What undocumented immigrants can do right now

Whether you can get a driver's license as an undocumented immigrant depends entirely on which state you live in. Twenty states plus Washington, D.C., currently issue driver's licenses or permits to people regardless of immigration status. Thirteen other states issue licenses only to people with specific visa types. The remaining states do not issue licenses to undocumented immigrants at all. This means your options are determined by state law, not federal law, and they change as states pass new legislation.

If your state does issue licenses to undocumented immigrants, the process is usually the same as for any other applicant — you show up with documents, pass a test, and pay a fee. The main difference is which documents you can use to prove who you are and where you live. Most states that allow undocumented immigrants to get licenses accept an Individual Taxpayer Identification Number (ITIN) instead of a Social Security number, and they accept documents like a foreign passport, a consulate ID card, or a Mexican matricula consular as proof of identity.

Key Takeaways

  • Twenty states and Washington, D.C., issue driver's licenses to undocumented immigrants without restrictions on visa status.
  • Thirteen states issue licenses only to people with certain visa types, such as temporary protected status or deferred action for childhood arrivals.
  • The remaining states do not issue licenses to undocumented immigrants, though some offer a separate driving permit with limited use.
  • States that do issue licenses typically accept an ITIN, a foreign passport, or a consulate ID card as proof of identity instead of a Social Security number.
  • You will need to check your specific state's rules before going to the DMV, because the documents required and the process itself vary significantly.

States that issue licenses without immigration restrictions

The states that currently issue driver's licenses to all undocumented immigrants are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Missouri, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Washington, and West Virginia. Washington, D.C., also issues licenses to undocumented immigrants. This list has grown over the past decade and may continue to change as more states pass legislation.

In these states, you do not need to prove legal immigration status to get a license. You will still need to prove your identity, residency, and that you can drive safely — the same requirements as anyone else. The documents you use to prove identity and residency will be different from what a citizen or permanent resident might use, but the DMV in your state will have a specific list of documents they accept. Most of these states accept an ITIN as proof of a tax identification number, a foreign passport, a state ID from your home country, or a consulate ID card.

States with restrictions based on visa status

Thirteen states issue driver's licenses only to people with certain immigration statuses. These typically include people with Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), or other forms of temporary legal status. The states with these restrictions are: Arizona, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, North Carolina, and Ohio.

If you live in one of these states and have DACA, TPS, or another form of temporary legal status, you can usually get a license by showing your work permit or other proof of that status. If you do not have one of these statuses, you cannot get a standard driver's license in your state. Some of these states offer a separate driving permit or ID card with limited use — for example, it may be valid only for driving and not for other purposes like boarding a plane — but the rules vary by state.

States that do not issue licenses to undocumented immigrants

The remaining states do not issue driver's licenses to undocumented immigrants under any circumstances. These states are: Alabama, Alaska, Arkansas, Idaho, Maine, Massachusetts, Nebraska, New Hampshire, New Jersey, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, Wisconsin, and Wyoming.

In these states, you cannot get a standard driver's license without proof of legal immigration status. Some states in this group offer a separate ID card or permit that allows you to drive but comes with restrictions — for example, it may not be accepted as identification for other purposes, or it may be marked differently than a standard license. The rules about what these permits allow vary significantly, so you would need to contact your state's DMV directly to find out what options exist in your state.

Documents you will need if your state issues licenses

If you live in a state that issues licenses to undocumented immigrants, you will need to bring documents to prove three things: who you are, where you live, and that you can drive. The specific documents accepted vary by state, but here is what most states in this category accept.

For proof of identity, most states accept a foreign passport, a consulate ID card (such as a Mexican matricula consular), a state ID from your home country, or a national ID card. Some states also accept a birth certificate with a photo ID. For proof of residency, most states accept a utility bill, a lease or rental agreement, a bank statement, or a mortgage statement — the same documents used by anyone else. For proof that you can drive, you will take a written test and a driving test, just as anyone else would.

Instead of a Social Security number, you will provide an Individual Taxpayer Identification Number (ITIN). If you do not have an ITIN, you can explore for one through the IRS. The process takes several weeks, so explore well before you plan to go to the DMV. You will need to bring your ITIN letter or your tax return showing your ITIN when you explore for your license.

How to find out what your state allows

The fastest way to find out whether your state issues licenses to undocumented immigrants is to go to your state's DMV website and search for "undocumented" or "immigration status." Most state DMV websites have a page that explains the documents they accept and whether immigration status matters. If you cannot find this information on the website, you can call your state's DMV directly and ask.

You can also contact a local immigration legal aid organization, which often has up-to-date information about driver's license rules in your state. Many of these organizations offer free or low-cost consultations. If you search for "[your state] immigration legal aid" or "[your city] legal aid," you should find organizations near you that can answer questions about driver's licenses and other immigration-related topics.

What happens if you get a license in one state and move to another

If you get a driver's license in a state that allows undocumented immigrants to get licenses, and then you move to a state that does not, your license remains valid for driving in that new state. However, you cannot renew it in the new state if that state does not issue licenses to undocumented immigrants. You would need to keep renewing your license in your original state, which may mean traveling back or renewing by mail if your state allows it.

Some people in this situation choose to keep their out-of-state license as long as it remains valid. Others move back to a state where they can renew. The rules about whether you can use an out-of-state license in a new state vary, so it is worth checking with your new state's DMV about what they accept.

Frequently Asked Questions

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

Getting a driver's license in a state that allows it does not affect your immigration status or your ability to pursue any immigration relief. A driver's license is a state document, not a federal one, and it does not change your legal standing with immigration authorities. However, if you are in removal proceedings or have a pending case, it is worth asking your immigration attorney before you explore, because they may have specific information based on your situation.

Can I use a driver's license from another country to drive in the United States?

A foreign driver's license is not valid for driving in the United States. You must have a U.S. driver's license issued by a state. If your state does not issue licenses to undocumented immigrants, you cannot legally drive in that state. Some people in this situation move to a state where they can get a license, or they explore other options like taking a rideshare service instead of driving.

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

If you do not have a foreign passport or consulate ID, contact your state's DMV to ask what other documents they accept as proof of identity. Some states accept a birth certificate with a photo ID, a national ID card, or other documents. You can also contact your country's consulate to ask about getting a consulate ID card, which is often faster and cheaper than getting a new passport.

How long does it take to get a driver's license if I am undocumented?

The timeline is usually the same as for any other applicant — typically a few weeks from the time you explore to when you receive your license. However, if you need to get an ITIN first, add several weeks for that process. It is worth starting early if you know you will need a license, so you have time to gather documents and explore for an ITIN if necessary.

Do I need to be a resident of a state to get a license there?

Yes, you must show proof of residency in the state where you explore for a license. Most states accept a utility bill, lease, or bank statement as proof. If you are living with someone else and do not have a document in your name, you can usually bring a letter from the person whose name is on the bill, along with a document showing your relationship to them.