and then return home. However, this is risky because you would be driving in your home state with an out-of-state license, which could raise questions during a traffic stop. Others choose not to drive at all.
Advocacy organizations in some states are working to change these laws. You can contact local immigrant rights groups to learn whether there are efforts underway in your state and how you might support them.
How this affects your immigration case
Getting a driver's license does not help or hurt your immigration case. It does not create a record that immigration authorities can use against you, and it does not give you any legal protection or status. It is straightforward a license to drive.
However, if you are stopped by police while driving, having a valid license for your state makes the interaction simpler and reduces the chance of additional complications. If you do not have a license, a traffic stop is more likely to escalate and could potentially lead to immigration enforcement involvement, depending on local policies and circumstances.
Frequently Asked Questions
Will getting a driver's license show up in an immigration case?
No. A driver's license is a state document issued for driving purposes. It does not create a federal record that immigration authorities use in deportation cases. However, if you are stopped by police, the license shows you are a legal resident of that state for driving purposes, which can make the interaction more straightforward.
Can I use a driver's license from one state to drive in another?
No. A license issued to an undocumented immigrant is valid only in the state that issued it. If you drive in another state, you are driving without a valid license in that state, which is illegal. Some people who travel between states keep their license from their home state and do not drive in states where they cannot get a license.
What if I don't have a passport or ID from my home country?
Most states require some form of identity document, but the acceptable documents vary. Some accept a consulate ID, a birth certificate, or a school ID. Call your state's DMV office and ask what documents they will accept if you do not have a passport. You may also be able to get a consulate ID from your country's embassy or consulate in the United States.
How much does a driver's license cost?
The fee varies by state, usually between $20 and $100 for a standard license. Some states charge the same fee for everyone; others charge different amounts based on how long the license is valid. Check your state's DMV website for the exact fee.
Can I renew my license by mail?
Most states require you to renew in person at the DMV, at least for the first renewal. Some states have started allowing online renewal for certain people, but policies are still changing. When your license is about to expire, check your state's DMV website for renewal instructions.