What the law allows right now

Whether someone without legal immigration status can obtain a driver's license depends entirely on which state they live in. There is no federal rule that bars them. Instead, each state sets its own requirements, and those requirements have changed significantly over the past decade.

As of now, 16 states plus Washington, D.C., issue driver's licenses to people 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 places, the path to a license is the same for everyone: pass the written test, pass the driving test, and provide the documents your state requires.

The remaining 34 states do not issue licenses to people without legal status. Some of those states offer an alternative document called a driving privilege card or certificate of driving ability, which allows someone to drive legally within that state but is not accepted as identification for federal purposes like boarding a plane. A handful of states offer this option; others offer nothing.

Key Takeaways

  • Sixteen states and Washington, D.C., issue standard driver's licenses to people without legal immigration status using the same process as any other applicant.
  • The remaining states do not issue licenses based on immigration status, though some offer a state-specific driving card that is valid only for driving within that state.
  • States that do issue licenses require the same documents from everyone: proof of identity, proof of residency, and proof of Social Security number or an Individual Taxpayer Identification Number (ITIN).
  • A driver's license from a state that issues them to all residents is accepted as valid identification nationwide and for federal purposes like air travel.

How states that issue licenses handle the process

In the 16 states that issue licenses regardless of immigration status, the process process is straightforward. You go to your state's Department of Motor Vehicles (or equivalent agency), bring the required documents, take the written test, take the driving test, and receive your license. Immigration status is not part of the process.

The documents you need vary slightly by state, but the core requirements are the same everywhere: proof of identity (a passport, consulate ID, or other government-issued document), proof of residency (a utility bill, lease, or bank statement with your name and address), and proof of a Social Security number or an ITIN. An ITIN is a tax identification number issued by the Internal Revenue Service to people who file taxes but do not have a Social Security number. You can obtain an ITIN by filing a tax return with the IRS.

Some states in this group—California, New York, and Illinois among them—have been issuing licenses this way for years and have streamlined the process. Others added this option more recently. The specific documents accepted and the fees charged vary, so checking your state's DMV website before you go is essential.

What happens in states that do not issue licenses

In states that do not issue standard driver's licenses to people without legal status, the options are limited. Some states offer a driving privilege card or certificate of driving ability—a document that proves you passed the driving test and can legally drive within that state, but is not accepted as federal identification. States that offer this include Tennessee, Georgia, and a few others; the availability and rules vary.

A driving privilege card allows you to drive legally and carry proof that you have passed the test, which can help if you are stopped by police. However, it will not work for boarding a plane, entering a federal building, or any other purpose that requires federal identification. It is also not accepted as ID in other states.

In states that offer neither a standard license nor a driving privilege card, driving without a license is illegal. The consequences include fines, vehicle impoundment, and a criminal record. Some people in these states choose to move to a state where they can obtain a license, or they rely on public transportation or rides from others.

The difference between a state license and federal identification

A driver's license issued by a state that allows all residents to obtain one—regardless of immigration status—is a valid state ID. It can be used to drive in any state and is recognized as identification by other states and private businesses. However, it is not the same as a REAL ID-compliant document.

REAL ID is a federal standard that went into effect in 2020. To board a domestic flight, enter a federal building, or access certain federal facilities, you now need either a REAL ID-compliant driver's license, a passport, a military ID, or another document that meets the federal standard. Most states that issue licenses to all residents have made those licenses REAL ID-compliant, but you should verify this with your state's DMV before relying on your license for air travel.

If you cannot obtain a REAL ID-compliant license in your state, you can still travel by air using a valid passport from your country of origin. A passport is accepted for all federal identification purposes.

Using an ITIN to obtain a license

An Individual Taxpayer Identification Number (ITIN) is a nine-digit number issued by the IRS. It allows you to file taxes and open a bank account even if you do not have a Social Security number. Many states that issue licenses to all residents accept an ITIN in place of a Social Security number on the driver's license process.

To obtain an ITIN, you file a tax return with the IRS using Form 1040 and a completed Form W-7. You can file by mail or through an authorized IRS agent. The process takes several weeks. Once you have an ITIN, you can use it to explore for a driver's license in any state that accepts it.

Having an ITIN does not change your immigration status. It is purely a tax and financial tool. Many people without legal status use an ITIN to file taxes, open bank accounts, and build a financial record.

What to expect at the DMV

When you go to explore for a driver's license in a state that issues them to all residents, bring all required documents in original form or certified copies. Make copies for yourself before you go. Arrive early, as DMV offices are often busy. Some states allow you to make an appointment online; others operate on a first-come, first-served basis.

You will take a written test covering traffic laws and road signs. The test is offered in multiple languages in most states. You will then take a driving test with an examiner. If you pass both, you will receive your license on the spot or by mail within a few weeks, depending on the state.

If you are nervous about the process, some community organizations in states that issue licenses offer free or low-cost driving lessons and test preparation. Searching online for "[your city] driving lessons" or "[your state] immigrant services" can help you find these resources.

Frequently Asked Questions

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

No. A driver's license is a state document, not a federal immigration document. Obtaining one does not change your immigration status or create a record that immigration authorities can use against you. However, you should consult with an immigration attorney about your specific situation if you have concerns.

Can I use a driver's license from another country?

An international driver's license or a license from another country is not valid for driving in the United States. You must obtain a U.S. driver's license or driving privilege card from the state where you live. Some states recognize an international permit as a temporary supplement, but only if you also have a valid U.S. license.

What if I move to a different state?

If you move from a state that issues licenses to all residents to a state that does not, your license remains valid for driving. However, you will need to follow that new state's rules if you want to renew it or obtain a new one. If you move to another state that does issue licenses, you can transfer your license or explore for a new one using the same process.

Do I need a Social Security number to get a license?

No. States that issue licenses to all residents accept an ITIN or a letter from the IRS stating that you do not have a Social Security number. Some states also accept an Individual Number for Taxpayer Identification (ATIN) or allow you to sign an affidavit stating you do not have a number. Check your state's specific requirements on its DMV website.

What if I fail the driving test?

You can retake the test. Most states allow you to retake it within a certain timeframe—usually 7 to 30 days—without reapplying. You pay the test fee again. Taking a driving lesson before your next attempt can improve your chances of passing.