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 2024, about 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. The remaining states do not issue licenses to undocumented immigrants.

States that do issue licenses to undocumented immigrants typically require the same documents as any other applicant: proof of identity (usually a passport or consulate-issued ID), proof of state residency (utility bill, lease, or bank statement), and proof of a Social Security number or an Individual Taxpayer Identification Number (ITIN). Some states waive the Social Security requirement and accept an ITIN instead. You will need to pass a written test and a driving test, just as other applicants do.

The states that currently issue licenses to undocumented immigrants include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, and Washington. Washington, D.C., also issues them. This list changes periodically as laws are passed or repealed, so you should confirm your state's current policy before you begin the process.

Key Takeaways

  • About 16 states and Washington, D.C., issue driver's licenses to undocumented immigrants; most other states do not.
  • States that issue licenses typically require a passport or consulate ID, proof of state residency, and either a Social Security number or an ITIN.
  • You must pass both a written test and a driving test, the same as any other applicant.
  • Some states that do not issue licenses to undocumented immigrants offer an alternative ID card that can be used for some purposes but not for driving.
  • Your state's motor vehicle department website lists the exact documents required and whether you can use an ITIN in place of a Social Security number.

How to find out what your state allows

The fastest way to learn your state's policy is to visit your state's Department of Motor Vehicles (DMV) website directly. Search for "undocumented immigrant driver's license" or "ITIN driver's license" on that site. Most state DMV websites have a page that lists acceptable forms of ID and whether an ITIN is accepted.

If your state's website is unclear, call the DMV's main customer service line and ask directly. Tell them you want to know whether you can get a driver's license if you do not have a Social Security number but do have an ITIN. Write down the name of the person you speak with and the date, in case you need to reference the conversation later.

You can also contact a local immigrant legal services organization in your area. Many nonprofits that serve immigrants keep current information about driver's license policies and can walk you through the documents you will need. Search online for "[your city] immigrant legal services" or "[your state] immigrant rights organization."

States that issue alternative ID cards instead

If your state does not issue driver's licenses to undocumented immigrants, it may offer an alternative ID card. These cards are not valid for driving but can be used for other purposes, such as opening a bank account, boarding a domestic flight, or entering a federal building. The requirements and what the card can be used for vary by state.

California, for example, issues an AB 60 ID card to people who cannot get a standard driver's license. It looks similar to a driver's license but is marked as an identification card only. New York issues a standard non-driver ID card to undocumented immigrants. These cards typically require the same proof of identity and residency as a driver's license but do not include a driving test.

If you live in a state that does not issue driver's licenses to undocumented immigrants, check your state DMV website to see whether an alternative ID card is available. The process and documents required may be simpler than getting a driver's license, and the card may be useful for identification purposes even if you cannot use it to drive.

What happens if you drive without a license

Driving without a valid license is illegal in all states, regardless of immigration status. If you are stopped by police and cannot show a valid driver's license, you can be cited, fined, and have your vehicle impounded. The penalties vary by state but typically include fines ranging from $100 to $1,000 or more, and possible jail time in some states.

A traffic stop can also lead to immigration enforcement action. Police in some states are required or permitted to check immigration status during a traffic stop. Even in states where police are not required to check immigration status, a traffic stop can result in contact with federal immigration authorities. This risk exists whether or not you have a driver's license, but driving without one increases the likelihood of a traffic stop.

If you cannot get a driver's license in your state, you should not drive. This is a safety issue for you and for others on the road, and it carries legal consequences. If you need transportation, look into public transit, rideshare services, carpools, or other options available in your area.

Using an ITIN to get a driver's license

An Individual Taxpayer Identification Number (ITIN) is a nine-digit number issued by the Internal Revenue Service (IRS) to people who need to file taxes but do not have a Social Security number. Many undocumented immigrants have an ITIN because they file taxes. States that issue driver's licenses to undocumented immigrants typically accept an ITIN in place of a Social Security number.

To get an ITIN, you must file a tax return with the IRS using Form W-7. You can file taxes even if you do not have a Social Security number, and many people do. If you already have an ITIN, you can use it when you explore for a driver's license in a state that accepts ITINs. Bring your ITIN documentation (your tax return or IRS letter) along with your other required documents.

If you do not have an ITIN and your state requires either a Social Security number or an ITIN to get a driver's license, you will need to get one before you can explore. This process takes time, so plan ahead. You can work with a tax professional or a nonprofit organization that helps people file taxes to get an ITIN.

Driving in other states if you have an out-of-state license

If you get a driver's license in a state that issues them to undocumented immigrants, you can use that license to drive in other states. A valid driver's license from any state is recognized in all other states. However, you should be aware that some states have different rules about what they will accept as proof of identity or residency if you are pulled over.

If you are stopped by police in a state that does not issue licenses to undocumented immigrants, your out-of-state license is still valid for driving purposes. However, the traffic stop itself can still result in immigration enforcement action, depending on local policies and federal immigration enforcement activity in that area. Having a valid license does not protect you from immigration enforcement, but it does mean you cannot be cited for driving without a license.

If you plan to move to another state, check that state's driver's license policy before you move. You may need to get a new license in your new state, or you may be able to keep your current license and renew it by mail or online, depending on the state's rules.

Documents you will typically need

Most states that issue driver's licenses to undocumented immigrants require the following documents:

  • Proof of identity: a valid passport, a consulate-issued ID card, or a national ID from your country of origin.
  • Proof of state residency: a utility bill, lease agreement, bank statement, or government mail addressed to you at your current address. The document usually must be dated within the last 60 days.
  • Proof of a tax identification number: a Social Security number, an ITIN, or documentation showing you have filed taxes (such as a tax return or IRS letter).
  • A completed process form, available at your state DMV.

Some states may require additional documents, such as proof of a physical address (not a P.O. box), proof of your name (such as a birth certificate or marriage certificate if your name has changed), or a medical certificate if you have certain health conditions. Check your state DMV website or call ahead to confirm exactly what you need to bring.

Bring original documents or certified copies, not photocopies, unless the DMV specifically says photocopies are acceptable. Some documents may need to be translated into English by a certified translator. Ask your state DMV whether translation is required and whether you need to bring the original document along with the translation.

Frequently Asked Questions

Will getting a driver's license put me at risk of deportation?

Getting a driver's license in a state that issues them to undocumented immigrants is not, by itself, a reason for immigration enforcement action. However, the information you provide on your process is recorded in a government database. Immigration enforcement agencies can access DMV records. The risk of deportation comes from immigration enforcement activity, not from having a license. If you are concerned about this, speak with an immigration attorney before you explore.

Can I use a consulate ID if I don't have a passport?

Yes. Most states that issue licenses to undocumented immigrants accept a consulate-issued ID card (also called a matrícula consular) as proof of identity. This is a valid form of ID issued by your country's consulate in the United States. You do not need a passport. Check your state DMV website to confirm that a consulate ID is accepted.

What if I don't have proof of state residency?

Proof of residency is required in all states. If you do not have a utility bill or lease in your name, you may be able to use other documents, such as a bank statement, a letter from a shelter or social services agency, or a government mail addressed to you. Some states accept an affidavit from a landlord or family member confirming your address. Call your state DMV to ask what alternatives are available if you cannot provide standard proof of residency.

Can I get a driver's license if I'm in the country on a visa?

Yes. People on any visa status, including temporary visas, can get a driver's license in any state. You will need to show your passport and visa documentation as proof of identity and your visa status. This is separate from the question of whether undocumented immigrants can get licenses; visa holders have always been able to get them.

What should I do if my state doesn't issue licenses to undocumented immigrants?

Check whether your state offers an alternative ID card. If not, you have a few options: you can look into moving to a state that does issue licenses, you can use public transportation or rideshare services instead of driving, or you can speak with an immigration attorney about your options. Some people also explore whether they might be may be able to access for a visa or other immigration status that would allow them to get a license in their current state.