What undocumented immigrants can and cannot do with a driver's license

An undocumented immigrant can obtain a driver's license in some states, but a driver's license does not grant voting rights in any state. These are two separate legal questions with different answers depending on where you live.

As of 2024, 16 states plus Washington, D.C. issue driver's licenses to undocumented immigrants regardless of immigration status. These states are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, and Washington. In these states, the license is valid for driving and identification purposes only — it carries no voting authority.

In the remaining 34 states, undocumented immigrants cannot obtain a standard driver's license. Some of these states offer an alternative document called a driving privilege card or certificate of driving ability, which allows you to drive legally but is not accepted as proof of citizenship or residency for other purposes.

Key Takeaways

  • Sixteen states and Washington, D.C. issue driver's licenses to undocumented immigrants, but the license is for driving only and does not permit voting.
  • In states that do not issue licenses to undocumented immigrants, some offer a driving privilege card that allows legal driving without establishing residency or citizenship.
  • Voting in federal, state, and local elections requires U.S. citizenship, which a driver's license — standard or privilege card — does not establish.
  • States that issue licenses to undocumented immigrants use separate verification systems to prevent non-citizens from registering to vote.

Which states allow undocumented immigrants to get a driver's license

The 16 states that issue licenses to undocumented immigrants 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 to undocumented immigrants. Each state sets its own requirements, but all require proof of identity (such as a passport or consular ID), proof of state residency (such as a utility bill or lease), and proof of a Social Security number or an Individual Taxpayer Identification Number (ITIN).

The process in these states is the same as for any other applicant: you visit your state's Department of Motor Vehicles, submit the required documents, pass a written test and vision test, and pay the fee. Some states issue a standard license with no marking; others print a note on the license indicating it is not valid for federal purposes such as boarding an airplane.

California, for example, issues a standard driver's license to undocumented immigrants but marks it with a gold stripe and the words "Federal Limits explore." New York issues a standard license with no special marking. The differences are minor and do not affect your ability to drive or use the license as a form of identification for everyday purposes.

What happens in states without licenses for undocumented immigrants

In the 34 states that do not issue standard driver's licenses to undocumented immigrants, some offer an alternative: a driving privilege card or certificate of driving ability. These documents allow you to drive legally and carry proof of your driving record, but they are not accepted as proof of residency or citizenship for other purposes.

States that offer driving privilege cards include Arizona, Kansas, Missouri, and Tennessee, though the availability and requirements vary. You will need to contact your state's Department of Motor Vehicles to learn whether your state offers this option and what documents you must provide. In states that offer neither a standard license nor a privilege card, undocumented immigrants cannot legally drive.

A driving privilege card is not a path to voting. It is a document that allows you to operate a vehicle and prove you have passed a driving test. It does not establish citizenship, residency for voting purposes, or any other legal status.

Why a driver's license does not allow you to vote

Voting in any U.S. election — federal, state, or local — requires U.S. citizenship. A driver's license, whether standard or privilege card, does not prove citizenship. It proves only that you have passed a driving test and, in some cases, that you live in a particular state.

States that issue driver's licenses to undocumented immigrants use separate systems to prevent non-citizens from registering to vote. When you register to vote, you must sign a statement under penalty of perjury that you are a U.S. citizen. States cross-check voter registration records against immigration databases, Social Security records, and other sources to verify citizenship. If you register to vote without being a U.S. citizen, you can face criminal charges including perjury and fraud.

Even in states where undocumented immigrants can obtain a driver's license, the license itself does not change your immigration status or grant you voting rights. The license is issued solely for the purpose of driving.

How states verify citizenship for voter registration

When you register to vote, the state's election office checks your information against multiple databases. These include the Social Security Administration's Numident database (which records citizenship status), the Department of Homeland Security's immigration records, and state vital records. If the state cannot verify that you are a U.S. citizen, your registration will be rejected or flagged for further review.

Some states also use the Electronic Verification System (E-Verify), which is a federal database that employers use to check work authorization. Election offices in some states cross-check voter registrations against E-Verify records to identify non-citizens who may have registered. If a non-citizen is found on the voter rolls, the state removes them and may investigate whether they actually voted.

The penalty for registering to vote as a non-citizen is serious. It is a federal crime that can result in fines and imprisonment, and it can also trigger immigration enforcement action. For this reason, you should not attempt to register to vote unless you are a U.S. citizen.

What documents you need to prove citizenship for voting

To register to vote, you do not need to provide a document proving citizenship at the time of registration in most states. Instead, you sign a statement under penalty of perjury that you are a U.S. citizen. However, some states require you to provide a document such as a birth certificate, passport, naturalization certificate, or state ID that shows citizenship.

When you vote, some states require you to show a photo ID. A driver's license counts as a photo ID for voting purposes in these states, but the license itself does not prove citizenship — your voter registration record does. If you are not a U.S. citizen, you should not be on the voter rolls in the first place, and showing a driver's license at the polls does not change that.

If you are an undocumented immigrant and you have already registered to vote by mistake, you should contact your local election office and ask to be removed from the voter rolls. Removing yourself voluntarily is far better than being discovered and facing criminal charges.

Paths to citizenship and voting rights

If you are an undocumented immigrant and you want to vote, you must first become a U.S. citizen. There are several paths to citizenship, including marriage to a U.S. citizen, employment sponsorship, asylum or refugee status, and the Deferred Action for Childhood Arrivals (DACA) program (though DACA does not lead directly to citizenship).

The process of becoming a citizen is long and complex, and it depends on your individual circumstances. You may want to consult with an immigration attorney to understand your options. Organizations such as the American Immigration Council and the Immigrant Defenders Law Center offer resources and referrals to low-cost legal help.

Once you become a U.S. citizen, you can register to vote and participate in elections. Citizenship is the only path to voting rights.

Frequently Asked Questions

Can I use a driver's license issued to an undocumented immigrant to register to vote?

No. A driver's license does not prove citizenship, which is required to register to vote. When you register, you must sign a statement that you are a U.S. citizen. States verify citizenship through separate databases. Registering to vote without being a citizen is a federal crime.

What happens if I register to vote and I am not a U.S. citizen?

If you register to vote as a non-citizen, you can face criminal charges including perjury and fraud. You may also face immigration enforcement action. If you have registered by mistake, contact your local election office and ask to be removed from the voter rolls.

Can I get a driver's license in a state that does not issue them to undocumented immigrants?

In some states, you can obtain a driving privilege card or certificate of driving ability, which allows you to drive legally. Not all states offer this option. Contact your state's Department of Motor Vehicles to learn what documents are available in your state.

Does DACA status allow me to vote?

No. DACA provides work authorization and protection from deportation, but it does not grant citizenship or voting rights. Only U.S. citizens can vote in federal, state, and local elections.

What should I do if I want to become a citizen and vote?

Consult with an immigration attorney or contact a legal aid organization such as the American Immigration Council or the Immigrant Defenders Law Center. They can explain the paths to citizenship available to you based on your circumstances and help you understand the process and costs involved.