What undocumented immigrants can do about driver's licenses
Whether you can get a driver's license as an undocumented immigrant depends entirely on your state. Some states issue licenses to undocumented residents without asking about immigration status. Others require proof of legal residency and will not issue to anyone without it. A few states fall in between, offering a separate document that lets you drive but is not a standard license. You need to know your specific state's rule before you go to the DMV, because the answer determines what documents you bring and what you will walk out with.
The federal REAL ID Act sets a baseline — it requires states to verify legal presence for licenses that can be used for federal purposes like boarding a plane. But states can choose to issue a different kind of license to undocumented residents if they want to. About 20 states currently do this. The rest either refuse outright or have not yet created a separate pathway.
Key Takeaways
- States set their own rules on who can get a driver's license, and roughly 20 states allow undocumented immigrants to get one.
- Some states issue a standard license, some issue a license marked "not for federal purposes," and some issue nothing at all.
- You must bring an unexpired passport or travel document from your home country, proof of state residency, and proof of identity to any state that does issue to undocumented residents.
- States that allow undocumented licenses often require an ITIN (Individual Taxpayer Identification Number) instead of a Social Security number.
States that currently issue driver's licenses to undocumented immigrants
As of now, these states issue standard driver's licenses to undocumented residents: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and Washington D.C. Each has its own document requirements and process, but all of them will issue a license without requiring proof of legal immigration status.
Several other states issue a license or permit marked "not for federal purposes," which means you can drive locally but cannot use it to board a plane or enter a federal building. These include Arizona, New Hampshire, and others. The distinction matters if you ever need to travel by air or cross state lines for federal purposes.
The remaining states do not issue licenses to undocumented immigrants under any circumstance. If you live in one of these states and do not have legal status, you cannot get a standard driver's license through the DMV. Some people in these states drive without a license, which carries serious legal risk — a traffic stop can lead to arrest and deportation proceedings.
What documents you will need to bring
States that issue licenses to undocumented residents typically require the same documents from you as they do from citizens, with one key difference: instead of a Social Security number, you provide an ITIN. An ITIN is a nine-digit tax identification number issued by the IRS to people who file taxes but do not have a Social Security number. You can get an ITIN by filing a tax return with the IRS, even if you did not earn income — many tax preparation organizations help people file for free.
You will also need to bring an unexpired passport or travel document from your home country, proof that you live in the state (such as a utility bill, lease, or bank statement), and proof of identity. Some states accept a consular ID card from your country's embassy or consulate as proof of identity. Check your state's DMV website to see the exact list of documents it accepts, because requirements vary.
Do not bring documents that could raise questions about your immigration status unless the state specifically asks for them. For example, do not bring a border crossing card or a document that shows you entered the country illegally. Bring only what the DMV lists as required.
How the process process works in states that allow it
The process is usually the same as for any other driver's license applicant: you go to your local DMV office, fill out the process form, provide your documents, pass a vision test, and take a written exam about traffic laws. You then take a driving test. Some states let you schedule the driving test online; others have you schedule it at the DMV office after you pass the written exam.
The main difference is that you will use your ITIN instead of a Social Security number on the process. The DMV staff will not ask about your immigration status — that is not their job. They are checking that you have the documents the state requires and that you can pass the tests.
Processing time varies by state and by how busy your local DMV is. Most states issue a temporary license on the spot or within a few days, and mail the permanent license within two to four weeks. Some states are slower. Call your local DMV office or check its website to find out how long it typically takes in your area.
What happens if your state does not issue licenses to undocumented immigrants
If you live in a state that does not issue licenses to undocumented residents, you have limited options. Some people choose to drive without a license, which is illegal and carries serious consequences: a traffic stop can result in arrest, a criminal record, vehicle impoundment, and in some cases, immigration enforcement involvement. A single traffic violation can trigger a chain of events that leads to deportation proceedings.
Other people in this situation use rideshare services, public transportation, or carpool with someone who has a license. This is not always practical depending on where you live and what your work schedule is. Some advocacy organizations in states without undocumented license programs are working to change state law, but that process is slow.
If you are considering moving to a different state, the ability to get a driver's license might be one factor to weigh. States that issue licenses to undocumented residents tend to have larger immigrant communities and more resources for immigrants generally.
Renewing an undocumented immigrant's driver's license
Renewal works the same way as it does for any other driver: you go to the DMV before your license expires, provide proof of state residency, pass a vision test, and pay the renewal fee. You do not have to retake the written or driving test unless your state requires it for all renewals. You will use your ITIN again, just as you did when you first got the license.
Some states let you renew online or by mail. Others require you to come in person. Check your state's DMV website to see which method is available to you. If you are renewing in person, bring the same kinds of documents you brought the first time: your passport or travel document, proof of state residency, and your current license.
Keep track of your license expiration date. Driving on an expired license is illegal, even in states that issue licenses to undocumented residents. Set a reminder a few months before it expires so you have time to renew before it runs out.
How an undocumented license differs from a REAL ID-compliant license
A standard driver's license issued to an undocumented immigrant in a state that allows it is a valid license for driving purposes. You can use it to rent a car, pass a traffic stop, and prove your identity to police. However, it is not REAL ID-compliant, which means you cannot use it for federal purposes.
Federal purposes include boarding a domestic airplane, entering a federal building, or crossing into Canada or Mexico at a land border. If you need to do any of these things, you will need a different form of ID — such as a passport from your home country. This is an important limitation to understand before you get the license, so you are not surprised later.
Some states issue a license that is explicitly marked "not for federal purposes" to make this clear. Others issue a standard-looking license but do not register it with the federal system, so it straightforward will not work for federal ID purposes. Either way, the limitation is the same: it is for driving and state-level identification only.
Frequently Asked Questions
Will getting a driver's license put me at risk of deportation?
No. The DMV does not share driver's license information with immigration enforcement. Getting a license does not change your immigration status or create a record that immigration authorities can use against you. The DMV's job is to issue licenses to people who can drive safely, not to enforce immigration law.
Can I use a consular ID card instead of a passport?
Many states accept a consular ID card (also called a matrícula consular) as proof of identity, but not all do. Some states accept it as one of several acceptable documents; others do not accept it at all. Check your state's DMV website or call your local office to confirm whether it accepts a consular ID card before you go in.
What if I do not have an ITIN yet?
You will need to get one before you can get a driver's license in most states that issue to undocumented residents. You can get an ITIN by filing a tax return with the IRS. Many nonprofit organizations and tax preparation services offer free tax filing help. Once you file, the IRS mails your ITIN to you, which usually takes a few weeks.
Can I get a license if I entered the country illegally?
Yes, in states that issue licenses to undocumented residents. The DMV does not ask how you entered the country. It only checks that you have the required documents and can pass the driving tests. Your method of entry does not affect your ability to get a license in these states.
What should I do if I get pulled over and do not have a license?
Stay calm and polite. Tell the officer you do not have a license. Do not lie or provide false documents. Ask if you can call someone to pick up your vehicle. In states that do not issue licenses to undocumented residents, this is a difficult situation with legal consequences. In states that do issue licenses, this is a sign you should go to the DMV as soon as possible.