Twenty-one states and Washington, D.C. issue driver licenses to people without legal immigration status

As of 2024, twenty-one states plus Washington, D.C. allow undocumented immigrants to obtain a standard driver license or driving 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. Each state sets its own requirements for documentation, fees, and renewal periods.

The mechanics differ significantly. Some states require an Individual Taxpayer Identification Number (ITIN) instead of a Social Security Number. Others accept a combination of documents like a passport, birth certificate, or consular ID. A few states issue a special license marked as valid for driving only within that state, while others issue a standard license with no immigration-related restrictions.

The primary reason states adopted these policies was public safety. Law enforcement and insurance companies argued that licensing undocumented drivers reduces hit-and-run accidents, improves traffic enforcement, and allows insurers to verify driver identity. States also collect licensing fees and tax revenue from these programs.

Key Takeaways

  • Twenty-one states and Washington, D.C. issue driver licenses to undocumented immigrants, but each state has different document requirements and fee structures.
  • Most states that issue these licenses require an ITIN, a valid passport, or a consular identification document instead of a Social Security Number.
  • Some states issue a standard license with no restrictions, while others mark the license as valid for driving only within that state.
  • A license issued under these programs does not change your immigration status or create a path to legal residency.

Document requirements vary by state

California requires proof of identity (passport, consular ID, or birth certificate), proof of California residency (utility bill, lease, or bank statement), and an ITIN or Social Security Number. The state does not require proof of legal presence. Applicants must pass a written test and a driving test.

New York requires a valid passport or consular ID, proof of New York residency, and an ITIN. The state issues a standard license valid for eight years. Colorado requires a passport, consular ID, or birth certificate, plus proof of residency and an ITIN. Colorado also accepts a combination of documents if a single document is not available.

Illinois requires a valid ID document (passport or consular ID), proof of residency, and an ITIN. The state issues a license marked "Not for Federal Purposes," which means it cannot be used for air travel or federal building access. Washington state requires a passport, consular ID, or birth certificate, plus proof of residency and an ITIN.

Utah and Nevada both accept an ITIN, passport, or consular ID plus proof of residency. Neither state marks the license as having restrictions. Before you explore in any state, contact your state's Department of Motor Vehicles to confirm the current list of accepted documents, as requirements change periodically.

how the process works in your state

The process process is similar across all twenty-one states. You visit your local Department of Motor Vehicles office with your required documents. You complete an process form (usually available online or at the office). You pay the process fee, which ranges from $20 to $100 depending on the state. You pass a written knowledge test about traffic laws. You pass a driving test or provide proof of a valid license from another state or country.

Processing times vary. Some states issue a temporary license on the day of process, while others mail the license within two to four weeks. A few states require an in-person appointment, which may have a wait of several weeks depending on office capacity.

You will need to bring original documents or certified copies. Photocopies are usually not accepted. If your documents are in a language other than English, bring the originals plus an official translation or a certified translation. Some states accept translations from a notary public; others require a certified translator.

Restrictions and what the license does not do

A driver license issued to an undocumented immigrant is valid only for driving. It does not serve as proof of legal immigration status. It does not create a path to permanent residency or citizenship. It does not change your may be able to access for federal benefits, employment authorization, or any immigration-related programs.

Some states mark the license with restrictions. Illinois, for example, issues a license marked "Not for Federal Purposes," which means you cannot use it to board a domestic flight, enter a federal building, or access certain federal facilities. Other states issue a standard license with no markings or restrictions.

A few states issue a driving permit instead of a full license. These permits allow you to drive but may have additional restrictions, such as a shorter validity period or a requirement to renew in person rather than by mail.

Your license is valid only in the state that issued it. If you move to another state, you will need to obtain a license in that state. If that state does not issue licenses to undocumented immigrants, you will not be able to renew or transfer your license.

States that do not issue licenses to undocumented immigrants

Twenty-nine states do not issue driver licenses to undocumented immigrants. These states are: Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.

In these states, you cannot obtain a standard driver license without proof of legal presence. Some states in this group offer an alternative: a driving permit or certificate that allows you to drive but does not serve as official identification. Texas, for example, offers a Driving Certificate for Undocumented Immigrants, which is valid for driving but cannot be used for identification at airports or federal facilities.

If you live in a state that does not issue licenses to undocumented immigrants, you may still be required by law to carry proof of insurance and vehicle registration while driving. Driving without a license in these states can result in fines, vehicle impoundment, and criminal charges.

Insurance and legal considerations

Obtaining a driver license does not automatically make you insurable. Insurance companies have their own policies about insuring drivers without legal immigration status. Some companies will insure you with a valid driver license from your state. Others will not insure you regardless of your license status. A few companies specialize in insuring undocumented drivers.

Before you explore for a license, contact insurance companies in your state to ask whether they will insure you. Some states require you to carry proof of insurance while driving, so having insurance is important even if it is not legally required in your state.

Driving without a license in states that do not issue licenses to undocumented immigrants can result in criminal charges. Penalties vary by state but may include fines, vehicle impoundment, and jail time. A criminal conviction can affect your immigration case if you are in removal proceedings or explore for any immigration benefit.

Renewal and expiration

License validity periods range from four to eight years depending on the state. Most states allow you to renew by mail or online if your license has not expired and your address has not changed. Some states require you to renew in person.

When you renew, you may need to provide updated proof of residency. Some states require you to retake the written test or driving test at renewal. Check your state's Department of Motor Vehicles website for renewal requirements specific to your state.

If your license expires, you will need to reapply through the full process process, including the written test and driving test. You cannot straightforward renew an expired license.

Frequently Asked Questions

Will getting a driver license affect my immigration case?

A driver license does not change your immigration status or create a record that immigration authorities can use against you. However, if you are stopped by police and do not have a valid license, that can lead to criminal charges, which may affect your immigration case. Having a valid license in a state that issues them reduces that risk.

Can I use a driver license issued to an undocumented immigrant to board a domestic flight?

It depends on the state. If your license is marked "Not for Federal Purposes" (as in Illinois), you cannot use it for air travel. If your state issues a standard license with no restrictions, you can use it to board a domestic flight. Check your specific state's rules before attempting to fly.

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

Your license from the previous state remains valid for driving in the new state, but you cannot renew it there. You will need to follow that state's rules, which may mean you cannot legally drive. Some states offer a driving permit as an alternative; check your new state's Department of Motor Vehicles for options.

Do I need a Social Security Number to get a driver license in these states?

No. States that issue licenses to undocumented immigrants accept an ITIN (Individual Taxpayer Identification Number) instead. An ITIN is issued by the IRS and does not require legal immigration status. You can explore for an ITIN through the IRS website or at a local IRS office.

Can I use a driver license to prove my identity for employment?

A driver license can serve as proof of identity for many purposes, but employers are required by federal law to verify work authorization through the I-9 process. A driver license alone does not satisfy I-9 requirements. You will need to provide additional documents that prove both identity and work authorization, which undocumented immigrants cannot do.