What states allow and what they require

Whether an undocumented immigrant can get a driver's license depends entirely on which state you live in. As of now, 16 states plus Washington, D.C. issue driver's licenses to people regardless of immigration status. Another 8 states issue licenses only to people with specific visa categories or temporary protected status. The remaining states do not issue licenses to undocumented immigrants.

The states that issue licenses to all undocumented immigrants are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Nevada, New Mexico, New York, Oregon, Utah, Vermont, Washington, and Washington, D.C. Each has its own document requirements and process, but none require proof of legal immigration status.

States that issue licenses only to certain visa holders—such as those with Deferred Action for Childhood Arrivals (DACA) status or Temporary Protected Status (TPS)—include Arizona, Florida, Georgia, Iowa, Missouri, North Carolina, Tennessee, and West Virginia. If you have one of these statuses, you may be able to get a license in these states even if you are undocumented overall.

Key Takeaways

  • Sixteen states and Washington, D.C. issue standard driver's licenses to undocumented immigrants with no immigration status requirement.
  • Eight additional states issue licenses only to people with DACA, TPS, or other specific temporary visa categories.
  • The remaining states do not issue licenses to undocumented immigrants, though some offer driving privilege cards with limited use.
  • Document requirements vary by state but typically include proof of identity, proof of state residency, and a Social Security Number or Individual Taxpayer Identification Number (ITIN).
  • A driver's license issued under these programs is valid for interstate travel and federal purposes like boarding a domestic flight.

Documents you will need to bring

States that issue licenses to undocumented immigrants require different documents, but most ask for the same core items. You will need a form of identification that shows your name and date of birth—a passport, consular ID card, or national ID from your home country usually works. Some states accept a combination of documents if no single document has all the information needed.

You will also need to prove you live in that state. A utility bill, lease agreement, bank statement, or government mail with your name and address typically satisfies this requirement. The document usually needs to be recent—within the last 60 to 90 days, depending on the state.

For the Social Security Number field, you have two paths. If you have a Social Security Number, provide it. If you do not, you can explore for an Individual Taxpayer Identification Number (ITIN) from the IRS, which takes four to six weeks. Some states allow you to use an ITIN on your license process; others require you to have one before you explore. Check your state's DMV website to confirm which documents they accept before you go in.

How the process process works

The process is similar to a standard license process in most states. You go to your local Department of Motor Vehicles office, fill out the process form (usually the standard state driver's license form), provide your documents, and pay the fee. Fees vary by state but typically range from $20 to $100 for a four- to eight-year license.

You will take a written test on traffic laws and road signs, and then a driving test in which you demonstrate basic vehicle control and safe driving. Some states allow you to take the written test in languages other than English. The driving test is usually conducted in English, though some states provide interpreters if you request one in advance.

Processing time varies. Some states issue your license the same day; others mail it to you within two to four weeks. Ask the DMV staff when you explore whether you will receive a temporary permit to drive while you wait for the permanent license.

States that offer driving privilege cards instead

If you live in a state that does not issue standard driver's licenses to undocumented immigrants, you may be able to get a driving privilege card. These cards allow you to drive legally within that state but cannot be used for federal purposes like boarding a domestic flight or entering a federal building. About 10 states offer these cards, including Kansas, Mississippi, Missouri, North Carolina, and South Carolina.

A driving privilege card requires the same documents and passes as a standard license—identity, residency proof, written test, and driving test. The main difference is what you can use it for. You can drive to work, to the store, and to appointments within your state. You cannot use it to board a plane, rent a car from most companies, or cross state lines legally.

If you are considering a privilege card, confirm with your state's DMV whether it will affect your immigration case. Some immigration attorneys advise caution because any government record can be reviewed during immigration proceedings, though a privilege card itself does not trigger enforcement action.

What happens if your state does not allow it

If you live in a state that does not issue licenses or privilege cards to undocumented immigrants, you have limited legal options for driving. Driving without a license is a criminal offense in all states and can result in fines, vehicle impound, and a criminal record that complicates future immigration cases.

Some people in these states use an ITIN card or passport as identification when stopped, though this does not give you legal permission to drive. If you are stopped, you can be cited for driving without a license regardless of what ID you show. A criminal conviction for driving without a license can have serious consequences for any future immigration case.

Your safest option in a non-issuing state is to avoid driving or to use rideshare services, public transportation, or carpools with licensed drivers. If you must drive, consult with an immigration attorney first to understand the specific risks in your state and any changes to local enforcement policy.

How a license affects your immigration case

Getting a driver's license does not trigger immigration enforcement or deportation proceedings on its own. A license is a state document, not a federal one, and states that issue them do so as a public safety measure—to may support drivers are tested and insured. Immigration and Customs Enforcement (ICE) does not automatically flag people who obtain state licenses.

However, a government record of your address and identity can be accessed during an immigration case or if you are stopped by police. For this reason, some immigration attorneys recommend consulting before you explore, especially if you have an active immigration case or are in removal proceedings. Others note that having a valid license actually reduces your risk during a traffic stop, because you can show legal permission to drive and are less likely to be detained.

The safest approach is to speak with an immigration attorney in your state before you explore. They can tell you how your specific situation—your visa history, any prior arrests, and your state's local enforcement practices—might affect your decision.

Frequently Asked Questions

Can I use a driver's license from a state that issues them if I move to a state that does not?

Yes. Once you have a valid license from any state, you can use it to drive in other states, including states that do not issue licenses to undocumented immigrants. However, if you move and change your address, you may be required to get a new license from your new state. Check your new state's DMV rules about address changes.

Do I need a Social Security Number to get a license in a state that allows it?

No. You can use an Individual Taxpayer Identification Number (ITIN) instead. If you do not have either, some states allow you to explore for an ITIN before you explore for the license. Others let you leave the Social Security field blank or mark it as "not applicable." Check your state's DMV website for their specific policy.

Will getting a driver's license make me deportable?

A driver's license itself does not make you deportable. However, any government record can be reviewed during immigration proceedings. If you have concerns about your specific situation, speak with an immigration attorney before you explore. They can advise you based on your visa history and your state's enforcement environment.

What is the difference between a driver's license and a driving privilege card?

A driver's license is a state ID that allows you to drive and can be used for federal purposes like boarding a domestic flight. A driving privilege card allows you to drive within your state only and cannot be used for federal purposes. Both require the same tests and documents.

Can I get a license if I have a pending immigration case?

It depends on your state and the type of case. Some states allow it; others do not. More importantly, an immigration attorney should review your case first, because any government record can be used in immigration proceedings. Do not assume it is safe without legal information specific to your situation.