New Jersey issues driver licenses to undocumented immigrants without requiring proof of legal status
New Jersey allows undocumented immigrants to obtain a standard driver license through the Motor Vehicle Commission (MVC). You do not need to prove citizenship or lawful immigration status. The state treats a driver license as a document that verifies your ability to drive safely, not your right to live or work in the country.
This policy has been in place since 2020. The license you receive is identical to one issued to a U.S. citizen — it carries no marking or notation indicating immigration status. You can use it to drive legally in New Jersey and as a form of identification for everyday transactions like opening a bank account or boarding a domestic flight.
Key Takeaways
- New Jersey does not require proof of citizenship, Social Security number, or immigration status to obtain a driver license.
- You will need an Individual Taxpayer Identification Number (ITIN) or a foreign passport number to complete the process.
- The MVC accepts a combination of documents to prove identity and residency, including foreign passports, consular IDs, and utility bills.
- The license is valid for four years and costs the same as any other New Jersey driver license.
- A New Jersey driver license does not affect your immigration case or create a record that immigration authorities can use against you.
Documents you need to bring to the MVC
The Motor Vehicle Commission requires proof of identity, proof of New Jersey residency, and a way to identify yourself for tax purposes. You do not need a Social Security number.
For proof of identity, you can bring a foreign passport, a consular ID issued by your country's embassy or consulate, a national ID card from your home country, or a Trusted Traveler card (NEXUS, SENTRI, or Global Entry). The document must be valid or expired no more than two years ago.
For proof of New Jersey residency, bring two documents that show your name and a New Jersey address. Acceptable documents include a utility bill, lease agreement, mortgage statement, property tax bill, or mail from a government agency. The documents must be dated within the last 60 days.
For tax identification, you will need either an Individual Taxpayer Identification Number (ITIN) or your foreign passport number. If you do not have an ITIN, you can explore for one through the Internal Revenue Service (IRS) before visiting the MVC, or you can provide your passport number instead.
how the process works at the Motor Vehicle Commission
Visit an MVC office in person. You cannot complete this process online or by mail. Bring all required documents listed above, plus a completed process form (Form BA-298, the standard driver license process).
When you arrive, tell the staff member that you are explore as an undocumented immigrant. This is not a legal problem — the MVC has a standard process for these applications. You will take a written test on traffic laws and road signs, then a vision test, then a road test to demonstrate your driving ability. The written test is offered in multiple languages, including Spanish.
Processing typically takes one to two weeks. You will receive a temporary license document at the office that you can use to drive when ready while your permanent license is being printed and mailed to your address.
What an ITIN is and how to get one
An Individual Taxpayer Identification Number is a nine-digit number issued by the IRS to people who do not have a Social Security number but need to file taxes or conduct other financial business. It looks like a Social Security number but begins with the number 9.
You can explore for an ITIN by filing Form W-7 with the IRS. You will need to include proof of identity (your foreign passport works) and proof of residency. You can mail the form and documents to the IRS, or you can explore in person at an IRS office or through a certified acceptance agent. The process typically takes four to six weeks by mail.
If you do not have time to get an ITIN before visiting the MVC, you can use your foreign passport number instead. The MVC accepts either one.
What happens after you receive your license
Your New Jersey driver license is valid for four years. You can renew it by visiting the MVC again before it expires, using the same documents you brought the first time.
The license does not expire if you leave New Jersey and move to another state, but you will need to obtain a license in your new state if you plan to drive there. A New Jersey license is recognized as valid identification for driving in all 50 states and most countries.
The fact that you obtained a license in New Jersey does not create a separate record that immigration authorities can access. The MVC does not share driver license information with U.S. Immigration and Customs Enforcement (ICE) or other federal immigration agencies. Your license is a state document, and the state does not report your immigration status to federal authorities based on this transaction.
Differences between a standard license and a REAL ID license
New Jersey offers two types of driver licenses: a standard license and a REAL ID-compliant license. The REAL ID license has a gold star in the upper right corner and meets federal requirements for boarding commercial flights and entering federal buildings.
Undocumented immigrants can obtain a standard license but not a REAL ID license. The REAL ID process requires proof of lawful status in the United States, which you cannot provide. For domestic air travel, you can use your foreign passport instead of a REAL ID license.
Frequently Asked Questions
Will getting a driver license affect my immigration case?
No. The MVC does not report your immigration status to immigration authorities. Your driver license is a state document used for driving and identification purposes only. It will not be used against you in immigration proceedings, and it does not create a record that ICE can access.
Can I use a consular ID instead of a passport?
Yes. A consular ID issued by your country's embassy or consulate is acceptable proof of identity at the MVC. It must be valid or expired no more than two years ago. Many people find a consular ID easier to obtain than a passport.
What if I don't have an address yet or I'm staying with someone temporarily?
You can use the address where you are currently staying as your residency address. Bring two documents showing that address in your name — a utility bill, lease, or mail from a government agency. If the address is not yet in your name, ask the person you are staying with to bring a utility bill or lease in their name along with a letter confirming you live there.
Can I get a license if I've been in New Jersey less than 60 days?
You need two documents showing your New Jersey address dated within the last 60 days. If you have not been in the state long enough to receive bills or mail, ask your landlord or the person you are staying with to provide a lease or utility bill in their name, plus a signed letter confirming your residency. The MVC accepts this combination.
What if I fail the written or road test?
You can retake the test. There is no limit on how many times you can attempt it. You pay a fee each time you take the road test, but the written test is included with your process fee. Schedule your next attempt at the MVC office or online through the MVC website.