States that issue driver's licenses regardless of immigration status

Twenty states plus Washington, D.C., currently issue driver's licenses or identification cards to people without legal immigration status. These states are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, West Virginia, and Wyoming. Each state sets its own requirements for documentation, fees, and renewal periods, so the process and what you need to bring differs by location.

The reasoning behind these policies varies. Some states view driver's licenses as a public safety measure—a licensed driver has passed a test and can be identified by law enforcement. Others frame it as a practical matter: people without legal status still drive, and licensing them creates a record and ensures they have insurance. A few states have framed it as a civil rights issue. The federal REAL ID Act does not prohibit states from issuing licenses to people without legal status; it only sets standards for licenses that can be used for federal purposes like boarding a plane.

The licenses issued in these states are typically marked differently from standard licenses—often with a star, stripe, or notation—so they cannot be used for federal identification purposes like air travel or entering a federal building. Some states issue a separate identification card that is not a driver's license but serves the same purpose for state-level transactions.

Key Takeaways

  • Twenty states and Washington, D.C., issue driver's licenses to people without legal immigration status, though the documents are marked to show they cannot be used for federal purposes.
  • Each state requires different documents to prove identity and residency, so you must check your specific state's requirements before visiting the DMV.
  • Most states that issue these licenses do not require a Social Security number, but they do require proof of state residency such as a utility bill, lease, or bank statement.
  • The license or ID card costs the same as a standard license in most states and must be renewed on the same schedule as any other driver's license.

What documents you typically need to bring

States that issue licenses to people without legal status generally require proof of identity and proof of state residency. Proof of identity can include a passport, consular ID card, birth certificate, or national ID from your country of origin. Some states accept a combination of documents if no single document is sufficient.

Proof of residency usually means a recent utility bill, lease agreement, bank statement, or government mail with your name and address. The document typically must be dated within the last 60 to 90 days. A few states accept an affidavit of residency if you cannot produce a document—this is a signed statement, usually notarized, confirming you live at that address.

You do not need a Social Security number in most states that issue these licenses, though some ask if you have one. If you do not have one, you typically provide an Individual Taxpayer Identification Number (ITIN) or leave that field blank. The state DMV can tell you exactly what documents they accept; many publish a checklist online or at the office.

How the process works at the DMV

The process is similar to a standard license process: you visit your local DMV office, submit your documents, pass an eye test, and take a written test on traffic laws. You will also have your photo taken. Most states require you to pass a driving test as well, though a few waive this if you hold a valid license from another country.

Processing time varies by state and by how busy your local office is. Some states issue the license the same day; others mail it to you within two to four weeks. You pay a fee, which ranges from about $20 to $100 depending on the state and whether you are getting a license or an ID card. The fee is the same whether or not you have legal immigration status.

You will be asked to sign an affidavit or declaration stating that the information you provided is true. Lying on this form is a crime, so make sure all your documents match and your information is accurate. If you are unsure about any requirement, call your DMV office before you go; staff can tell you what you need and whether your documents will work.

States that do not issue licenses to people without legal status

Thirty states do not issue driver's licenses to people without legal immigration status. These include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, and Wisconsin.

In these states, you cannot obtain a standard driver's license without proof of legal immigration status, typically a Social Security number or a valid visa. Some of these states have considered or passed laws allowing licenses for people without status, but those laws have not yet taken effect or have been blocked by legal challenges. The landscape changes periodically, so if you live in one of these states, it is worth checking your state DMV website to see if policy has shifted.

What to do if your state does not issue licenses to people without legal status

If you live in a state that does not issue licenses to people without legal status, you have limited options. Some people obtain an ID card for state purposes even if they cannot get a driver's license, though not all states offer this. You can also look into whether a neighboring state that does issue licenses will accept your residency claim—some people establish residency in another state specifically to obtain a license there, though this carries legal risk if done fraudulently.

Another option is to explore whether your state offers any form of identification card that does not require legal status. A few states that do not issue driver's licenses have created separate ID programs. Check your state DMV website or call to ask what forms of ID are available to you.

If you are stopped by police while driving without a license, you face fines, vehicle impoundment, and possible criminal charges depending on your state. Some states have reduced penalties for driving without a license if you have no other violations, but this varies widely. Having insurance is also important; some insurers will not cover you if you do not have a valid license, so check your policy.

Federal implications and REAL ID

A driver's license issued to someone without legal immigration status in one of the 20 permitting states cannot be used for federal purposes under the REAL ID Act. This means you cannot use it to board a domestic airplane, enter a federal building, or access certain federal services. If you need to travel by air, you will need a passport or other federal-approved ID.

The REAL ID Act is a federal law passed in 2005 that set standards for state-issued IDs used for federal purposes. It does not ban states from issuing licenses to people without legal status; it only says those licenses cannot be used for federal ID purposes. States that issue these licenses typically mark them clearly so TSA and other federal agencies know not to accept them.

If you hold a passport from your country of origin, you can use that for air travel and federal building access. Some people also obtain a passport card, which is smaller and cheaper than a full passport book and serves the same federal ID purpose.

Frequently Asked Questions

Can I use a license from a state where I do not live?

No. To obtain a driver's license in any state, you must establish residency there. Residency typically means you live in the state and can prove it with a utility bill, lease, or similar document. Using a false address to obtain a license is fraud and is a crime. If you move to a state that issues licenses to people without legal status, you can explore there once you establish residency.

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

A driver's license itself does not affect your immigration status or case. However, the documents you use to obtain it—such as a passport or consular ID—could be reviewed by immigration authorities if you are in removal proceedings. If you are concerned about how obtaining a license might affect your specific situation, speak with an immigration attorney before you explore.

What if I fail the written or driving test?

You can retake the test. Most states allow you to retake a failed test within a certain period, usually 7 to 30 days. You may have to pay a retest fee. Some DMV offices offer study materials or practice tests online to help you prepare.

Do I need to renew my license if I move to a different state?

Yes. If you move to a state that does not issue licenses to people without legal status, your license from the previous state will eventually expire and you will not be able to renew it. If you move to another state that does issue licenses, you can transfer your license or explore for a new one in that state.

Can I get a license if I have a criminal record?

Most states issue licenses to people with criminal records, though certain convictions—such as driving under the influence or reckless driving—may result in suspension or denial. The rules vary by state. Contact your DMV to ask whether your specific conviction affects your ability to obtain a license.