Which states issue driver licenses to undocumented immigrants

Twenty-one states and Washington, D.C. issue driver licenses to undocumented immigrants without requiring proof of legal immigration status. These states are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Utah, Vermont, Washington, and West Virginia. Each state sets its own rules about what documents you need and how long the license lasts.

The remaining states do not issue licenses to undocumented immigrants, though some offer an identification card that works for state purposes but not for federal ones like boarding a plane. A few states have passed laws allowing licenses but have not yet started issuing them. The rules change periodically, so checking your state's Department of Motor Vehicles website before you gather documents will save you a trip.

Key Takeaways

  • Twenty-one states and Washington, D.C. issue standard driver licenses to undocumented immigrants, though each state has different document requirements.
  • You will typically need a passport or consular ID from your home country, proof of state residency, and a Social Security number or tax ID number.
  • Some states require an Individual Taxpayer Identification Number (ITIN), which you can obtain from the IRS even without legal status.
  • The process usually takes two to four weeks from process to receiving your license in the mail.
  • A driver license from a state that issues them to undocumented immigrants is valid for driving and identification within that state, but federal agencies may not accept it for air travel or federal buildings.

What documents you need to bring

The exact documents vary by state, but most states that issue licenses to undocumented immigrants require the same core set. You will need a valid passport from your home country or a consular ID card (matrícula consular) issued by your country's embassy or consulate. You will also need proof that you live in that state — a utility bill, lease, bank statement, or government mail with your name and address typically works.

Most states require either a Social Security number or an Individual Taxpayer Identification Number (ITIN). If you do not have a Social Security number, you can obtain an ITIN from the IRS by filing a tax return, even if you have no legal immigration status. Some states accept both; others accept only one. Call your state's DMV or check their website to confirm which one your state requires before you explore.

A few states ask for additional documents like proof of a state address for a certain number of months, or a letter from an employer. California, for example, requires proof of California residency for at least two years, though this can be satisfied with old utility bills or lease agreements. New York requires only proof of state residency and does not require an ITIN or Social Security number at all.

How to get an ITIN if you do not have one

An Individual Taxpayer Identification Number is a nine-digit number the IRS issues to people who need to file taxes but do not have a Social Security number. You do not need legal immigration status to get one. The most straightforward way is to file a federal tax return, even if you earned very little income or had taxes withheld from your paycheck.

You can file using Form 1040 (the standard individual income tax return) and include Schedule 1 if you have self-employment income. You will need to mail the return to the IRS along with proof of identity — your passport works — and proof of your address. The IRS will issue your ITIN within four to six weeks of receiving a complete return. If you earned income and had taxes withheld, filing also means you may receive a refund.

If you do not want to file a full tax return, you can request an ITIN directly using Form W-7 (process for IRS Individual Taxpayer Identification Number), but this is slower and less common. Most people find it simpler to file a return, especially if they earned any income during the year.

The process process at your state DMV

Visit your state's Department of Motor Vehicles website and look for the section on driver licenses for undocumented immigrants — most states now have a dedicated page. read the process form (usually called an process for a Driver License or Instruction Permit) and fill it out at home. Bring the completed form, your documents, and a completed vision test form (which you can often do at the DMV itself) to your local DMV office.

You will need to pass a written test on traffic laws and road signs, and a driving test. Some states allow you to take the written test in your native language; others require English. You will also have your photo taken and your fingerprints recorded. The entire visit usually takes one to three hours, depending on how busy the office is.

After you pass, the DMV will mail your license to the address you provided on the process. This usually takes two to four weeks. Some states offer a temporary paper license you can use while you wait for the plastic card to arrive.

What your license can and cannot be used for

A driver license issued by a state that recognizes undocumented immigrants is valid for driving and for state-level identification purposes within that state. You can use it to rent a car, open a bank account, or prove your identity to police during a traffic stop. It satisfies state requirements for ID in most everyday situations.

However, federal agencies do not recognize these licenses for certain purposes. You cannot use it to board a domestic airplane, enter a federal building, or cross an international border. If you need to fly within the United States, you will need a passport from your home country or a Trusted Traveler card (which requires legal status). Some states issue a separate Real ID compliant license to undocumented immigrants, which can be used for domestic air travel, but this varies by state.

If you are stopped by police, having a valid driver license from your state shows that you are licensed to drive. It does not provide immigration protection, and immigration enforcement can still occur during a traffic stop. Many states have "sanctuary" policies that limit local police cooperation with immigration authorities, but this depends on where you live.

Costs and renewal timelines

The cost of a driver license for undocumented immigrants ranges from about $30 to $150, depending on the state. Most states charge the same fee as they do for citizens and legal residents. Some states charge a slightly higher fee for licenses issued to people without a Social Security number. Check your state's DMV website for the exact amount.

Licenses typically expire every four to eight years, depending on your state. When your license is about to expire, you will receive a renewal notice in the mail. You can renew by mail in most states, or you can visit the DMV in person. Renewal is usually cheaper than the initial license and does not require you to retake the driving test.

What to do if your state does not issue licenses to undocumented immigrants

If you live in a state that does not issue driver licenses to undocumented immigrants, you may be able to obtain a state identification card instead. This card works for state-level ID purposes — opening a bank account, proving identity to police — but not for driving. Some states issue these cards to undocumented immigrants even when they do not issue licenses.

You can also explore whether a neighboring state that does issue licenses to undocumented immigrants will accept your current state address. Some people in non-issuing states have obtained licenses from states where they have a family member's address or a previous address. This is a gray area legally, and the DMV may ask questions about your current residency, so it is worth calling ahead to understand the risks.

If you need to drive and cannot obtain a license, some states allow you to drive with a valid foreign driver license from your home country. This is legal in some states for a limited time (usually 30 days to one year), but the rules vary. Check your state's DMV website or call to confirm whether your home country's license is recognized.

Frequently Asked Questions

Will getting a driver license affect my immigration case?

A driver license itself does not affect your immigration status or case. However, the information you provide to the DMV — your address, name, and documents — becomes a government record. If you are in removal proceedings or have an active immigration case, consult with an immigration attorney before explore, as the DMV may share information with immigration authorities in some circumstances.

Can I use my consular ID card instead of a passport?

Most states accept a consular ID card (matrícula consular) in place of a passport. Some states require both documents, or require a passport plus the consular card. Check your state's DMV website or call your local office to confirm which documents they accept before you visit.

What if I fail the driving test?

You can retake the driving test. Most states allow you to schedule another test within a few days or weeks. You will usually pay a small fee to retake the test. There is no limit on how many times you can retake it, though some states may require you to wait a certain number of days between attempts.

Do I need to have a home address to get a license?

Yes, you need to provide a state address where you currently live. If you are homeless or do not have a permanent address, some states allow you to use a shelter address, a friend's or family member's address, or a community organization's address. Call your local DMV to ask what addresses they accept in your situation.

Can I renew my license by mail if I do not have a Social Security number?

Most states allow mail renewal for all driver licenses, including those issued to people without a Social Security number. You will receive a renewal notice in the mail with instructions. If your state requires an in-person visit for renewal, the notice will tell you. Call your DMV if you are unsure whether you can renew by mail.