Twenty-one states and Washington, D.C. issue driver's licenses 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 permit. 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. The specific rules, required documents, and what the license says on it vary significantly from state to state.

The remaining twenty-nine states do not issue licenses to undocumented immigrants. Some of these states offer an alternative document called an ITIN driver's license or permit (using an Individual Taxpayer Identification Number instead of a Social Security number), but this is not the same as a standard license and has different restrictions. A few states explicitly prohibit it by law.

The reason this matters: a standard driver's license from a state that issues them is recognized for driving purposes in all fifty states. An ITIN license or a permit from a state that does not recognize undocumented status may not be accepted in other states, and some employers and institutions treat them differently than standard licenses.

Key Takeaways

  • Twenty-one states and Washington, D.C. issue standard driver's licenses to undocumented immigrants; the other twenty-nine states do not.
  • Each state that allows it has different document requirements, fees, and rules about what information appears on the license.
  • Some states offer ITIN permits as an alternative, but these are not the same as a standard license and may not be recognized outside that state.
  • A standard license from a state that issues them is valid for driving in all fifty states; an ITIN permit or restricted license may not be.

How each state's rules differ

The states that issue licenses to undocumented immigrants do not all use the same process or documents. California, for example, requires an Individual Taxpayer Identification Number (ITIN), proof of California residency (such as a utility bill or lease), and proof of identity (such as a passport or consular ID). New York requires similar documents but also accepts a combination of documents like a birth certificate plus a school record. Colorado requires an ITIN and proof of residency but does not require proof of legal presence.

The license itself also looks different depending on the state. Some states mark the license clearly as issued to someone without a Social Security number. Others do not mark it differently. Some states issue a license that is valid for driving only; others issue a license that can also be used for certain other purposes like opening a bank account. This marking matters if you plan to travel or use the license for purposes beyond driving.

Fees also vary. Most states charge between $20 and $100 for a license, but some charge more. A few states offer reduced fees for undocumented immigrants. You should check your specific state's DMV website or call the local office to learn what documents you need and what the license will say.

States that offer ITIN permits instead

Some states that do not issue standard licenses to undocumented immigrants offer an ITIN driver's permit or certificate instead. This is a document that allows you to drive legally within that state but is not a full driver's license. States like Arizona, Georgia, and Tennessee have explored or implemented versions of this. The permit is usually marked as such and may not be accepted for driving in other states or for non-driving purposes.

An ITIN permit is better than having no document at all if you need to drive, but it is not the same as a standard license. If you live in a state that offers an ITIN permit and you travel to another state, that permit may not be recognized. Before you obtain an ITIN permit, understand what it can and cannot be used for in your state and whether it will be accepted where you plan to travel.

What documents you typically need

Most states that issue licenses to undocumented immigrants require some combination of the following: an ITIN or tax return showing an ITIN, proof of residency (utility bill, lease, bank statement, or government mail), proof of identity (passport, consular ID, or birth certificate), and proof of Social Security number or ITIN. Some states also require a completed process form and a vision test.

A few states have additional requirements. New York, for example, requires you to pass a written test and a road test, just as any other driver would. Other states waive the written test if you have a valid license from another country. The best way to know what you need is to visit your state's DMV website or call the local office directly. Bring more documents than you think you need—if you have a utility bill, a lease, and a bank statement, bring all three, because different offices sometimes accept different combinations.

How this affects your driving record and insurance

A standard driver's license issued by a state that recognizes undocumented immigrants works like any other license for the purposes of driving and insurance. Insurance companies will insure you, and traffic violations will appear on your driving record just as they would for any licensed driver. Your license will be valid for renewal, and you can use it to rent a car or prove your identity to a police officer.

An ITIN permit, by contrast, may not be accepted by all insurance companies, and some companies may charge higher rates or decline to insure you altogether. Before you obtain an ITIN permit, contact insurance companies in your state to ask whether they will insure a driver with an ITIN permit. Some will; others will not. This is an important step because driving without insurance is illegal in all fifty states.

What happens if you move to a different state

If you have a standard driver's license from a state that issues them to undocumented immigrants and you move to a state that does not, you will need to decide whether to keep your original license or obtain a document in your new state. Most states allow you to keep an out-of-state license for a period of time (usually 30 to 90 days) before you must obtain a local one. After that period, you must transfer your license or obtain a new one under your new state's rules.

If your new state does not issue licenses to undocumented immigrants, you may be able to obtain an ITIN permit if one is available, or you may have no legal driving document at all. This is why it matters which state you live in. Before you move, research what your new state's rules are so you understand what options will be available to you.

Frequently Asked Questions

Can I use a driver's license issued to an undocumented immigrant to board a plane?

No. The Transportation Security Administration (TSA) requires a Real ID-compliant document for domestic air travel. Most licenses issued to undocumented immigrants are not Real ID-compliant because they are not linked to proof of legal presence. You would need a passport or consular ID to board a plane.

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

Obtaining a driver's license does not change your immigration status. However, the documents you submit (such as an ITIN or consular ID) are recorded by the DMV. You should understand your state's privacy rules and whether DMV records can be shared with immigration authorities. Some states have passed laws protecting this information; others have not.

What if I don't have an ITIN yet?

You can obtain an ITIN by filing a tax return with the IRS, even if you have no income. You can also explore for an ITIN directly through the IRS. The process takes several weeks to several months. If you need a driver's license before you have an ITIN, check whether your state accepts other forms of identification or tax documentation.

Can I renew a license issued to an undocumented immigrant?

Yes, in states that issue licenses to undocumented immigrants, you can renew your license just as any other driver would. Renewals typically happen every four to eight years, depending on your state. You will need to bring updated proof of residency and your current license.

Do I need a license to drive legally if I'm undocumented?

Yes. Driving without a license is illegal in all fifty states, regardless of immigration status. If you are stopped by police and cannot produce a valid license, you can be cited, fined, or arrested. If your state does not issue licenses to undocumented immigrants and does not offer an ITIN permit, you have no legal way to drive.