Thirteen states and Washington, D.C. currently issue driver's licenses or driving permits to people without legal immigration status

As of 2024, thirteen states have laws permitting undocumented immigrants to obtain a standard driver's license or a driving permit: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Nevada, New Mexico, New York, Utah, and Vermont. Washington, D.C. also issues licenses under this policy. Each state sets its own requirements for documentation, testing, and fees, so the process and what you need to bring differs by location.

These programs emerged over the past two decades as states weighed public safety, road access, and immigration enforcement separately. The reasoning behind them varies: some states prioritize having all drivers tested and insured regardless of status; others frame it as a practical recognition that undocumented residents already drive. A few states have added these programs recently, while others have had them for over a decade.

The licenses issued in these states are typically marked to show they are not proof of legal presence in the United States. Some states call them "standard" licenses anyway; others use labels like "driving privilege card" or note the limitation on the document itself. Federal agencies like Immigration and Customs Enforcement (ICE) can still access DMV records in most states, though some have passed laws limiting what they can obtain without a warrant.

Key Takeaways

  • Thirteen states plus Washington, D.C. issue driver's licenses to undocumented immigrants, though each state's documentation requirements and fees differ.
  • Most of these licenses are marked to indicate they are not proof of legal status and cannot be used for federal purposes like boarding a domestic flight.
  • States that issue these licenses typically require proof of identity, proof of state residency, and a passing score on written and driving tests, just as they do for other applicants.
  • Some states limit what information ICE can access from DMV records without a warrant, while others do not restrict federal access.
  • The process and timeline vary by state; some DMVs process applications within days, while others have longer waits due to demand.

How each state structures its license or permit program

California issues a standard driver's license to undocumented immigrants and has done so since 2015. Applicants must provide an Individual Taxpayer Identification Number (ITIN) or a tax return, proof of California residency (such as a utility bill or lease), and pass the written and driving tests. The license looks identical to those issued to citizens and permanent residents, though DMV records note the applicant's status. California processes most applications within weeks, though some DMVs have longer waits.

New York began issuing licenses in 2019 and calls them standard driver's licenses. The state requires an ITIN, proof of residency, and passing test scores. New York's license does not visually distinguish applicants by status, though the DMV database records it. Processing typically takes several weeks.

Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Nevada, New Mexico, Utah, and Vermont each have their own variations. Some require an ITIN; others accept a foreign passport or consular ID. Some issue a standard license; others issue a "driving privilege card" or similar document with explicit labeling that it is not proof of legal status. A few states charge lower fees than they do for standard licenses. Processing times range from days to several weeks depending on the state and current DMV workload.

Washington, D.C. issues a standard driver's license to undocumented immigrants and requires an ITIN, proof of residency, and passing tests. The process is similar to other jurisdictions and typically takes one to two weeks.

What documents you typically need to bring

Most states that issue licenses to undocumented immigrants require three categories of documents: proof of identity, proof of state residency, and proof that you have passed the written and driving tests (which you take at the DMV).

For proof of identity, states accept documents such as a foreign passport, a consular ID card issued by your country's embassy or consulate, or a national ID from your home country. Some states also accept a combination of documents—for example, a birth certificate plus a school record or medical record. An ITIN is required by most states; you obtain an ITIN by filing a tax return with the IRS, even if you have no income to report.

For proof of residency, states typically accept a utility bill, lease agreement, mortgage statement, bank statement, or government mail (such as a tax notice) showing your name and a state address. The document usually must be dated within the past two to three months. A few states accept an affidavit of residency signed by a notary if you cannot produce a utility bill or lease.

You must pass the written test (covering traffic laws and road signs) and the driving test (demonstrating safe operation of a vehicle) just as any other applicant does. Some states offer the written test in multiple languages; others offer it only in English. Check your state's DMV website for the languages available.

States that restrict ICE access to DMV records

Several states have passed laws limiting what federal immigration enforcement can access from DMV records without a warrant. California, Colorado, Connecticut, Delaware, Illinois, Maryland, Minnesota, New York, and Vermont have enacted restrictions of varying strength.

California's law is among the strictest: ICE cannot access DMV records without a warrant signed by a judge, and the state does not share information with ICE voluntarily. Colorado, Connecticut, Delaware, Illinois, Maryland, Minnesota, New York, and Vermont have similar protections, though the exact scope varies. Some states restrict access to certain records (such as address information) but allow access to others; some require a warrant for all inquiries.

Hawaii, Nevada, New Mexico, Utah, and Washington, D.C. do not have explicit restrictions on ICE access to DMV records. In these jurisdictions, federal immigration enforcement may be able to obtain DMV information through administrative channels or subpoena, depending on federal law and the specific request.

If you are concerned about your privacy and immigration enforcement, research your state's specific restrictions before explore. Your state's DMV website or a local immigration legal services organization can explain what protections explore where you live.

How these licenses work across state lines and for federal purposes

A driver's license issued by one state is recognized as valid identification in all other states for the purpose of driving. However, licenses issued to undocumented immigrants under these state programs are typically not accepted for federal purposes, even if the license itself looks identical to a standard license.

Federal purposes include boarding a domestic airplane, entering a federal building, or explore for certain federal benefits. The Real ID Act, passed by Congress in 2005, set standards for what a state-issued ID must contain to be accepted for federal purposes. Most states that issue licenses to undocumented immigrants do not meet Real ID standards for those applicants, or they explicitly exclude these licenses from Real ID compliance.

For driving purposes within the United States, your license is valid in any state. If you are stopped by police in another state, an out-of-state license issued to an undocumented immigrant is still proof that you are a licensed driver. However, if you are asked for federal-compliant ID (such as at an airport), a license issued under these programs will not meet that requirement.

Timeline and fees for obtaining a license

The cost of a driver's license for undocumented immigrants varies by state. Some states charge the same fee as they do for standard licenses (typically $20 to $50 for a four- or five-year license). Others charge a lower fee, sometimes $10 to $30. A few states charge a higher fee. Check your state's DMV website for the exact amount.

The timeline from process to receiving your license also varies. In states with lower demand or newer programs, you may receive your license within days or one to two weeks. In states with high demand—particularly California and New York—the wait can be several weeks to two months, depending on the DMV office and current workload. Some DMVs allow you to book an appointment online; others operate on a first-come, first-served basis.

You must pass the written test and the driving test before the license is issued. Most people take both tests on the same day as their appointment, though some states allow you to take the written test at home or online. If you fail either test, you can retake it; the number of free retakes and the fee for additional attempts vary by state.

What happens if you move to a state that does not issue these licenses

If you obtain a license in one of the thirteen states or Washington, D.C. and then move to a state that does not issue licenses to undocumented immigrants, your license remains valid for driving in that state. You do not have to surrender it or renew it early straightforward because you have moved.

However, if your license expires while you are living in a state that does not issue new licenses to undocumented immigrants, you will not be able to renew it in that state. You would need to return to the state where you obtained it to renew, or you would need to obtain a license in another state that issues them. Some people maintain a license in their original state for this reason, even after moving.

If you are stopped by police in a state that does not issue these licenses and you present a license from a state that does, the license is still valid proof that you are a licensed driver. The police officer will not refuse to recognize it based on where it was issued.

Frequently Asked Questions

Do I need an ITIN to get a driver's license in these states?

Most of the thirteen states require an ITIN, though a few accept alternative documents such as a foreign passport or consular ID. You obtain an ITIN by filing a tax return with the IRS; you do not need to have earned income to file. Check your specific state's DMV website to see whether an ITIN is required or whether other documents are accepted.

Can I use this license to fly on a domestic airplane?

No. Licenses issued to undocumented immigrants under these state programs do not meet federal Real ID standards and cannot be used for federal purposes such as boarding a domestic flight. You would need a passport or other federally compliant document for air travel.

Will getting a license affect my immigration case or status?

Getting a driver's license does not change your immigration status. However, the DMV records that you obtained a license, and in states without restrictions on ICE access, federal immigration enforcement may be able to obtain that information. In states with restrictions (such as California, New York, and others), ICE cannot access your DMV records without a warrant. Consult with an immigration attorney in your state if you have concerns about how obtaining a license might affect a pending case.

What if I fail the written or driving test?

You can retake the test. Most states allow at least one free retake; additional attempts may have a fee. The number of retakes allowed and the fee structure vary by state. You do not lose your process or have to start over; you straightforward schedule another test appointment.

Can I renew my license by mail or online?

Renewal options vary by state. Some states allow online renewal for standard licenses but require in-person renewal for licenses issued to undocumented immigrants. Others allow mail renewal. Check your state's DMV website or call your local DMV office to confirm what renewal methods are available for your license type.