Most states now issue driver's licenses to immigrants regardless of immigration status, but the rules and documents required vary significantly by state

As of 2024, more than half of U.S. states allow immigrants without lawful immigration status to obtain a driver's license or identification card. These states have made this choice independently—there is no federal rule requiring it or prohibiting it. The specific documents you'll need, the process, and whether you can use the license for federal purposes like boarding a plane all depend on which state you live in.

If you're an immigrant seeking a driver's license, your first step is to check your own state's current rules, because they change and vary widely. A license issued in one state may not be recognized the same way in another, especially for federal purposes.

Key Takeaways

  • Twenty-five states and Washington, D.C. currently issue standard driver's licenses to immigrants regardless of immigration status, though the list changes as states pass new laws.
  • Most states that allow this require an Individual Taxpayer Identification Number (ITIN), a valid passport or consular ID, and proof of state residency such as a utility bill or lease.
  • Some states issue a standard license that works for federal purposes like flying; others issue a license marked as not valid for federal identification, which means you cannot use it to board a plane.
  • Your state's Department of Motor Vehicles (DMV) or equivalent agency is the only source for accurate information about what documents they currently accept and whether the license is federally recognized.

States that currently allow driver's licenses for immigrants

The following states and Washington, D.C. have laws allowing immigrants without lawful status to obtain a standard driver's license: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, Virginia, Washington, and West Virginia. This list reflects laws as of early 2024, but states continue to pass new legislation, so the number may have grown.

In addition, some states issue identification cards (not driver's licenses) to immigrants without status. These cards serve as proof of identity but do not permit you to drive. States like Texas and Florida have explored or implemented ID-only programs as an alternative to full driving privileges.

The safest approach is to contact your state's DMV directly or visit its official website before gathering documents or making the trip. DMV rules and accepted documents change, and staff can tell you exactly what your state requires right now.

Documents you typically need to bring

Most states that issue licenses to immigrants without status require a similar set of documents, though the exact list varies. You will almost always need proof of identity, proof of state residency, and a tax identification number.

For proof of identity, states generally accept a valid passport from your country of origin, a consular ID (also called a matricula consular), or in some cases a national ID card. A few states accept additional documents like a foreign driver's license, but this is less common. For proof of residency, bring a recent utility bill, lease agreement, bank statement, or government mail addressed to you at your current address—usually dated within the last two to three months.

For tax identification, you will need either a Social Security Number (if you have one) or an Individual Taxpayer Identification Number (ITIN). An ITIN is a nine-digit number issued by the Internal Revenue Service to people who file taxes but do not have a Social Security Number. You can request an ITIN by filing a tax return with the IRS, even if you did not earn income in the United States. Some states also accept an Individual Number for Taxpayer Identification (ITIN) letter from the IRS as proof.

How federal recognition works and what it means for you

Not all driver's licenses issued to immigrants are treated the same way by the federal government. Some states issue a standard Real ID-compliant license that works for federal purposes like boarding a domestic flight or entering a federal building. Other states issue a license marked "not valid for federal identification purposes" or similar language.

If your state's license is not federally recognized, you cannot use it to board a plane, enter a federal courthouse, or access certain federal facilities. You would need a passport or other federally accepted document instead. Before you explore, ask your DMV whether the license they issue is Real ID-compliant or carries federal restrictions.

This distinction matters most if you travel by air or need to enter federal buildings. For everyday purposes like driving, banking, or renting an apartment, a non-federally-recognized license usually works fine.

How to find out what your state requires right now

Because state laws change frequently and DMV procedures vary, the most reliable way to learn what your state requires is to contact the DMV directly. Search online for "[Your State] Department of Motor Vehicles" and look for a phone number or live chat option. Many DMVs now have online portals where you can check requirements before visiting in person.

If you speak a language other than English, ask whether the DMV offers interpretation services or translated materials. Many state DMVs provide documents and phone interpreters at no cost. You can also search for community organizations in your area that help immigrants with licensing—they often have current information and can help you gather documents.

Bring a list of questions when you call or visit: What documents do you accept for proof of identity? Do you accept an ITIN or only a Social Security Number? What counts as proof of residency? Is the license federally recognized? How long does the process take? Having these answers before you gather documents will save you time and trips.

What to do if your state does not allow immigrant licenses

If you live in a state that does not currently issue driver's licenses to immigrants without status, you have limited options within that state. However, some people in this situation explore alternatives: moving to a state that does allow it (if that is feasible), obtaining an identification card instead of a license (if your state offers this), or using public transportation and ride-sharing services.

Some states that do not issue licenses to immigrants do issue ID cards for identification purposes only. These cards do not permit driving but can be used for banking, renting an apartment, or other situations where you need to prove your identity. Contact your state DMV to ask whether this option exists.

Advocacy organizations in your state may also be working to change the law. Searching online for "[Your State] immigrant driver's license" may connect you with groups that can provide current information and support.

Frequently Asked Questions

Can I use an ITIN if I have never filed taxes?

You can request an ITIN by filing a tax return with the IRS, even if you had no income to report. You can file a return for free using IRS Free File or with help from a community tax preparation service. Once you have an ITIN, you can use it to explore for a driver's license. Some states may also accept an ITIN letter from the IRS without a tax return, so ask your DMV.

Will getting a driver's license affect my immigration case?

A driver's license itself does not affect immigration proceedings. However, the documents you use to get the license—such as proof of residency—create a record of where you live. If you are concerned about privacy or immigration enforcement, speak with an immigration attorney before explore. Many community legal aid organizations offer free consultations.

Can I use a driver's license from another state if I move?

Each state sets its own rules about whether it will recognize a license issued by another state. If you move to a state that does not allow immigrant licenses, your out-of-state license may still work for driving, but you may be required to get a new license from your new state. Contact your new state's DMV to find out.

What if I do not have a passport or consular ID?

Most states require one of these documents as proof of identity. If you do not have either, contact your state DMV to ask what alternatives they accept—some states may accept a national ID card or other documents. You can also contact your country's consulate to learn how to obtain a consular ID, which is often faster and cheaper than getting a passport.

How long does it take to get a driver's license after I explore?

Processing time varies by state, ranging from a few days to several weeks. Some states issue a temporary license on the spot and mail the permanent one later. Ask your DMV for their current processing time when you explore, so you know when to expect your license.