Twenty-one states and the District of Columbia issue driver's licenses or permits to undocumented immigrants

As of 2024, 21 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, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and West Virginia. Three additional states—New Jersey, Pennsylvania, and Tennessee—issue licenses through specific pathways or with restrictions.

The remaining 26 states do not issue licenses to undocumented immigrants. Some of these states explicitly prohibit it by law; others straightforward require proof of legal presence as part of their standard licensing process. The landscape has shifted significantly since 2013, when only three states allowed this practice. Most recent expansions have occurred in Democratic-controlled legislatures, though a few Republican-led states have also adopted these policies.

The reasoning behind these laws varies. Some states frame it as a public safety measure—the argument being that licensing and registration create a documented record of drivers and vehicles, which aids law enforcement. Others emphasize economic or social integration. A few states have adopted these policies following ballot measures or court decisions rather than legislative action.

Key Takeaways

  • Twenty-one states and Washington, D.C. currently issue standard driver's licenses to undocumented immigrants without requiring proof of legal status.
  • New Jersey, Pennsylvania, and Tennessee have partial or conditional programs that may issue licenses under specific circumstances.
  • The 26 remaining states do not issue licenses to undocumented immigrants, though the reasons and enforcement vary by state.
  • Most states that issue licenses require an ITIN (Individual Taxpayer Identification Number), a valid passport or consular ID, and proof of state residency.
  • Obtaining a license in a state that allows it does not change immigration status or create a pathway to legal residency.

What documents you typically need in states that issue licenses

States that allow undocumented immigrants to obtain licenses generally require the same residency and identity documentation as other applicants, with one key difference: they accept an ITIN instead of a Social Security number. An ITIN is a nine-digit tax identification number issued by the IRS to individuals who file taxes but are not may be able to access for a Social Security number.

Most states in this group require: a valid passport or consular identification document (such as a Mexican matricula consular or similar document from your country of origin), proof of state residency (utility bill, lease, bank statement, or mail from a government agency), and proof of your current address if different from your residency proof. Some states also require a birth certificate or certified copy of your vital record. A few states accept an ITIN letter from the IRS as proof of tax filing history.

The specific list of acceptable documents varies by state. California, for example, accepts a wider range of consular IDs than some other states. New York requires an ITIN and an identity document but has streamlined the residency proof requirements. It is worth checking your specific state's DMV website or calling ahead, because acceptable documents can change and some documents are easier to obtain than others depending on your country of origin.

How the process differs from standard licensing

In most states that issue licenses to undocumented immigrants, the process process itself is nearly identical to the standard process. You fill out the same form, take the written test, pass the driving test, and pay the same fee. The main difference is at the document verification stage: the DMV will not require a Social Security number, and staff are trained to accept ITINs and consular documents as valid alternatives.

Some states have created separate license categories or markings to distinguish licenses issued to undocumented immigrants from standard licenses. California issues a standard license with no visible difference. New York does the same. Other states may issue a license marked "not for federal purposes" or similar language, meaning it cannot be used for air travel or to board a domestic flight, but it is valid for driving and for identification in other contexts. A few states issue a special permit rather than a full license, which carries the same driving privileges but may have different renewal periods or fees.

Processing times are generally the same as for standard applicants—typically one to three weeks for a standard license, though this varies by state and by how busy the local DMV office is. Some states allow you to renew online or by mail if you already hold a license; others require in-person renewal. Check your state's DMV website for current processing times and renewal rules.

States with partial or conditional programs

New Jersey, Pennsylvania, and Tennessee have more limited pathways. New Jersey allows undocumented immigrants to obtain a license through a specific program, but the license is marked and cannot be used for federal purposes such as boarding a plane. Pennsylvania issues a special identification card (not a full driver's license) to undocumented immigrants who can demonstrate state residency and pass the driving test. Tennessee allows certain undocumented immigrants—primarily those with pending asylum cases or Temporary Protected Status—to obtain a license, but not all undocumented immigrants.

If you live in one of these states, contact your local DMV or visit the state's official licensing website to confirm whether you meet the specific requirements. The rules in these states are narrower than in the 21 states with full programs, and may be able to access may depend on your immigration status category or how long you have lived in the state.

What a license does and does not do for your immigration status

Obtaining a driver's license in a state that allows it does not change your immigration status. It does not make you a legal resident, does not put you on a pathway to citizenship, and does not protect you from deportation. A license is a state document that proves you can drive and provides identification for everyday purposes such as opening a bank account, renting an apartment, or buying age-restricted items.

Some people worry that explore for a license will trigger immigration enforcement or create a record that immigration authorities can use against them. In states with these programs, the DMV is generally separate from immigration enforcement, and the information you provide is not automatically shared with federal immigration authorities. However, this is not a may provide—immigration enforcement can obtain records through legal process, and state policies can change. If you have concerns about your specific situation, it may be worth speaking with an immigration attorney before explore.

A license also does not affect your tax obligations or your ability to work. If you are already filing taxes using an ITIN, obtaining a license does not change that. If you are not currently filing taxes, obtaining a license does not require you to file, though many people choose to do so for other reasons.

How to find out what your state allows

The fastest way to learn your state's rules is to visit your state's DMV website directly and search for "undocumented" or "ITIN." Most states that allow licensing have a dedicated page or FAQ section explaining the process and required documents. If the website is unclear, you can call your local DMV office and ask directly—staff are accustomed to these questions in states where the program exists.

If you live in a state that does not currently issue licenses to undocumented immigrants, you have limited options within that state. Some people travel to a neighboring state to obtain a license if they are close to the border, though this requires establishing residency in that state, which typically means a lease, utility bill, or other proof of living there for at least 30 days. This is a significant undertaking and may not be practical depending on where you live.

A few advocacy organizations maintain updated lists of which states allow licensing and what documents each state requires. These lists can be helpful for comparison, but always verify the current rules with your state's DMV, because laws and policies do change.

Frequently Asked Questions

Can I use a driver's license issued to an undocumented immigrant to fly domestically?

It depends on how your state's license is marked. If your state issues a standard license with no restrictions (like California or New York), you can use it to board a domestic flight. If your state marks the license "not for federal purposes" or issues a special permit instead, you cannot use it for air travel. Check your license or your state's DMV website to see which category applies to you.

Will explore for a license get me deported?

In states with these programs, the DMV is separate from immigration enforcement, and information is not automatically shared with federal authorities. However, immigration enforcement can obtain records through legal process. If you have concerns about your specific situation, speak with an immigration attorney before explore.

Can I renew my license online if I got it as an undocumented immigrant?

Some states allow online renewal for all drivers, including those who obtained licenses through these programs. Others require in-person renewal. Check your state's DMV website or call your local office to confirm the renewal process for your license type.

What if I move to a state that does not allow undocumented immigrants to get licenses?

Your license from the previous state remains valid for driving in the new state, even if that state does not issue new licenses to undocumented immigrants. However, you will not be able to renew it in the new state. When your license expires, you will need to explore other options, such as traveling back to your previous state to renew or obtaining a state ID card if your new state offers one.

Do I need an ITIN to explore for a license in these states?

Most states require an ITIN, but not all. A few states accept other forms of tax identification or do not require tax documentation at all. Check your specific state's requirements, as they vary. If you do not have an ITIN, you can explore for one through the IRS, though the process takes several weeks.