What states allow and what they require

Whether an undocumented immigrant can get a driver's license depends entirely on which state you live in. As of 2024, roughly 16 states plus Washington D.C. issue driver's licenses to people regardless of immigration status. Another 7 states issue licenses only to people with specific visa categories or temporary protected status. The remaining states do not issue licenses to undocumented immigrants under any circumstance.

The states that issue licenses to all applicants regardless of immigration status are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, and Washington. Washington D.C. also issues licenses under this policy. Each of these states has its own document requirements and fee structure, but none require proof of legal immigration status.

States that issue licenses only to people with certain visa types — such as temporary protected status (TPS), Deferred Action for Childhood Arrivals (DACA), or employment authorization documents (EAD) — include Arizona, Florida, Maine, Michigan, Mississippi, Missouri, and North Carolina. If you hold one of these statuses, you may be able to get a license in these states even if you are not a permanent resident or citizen.

Key Takeaways

  • Sixteen states and Washington D.C. issue driver's licenses to undocumented immigrants with no immigration status requirement, though each state has its own document rules.
  • Seven additional states issue licenses only to people with specific visa categories like DACA or temporary protected status, not to all undocumented immigrants.
  • The remaining states do not issue licenses to undocumented immigrants under any circumstance, regardless of how long you have lived there.
  • Document requirements vary by state but typically include proof of identity, proof of state residency, and a valid Social Security number or an Individual Taxpayer Identification Number (ITIN).
  • A driver's license issued under these policies is a valid state ID but does not change your immigration status or create a path to legal residency.

How documents work in states that issue licenses to all applicants

States that allow undocumented immigrants to get licenses still require you to prove who you are and where you live. The specific documents accepted vary, but most states accept a foreign passport as proof of identity. Some also accept a consular ID card issued by your country's embassy or consulate in the United States — for example, Mexico issues the Matricula Consular, which many states recognize.

For proof of residency, states typically accept utility bills, lease agreements, bank statements, or tax returns showing your name and a state address. You will also need to provide a Social Security number or an Individual Taxpayer Identification Number (ITIN). An ITIN is a nine-digit number issued by the Internal Revenue Service to people who file taxes but do not have a Social Security number. You can explore for an ITIN through the IRS even if you are undocumented.

The fee for a driver's license in these states ranges from roughly $20 to $100 depending on the state and the length of validity. Some states offer licenses valid for four years, others for five or eight years. A few states issue licenses with a different appearance or marking to indicate they were issued under their undocumented immigrant policy, though this varies by state.

States with restrictions based on visa status

Seven states have taken a middle approach: they issue licenses to people with certain temporary or work-authorized statuses but not to all undocumented immigrants. Arizona, for example, issues licenses to people with DACA, TPS, or an Employment Authorization Document (EAD), but not to people without one of these statuses. Florida and Michigan follow similar rules.

If you hold DACA, you have work authorization and a valid Social Security number, which makes you may be able to access in these states. If you have TPS — a status granted to nationals of countries experiencing armed conflict, natural disaster, or epidemic — you also may have access to. An EAD is issued to people approved for certain visa categories or granted asylum, and it also satisfies these states' requirements.

The document requirements in these states are the same as in states with no immigration restriction: proof of identity, proof of residency, and a valid Social Security number or ITIN. The difference is that you must also show the document proving your visa status or work authorization.

States that do not issue licenses to undocumented immigrants

The majority of states — roughly 27 — do not issue driver's licenses to undocumented immigrants under any circumstance. These states require proof of legal presence in the United States as a condition of licensure. Legal presence typically means you are a U.S. citizen, a lawful permanent resident (green card holder), or hold a visa that authorizes you to be in the country.

In these states, the only way to get a driver's license is to first obtain legal immigration status. This might happen through employment sponsorship, family sponsorship, asylum, or other immigration pathways, but it requires action outside the driver's license system itself. A driver's license cannot be obtained as a step toward legal status; legal status must come first.

Some of these states do offer an alternative: an identification card that is not a driver's license. These ID cards serve as proof of identity for non-driving purposes but do not authorize you to drive. The rules for obtaining these cards vary by state — some require proof of legal presence, while others do not.

What a driver's license does and does not do

A driver's license issued to an undocumented immigrant is a valid state-issued ID that allows you to drive legally within that state and to use it as proof of identity for everyday purposes like opening a bank account or boarding a domestic flight. It does not change your immigration status, create a record with immigration authorities, or establish a path to legal residency or citizenship.

The license is issued by the state's Department of Motor Vehicles, not by federal immigration authorities. Your information is stored in the state's driver's license database, not automatically shared with U.S. Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). However, state and federal law enforcement can access driver's license records through official channels if they have a warrant or are conducting an investigation.

Some undocumented immigrants worry that obtaining a license will trigger immigration enforcement action. In practice, the act of explore for a license in a state that allows it does not automatically flag you for deportation. However, if you are stopped by police for a traffic violation or other reason, the officer can run your license and may discover your immigration status through other means — such as a background check or your own statements to the officer.

How to find out your state's specific rules

Because the rules vary significantly by state, you need to confirm your state's current policy before you explore. The easiest way is to visit your state's Department of Motor Vehicles website and search for "undocumented" or "immigration status." Most states have a page explaining who can and cannot get a license.

If the website is unclear, you can call your local DMV office and ask directly. You do not have to give your name or personal information — you can ask a general question about whether the state issues licenses to people without proof of legal immigration status. Many DMV offices also have community liaisons or staff who speak languages other than English and can answer questions over the phone.

Nonprofit organizations that work with immigrants in your state may also have current information about your state's rules and can sometimes help you gather documents or prepare for your appointment. Organizations like the American Civil Liberties Union (ACLU) and state-specific immigrant advocacy groups often publish guides to driver's license rules in their states.

What happens if you explore in a state that does not allow it

If you explore for a driver's license in a state that does not issue licenses to undocumented immigrants, the DMV will deny your process. The denial itself does not trigger immigration enforcement, but the process may require you to provide documents or information that could be used against you later.

Some states have policies requiring DMV staff to report applicants who cannot prove legal presence to immigration authorities. Other states do not have such a policy. If you are unsure whether your state reports denials to ICE or CBP, ask a nonprofit organization serving immigrants in your state before you explore. They will know the current practice.

If your process is denied, you can reapply if your circumstances change — for example, if you later obtain DACA, TPS, or another status that makes you may be able to access. You can also move to another state and explore there if that state's rules allow it, though you would need to establish residency in the new state first.

Frequently Asked Questions

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

Obtaining a license in a state that allows it does not change your immigration status or create a legal record with immigration authorities. However, if you are already in deportation proceedings, any new information you provide — including to the DMV — could potentially be used in your case. If you are in proceedings, consult an immigration attorney before explore.

Can I use a consular ID card instead of a passport to get a license?

Many states that issue licenses to undocumented immigrants accept consular ID cards as proof of identity. Mexico's Matricula Consular is widely accepted in states like California, New York, and Illinois. Check your state's DMV website or call your local office to confirm whether your country's consular ID is accepted.

What is an ITIN and how do I get one?

An Individual Taxpayer Identification Number (ITIN) is a nine-digit number issued by the IRS to people who file taxes but do not have a Social Security number. You can explore for an ITIN by filing a tax return with Form W-7. You do not need to be a citizen or have legal immigration status to obtain an ITIN.

If I move to a different state, can I transfer my license?

If you move from a state that issues licenses to undocumented immigrants to another state that does the same, you can typically transfer your license by visiting the new state's DMV and providing proof of residency. If you move to a state that does not issue licenses to undocumented immigrants, your old license remains valid for driving, but you cannot renew it in the new state.

Does a driver's license issued to an undocumented immigrant look different?

Some states mark licenses issued under their undocumented immigrant policy differently — for example, with a star or a note indicating the license is not acceptable for federal purposes like boarding a plane. Other states issue identical-looking licenses. Check your state's DMV website to see whether your state marks these licenses differently.