What states allow undocumented immigrants to get a driver's license
As of now, 21 states plus Washington, D.C. issue driver's licenses to undocumented immigrants. These states are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and West Virginia. Each state sets its own rules about what documents you need and what the license can be used for.
The process and requirements differ significantly from state to state. Some states issue a standard driver's license identical to what citizens receive. Others issue a license marked as valid only for driving within that state, or one that cannot be used for federal purposes like boarding a domestic flight. A few states issue a separate document called a "driving privilege card" instead of a traditional license.
If you live in a state not listed above, you cannot get a driver's license through the standard process. Some states have introduced bills to allow this, but they have not yet become law. Your options in those states are limited to learning the specific rules where you live, which may change.
Key Takeaways
- Twenty-one states and Washington, D.C. currently issue driver's licenses to undocumented immigrants, though the documents vary in what they can be used for.
- Each state requires different documents to prove identity and residency, so you will need to check your specific state's requirements before visiting the DMV.
- Some states issue a standard license, while others issue a license marked for in-state driving only or a separate driving privilege card.
- If your state does not issue licenses to undocumented immigrants, you have no legal way to drive, and doing so without a license carries criminal penalties.
Documents you will need to bring
The documents required vary by state, but most ask for proof of identity, proof of residency, and proof of Social Security number or an Individual Taxpayer Identification Number (ITIN). Proof of identity might be a passport, consular ID, or birth certificate. Proof of residency is usually a utility bill, lease, or bank statement with your name and address.
Some states do not require a Social Security number at all. Others require an ITIN, which you can obtain from the IRS even without immigration status. A few states ask for an ITIN or a letter from the IRS stating you are not may be able to access for a Social Security number. Check your state's DMV website or call your local office to confirm exactly what documents they accept, because requirements change and some documents may not be accepted if they are expired or in a language other than English.
Bring originals or certified copies, not photocopies. Many states will not accept documents that are damaged, water-stained, or difficult to read. If your documents are in another language, bring both the original and an official English translation.
How the process works at the DMV
Visit your state's DMV website to find the office nearest you and confirm their current hours and any appointment requirements. Some states require you to book an appointment online; others operate on a first-come, first-served basis. Bring all required documents, your completed process form (which you can usually read from the DMV website or fill out on arrival), and payment for the license fee.
At the DMV, you will take a written test on traffic laws and road signs, a vision test, and a driving test. The written test is usually offered in multiple languages. If you fail any test, you can retake it; the number of free retakes and the wait time between attempts varies by state. After you pass all tests, you will have your photo taken and receive your license on the same day or within a few weeks, depending on the state.
The entire process typically takes one to three hours at the DMV office, though the written and driving tests may need to be scheduled on different days. Bring a pen, arrive early, and have your documents organized before you reach the counter.
What you can and cannot do with the license
In states that issue a standard driver's license to undocumented immigrants, you can use it to drive legally within that state and to prove your identity for everyday purposes like opening a bank account or renting an apartment. You can also use it to drive across state lines, though other states will recognize it only as proof that you are licensed to drive in your home state.
However, you cannot use any driver's license issued to an undocumented immigrant for federal purposes. This means you cannot use it to board a domestic flight, enter a federal building, or explore for certain jobs that require federal background checks. If your license is marked "not for federal purposes" or "driving privilege card," this restriction is printed on the document itself.
Some states allow you to use the license to renew your vehicle registration and to purchase auto insurance. Others require additional documents or a different process for these tasks. Check your state's DMV website for specifics about what you can do with your license once you receive it.
Renewing your license and keeping it current
Driver's licenses issued to undocumented immigrants expire on the same schedule as licenses for citizens, usually every four to eight years depending on your state. You can renew by mail, online, or in person at the DMV, following the same process as any other driver. You will need to bring proof of residency again at renewal time, though you may not need to retake the written or driving test.
If your address changes, you must update it with the DMV. If your license is lost or stolen, report it to the police and request a replacement at the DMV. If you move to a different state, you will need to get a license in that state if it issues them to undocumented immigrants, or you will no longer be able to drive legally.
What happens if you drive without a license
Driving without a valid license is a criminal offense in all states, regardless of immigration status. The penalties include fines ranging from a few hundred to several thousand dollars, a court appearance, and a criminal record. In some states, a second or third offense can result in jail time. A criminal conviction can affect your immigration case if you have one pending.
If you are stopped by police and cannot produce a valid license, you may be arrested, your vehicle may be impounded, and you may face additional charges. Even if you are not deported as a result, a criminal record makes many aspects of life harder: you may lose your job, be unable to rent housing, or face problems if you ever seek to change your immigration status.
If your state does not issue licenses to undocumented immigrants, the legal reality is that you cannot drive. This is a difficult situation, but the consequences of driving without a license are severe enough that many people in this position choose not to drive, use public transportation, or arrange rides with licensed drivers.
States that do not issue licenses and your alternatives
In the 29 states that do not issue driver's licenses to undocumented immigrants, you have limited options. Public transportation, carpooling with licensed drivers, and ride-sharing services like Uber or Lyft are legal alternatives. Some communities have volunteer driver networks or transportation information programs for people without licenses, though these are not widely available.
A few states have introduced bills to allow undocumented immigrants to get licenses, but these bills have not yet passed. If you live in a state considering this change, you can contact your state representative to express support. In the meantime, check whether your state offers any other form of identification document that might help you open a bank account or prove your identity for other purposes.
Frequently Asked Questions
Will getting a driver's license affect my immigration case?
Getting a driver's license in a state that allows it should not affect your immigration case on its own. However, if you are stopped while driving and do not have a license, or if you are convicted of a crime related to driving without a license, that can create serious problems for your case. Always carry your license if you have one.
Can I use my driver's license to travel outside the United States?
No. A driver's license is not a travel document. You will need a valid passport or travel document from your country of origin to leave the United States and return. A U.S. driver's license will not help you cross an international border.
What if I fail the written or driving test?
You can retake the test. Most states allow you to retake it within a few days or weeks at no additional cost, though some charge a small fee after the first or second attempt. Check your state's DMV website for the specific number of free retakes and the waiting period between attempts.
Do I need car insurance if I have a driver's license?
Yes. All states require you to carry auto insurance to drive legally. You can purchase insurance from any insurance company; having a driver's license issued to an undocumented immigrant does not prevent you from buying insurance. Some insurance companies may ask additional questions, but most will insure you.
What if my state's DMV asks for a Social Security number and I do not have one?
Ask the DMV whether they accept an ITIN instead. If they do, you can obtain an ITIN from the IRS by filing Form W-7. If your state requires a Social Security number and will not accept an ITIN, you cannot get a driver's license in that state under current law.