Twenty-one states and Washington, D.C. issue driver's licenses or driving permits to undocumented immigrants

As of 2024, twenty-one states plus Washington, D.C. have laws allowing undocumented immigrants to obtain a standard driver's license or a driving permit without 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, Virginia, Washington, and West Virginia. Each state sets its own requirements, fees, and document rules, so the process and what you need to bring varies significantly.

The remaining states do not issue licenses to undocumented immigrants, though some offer limited alternatives like work permits or ID cards that cannot be used for driving. A few states have passed laws allowing it but have not yet implemented the programs. The federal REAL ID Act does not prohibit states from issuing licenses to undocumented people, but it does require that any license issued to someone without proof of legal status be marked differently or not accepted for federal purposes like boarding a plane.

Key Takeaways

  • Twenty-one states and D.C. allow undocumented immigrants to get a driver's license by showing a state ID number, an ITIN (Individual Taxpayer Identification Number), or a passport from their home country instead of a Social Security number.
  • Most states that allow this require proof of state residency through utility bills, lease agreements, or bank statements, and proof of identity through a passport or consular ID.
  • A license issued under these programs in a REAL ID-compliant state will be marked as not acceptable for federal purposes, meaning it cannot be used to board a domestic flight or enter a federal building.
  • States that do not allow licenses for undocumented immigrants may offer an ID card for identification only, which does not permit driving.
  • The cost, processing time, and exact documents needed differ by state, so you should check your specific state's DMV website or contact them directly before gathering documents.

How states that allow licenses verify identity and residency

States that issue licenses to undocumented immigrants typically require two categories of proof: identity and residency. For identity, most accept a valid passport from your home country, a consular ID (also called a matricula consular), or in some cases a state ID number issued by that state. A few states accept additional documents like a foreign driver's license or birth certificate with a secondary form of ID.

For residency, states generally accept utility bills, lease agreements, bank statements, tax returns, or letters from government agencies showing your name and address. The document usually must be dated within the last 60 to 90 days. Some states allow a combination of documents—for example, a utility bill plus a lease—while others accept a single recent document. You will also need to provide a Social Security number, an ITIN, or a state ID number; states that allow licenses for undocumented immigrants accept an ITIN or state ID in place of a Social Security number.

Which states require an ITIN and how to get one

An ITIN (Individual Taxpayer Identification Number) is a nine-digit number issued by the Internal Revenue Service to people who file taxes but do not have a Social Security number. Many undocumented immigrants obtain an ITIN by filing a tax return, even if no taxes are owed. States like California, Illinois, New York, and Colorado explicitly accept an ITIN as proof of identity for a driver's license process.

To get an ITIN, you file Form W-7 with the IRS, along with proof of identity and proof of residency. You can file by mail or in person at an IRS office or through a tax preparer. The process typically takes four to six weeks by mail. Once you have an ITIN, you can use it for the driver's license process in any state that accepts it. The ITIN itself does not grant you legal status or work authorization—it is only for tax purposes—but it is a widely accepted form of identification for state licensing.

States that do not allow licenses and what alternatives exist

Twenty-nine states do not issue driver's licenses to undocumented immigrants. In these states, you cannot legally drive without a license, and driving without one carries criminal penalties including fines, vehicle impoundment, and possible jail time depending on the state and whether you have prior violations.

Some states in this group offer an alternative ID card for identification purposes only—not for driving. For example, some states issue a "state ID" or "identification card" that shows your name and address but is explicitly marked as not valid for driving. This card can be used to open a bank account, board a domestic flight in some cases, or prove identity to police, but it does not permit you to operate a vehicle. A few states have passed laws allowing licenses but have not yet set up the administrative systems to issue them; in those cases, you would need to check your state DMV website for updates on when the program will launch.

REAL ID compliance and what it means for your license

The federal REAL ID Act, passed in 2005, sets security standards for state-issued IDs and driver's licenses. Under REAL ID, starting May 2025, a standard driver's license will not be accepted for boarding a domestic flight or entering a federal building unless it is REAL ID-compliant. A license issued to someone without proof of legal immigration status cannot meet REAL ID standards, so it will be marked as "not acceptable for federal purposes."

This means that if you obtain a driver's license in a state that allows it for undocumented immigrants, you will be able to drive legally within that state and other states, but you will not be able to use that license to board a domestic flight, enter a federal courthouse, or access certain federal facilities. You can still use it for driving, identification at a traffic stop, and opening a bank account. If you need to fly domestically, you would need to use a passport or other federal-compliant ID from your home country.

How to find your state's specific requirements

Each state's DMV website lists the exact documents, fees, and procedures for obtaining a license. The fastest way to find this information is to visit your state's DMV website directly and search for "undocumented immigrant" or "ITIN driver's license." Most state DMV sites have a dedicated page or FAQ section explaining what documents are accepted and what the process looks like.

If your state's website is unclear, you can call your local DMV office or visit in person to ask. Bring a list of documents you have available—passport, consular ID, utility bills, lease, ITIN—and ask which combination will work for your process. Some states also have community organizations that help undocumented immigrants navigate the licensing process; searching "[your state] immigrant driver's license help" or "[your state] ITIN driver's license" may connect you with local resources that can walk you through the steps.

What happens if you drive without a license in states that do not allow them

In states that do not issue licenses to undocumented immigrants, driving without a license is a criminal offense. Penalties vary by state but typically include fines ranging from several hundred to several thousand dollars, vehicle impoundment, and in some cases jail time. A second or third offense usually carries steeper penalties. Additionally, if you are stopped by police and cannot produce a valid license, you may be detained for immigration enforcement purposes, depending on local police policy and whether you are in a jurisdiction that cooperates with federal immigration authorities.

Some states have reduced penalties for driving without a license if you have no other violations and can show you were unable to obtain a license due to immigration status, but this is not universal. The safest option in a state that does not allow licenses is to avoid driving, use public transportation, or consider moving to a state that does allow licenses if that is feasible for your situation.

Frequently Asked Questions

Can I use a driver's license issued to an undocumented immigrant in another state?

Yes. If you obtain a valid driver's license in one state, you can legally drive in any other state. However, if you move to a state that does not allow licenses for undocumented immigrants, you should check that state's rules about out-of-state licenses. Most states accept out-of-state licenses for driving purposes, but some may not renew or replace it if you become a resident.

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

Obtaining a driver's license does not change your immigration status or create a record that can be used against you in immigration court. The DMV and immigration authorities are separate systems. However, if you are stopped by police and cannot produce a license, that stop could potentially lead to immigration enforcement. Having a valid license actually reduces that risk because you will have legal documentation to show.

What if I do not have a passport or consular ID?

If you do not have a passport or consular ID, you may still be able to get a driver's license in some states by obtaining a consular ID from your country's embassy or consulate. A consular ID is issued by your home country's diplomatic office and serves as proof of identity and citizenship. The process and timeline vary by country, but many countries issue them within a few weeks. Contact your country's nearest embassy or consulate for details.

Can I get a commercial driver's license if I am undocumented?

No. States that allow driver's licenses for undocumented immigrants issue only standard, non-commercial licenses. A commercial driver's license (CDL) requires proof of legal work authorization, which undocumented immigrants do not have. You can drive a personal vehicle but not a commercial truck or bus.

What is the difference between a driver's license and a state ID card?

A driver's license permits you to operate a motor vehicle and serves as identification. A state ID card is for identification only and does not permit driving. In states that do not allow licenses for undocumented immigrants, a state ID card may be available as an alternative for identification purposes, but it cannot be used to drive legally.