Obtaining a Driver’s License as an Undocumented Immigrant

Laws governing the issuance of driver’s licenses vary per state. Processes, restrictions and the license type available depend on where you live. Currently, 19 states and Washington, D.C., offer driver’s licenses to undocumented immigrants. New Mexico and Washington state are the only places that offer unrestricted licenses.

Learning the differences and knowing state rules can help determine whether you can secure a driver’s license. It also enables you to prepare the proper documents and requirements.

A driver’s license is a legal document necessary to operate a motor vehicle. Individual states and territories issue licenses. That means specific permissions, restrictions and requirements differ in each state. In most cases, a Social Security number (SSN) is necessary, making it difficult for undocumented immigrants to obtain one.

However, there are ways to get this document. In 19 states and Washington, D.C., undocumented immigrants can obtain driver’s licenses. The type of license available depends on the area.

Source: National Immigration Law Center

Generally, three types of driver’s licenses are available to undocumented immigrants in the U.S. — unrestricted license, driving-privilege-only license and driving-privilege license and state ID. Each one has a different degree of privilege. It’s best to visit your state’s Department of Motor Vehicles (DMV) or a counterpart to determine which license type is available to you.

International drivers — tourists, visitors, international students and immigrants — must have a driver’s license to operate a motor vehicle in the U.S legally. The necessary license depends on the length of stay. For instance, an international driver’s permit from the home country is enough for short-term stays. Meanwhile, those planning to live in the country for a long time may need a state driver’s license.

Undocumented immigrants can only get a driver’s license in states that allow it. Requirements and procedures vary per state. Typically, the applicant needs to provide proof of identity, their date of birth and proof of residency.

This law requires the California DMV to issue a driver’s license to any individual who meets the department’s requirements, even without proof of legal presence in the country. An undocumented immigrant interested in applying must complete the application form, submit proof of identity and California residency, pay the application fee, and pass the vision exam, knowledge tests and driving test.

The license will state “Federal Limits Apply” to distinguish it from the driver’s licenses of legal residents. This also means the card can’t be used for federal purposes.

With this law, anyone in Colorado can get a driver’s license regardless of their immigration status. Requirements include proof of identity, such as a foreign passport, consular identification card or military identification document. Those who don’t have an SSN must present a Taxpayer Identification Number (TIN). Proof of Colorado residency, such as a state income tax return from the previous year or any document showing residency, is also necessary.

Note that the driver’s license acquired through the CO-RCSA is the only valid identification card in Colorado and can’t be used for federal identification, public benefits and voting purposes.

Individuals who can’t provide proof of legal presence or an SSN may still obtain a driver’s license in Connecticut. They must have a valid proof of identity, proof of Connecticut residency and a filed affidavit stating they’ll apply to legalize their immigration status as soon as they’re eligible.

Licenses issued under Public Act No. 13-89 shall expire three to six years after the date of issuance. The driver may renew it every three years after that.

Undocumented residents in Delaware can apply for a driving privilege card (DPC), regardless of nationality. This is because of Senate Bill 59, passed in 2015. Under this law, the Division of Motor Vehicles is authorized to issue a DPC to any person in the state who meets the eligibility requirements. These include proof of identity, date of birth, filed Delaware taxes and Delaware residency. The application comes with a $20 fee.

Delaware’s DPC is valid for four years. It’s marked with the phrases “Driving Privilege Only” and “Not Valid for Identification,” as it can only be used for driving purposes.

Hawaii issues a limited-purpose instruction permit, limited-purpose provisional driver’s license or limited-purpose driver’s license to individuals who can’t present documentary proof of legal presence in the country or proof of SSN.

To apply for a license, undocumented immigrants must submit documents proving their Hawaii residency, legal name and date of birth. These permits aren’t acceptable for official federal purposes and are only used to operate motor vehicles legally.

Under Public Act 097-1157, the Secretary of State is given the authority to issue temporary visitor’s driver’s licenses to undocumented individuals. They must have resided in Illinois for more than a year but are ineligible to get an SSN or any other document proving legal presence in the U.S. Interested applicants must submit a valid, unexpired passport from their country of citizenship or consular identification document. A temporary visitor’s driver’s license is valid for three years and can only be used for driving purposes. It’s not proof of identity.

Maryland issues non-compliant driver’s licenses to individuals who don’t have a valid SSN or are undocumented. Qualification requirements include the following:

• Individual TIN
• Filing of Maryland income taxes for the past two years before the driver’s license application
• Certification letter for the appointment with the Motor Vehicle Administration

The non-compliant driver’s license can’t be used for federal identification purposes.

This amendment prohibits registrars from inquiring about immigration status or citizenship during a driver’s license application. Individuals can obtain a license if they present proof of identity, Massachusetts residency and date of birth.

This law, which will take effect on Oct. 1, 2023, aims to authorize the issuance of noncompliant driver’s licenses or identification cards to individuals who don’t have an SSN. The requirements for the application include proof of identity like an unexpired foreign passport, a foreign consular identification document bearing the applicant’s photograph and a certified birth certificate.

Nevada issues driver authorization cards to individuals who don’t meet the proof of identity requirements for obtaining a driver’s license. This card isn’t valid for federal identification purposes and can only be used for driving on Nevada public roads. The card is valid for four years and expires on the holder’s birthday. Application requirements include proof of identity, translation of documents not in English and proof of Nevada residency.

New Jersey residents can obtain a standard license, regardless of their immigration status. That means undocumented immigrants can get one by submitting a proof of identity or date of birth, New Jersey residency and individual TIN.

New Mexico’s Motor Vehicle Division offers two types of driver’s licenses. Undocumented immigrants or anyone who can’t provide proof of lawful status can get the standard driver’s license, which only requires one proof of identity and age and two proofs of New Mexico residency. Certified written translations must accompany any document not in English.

Under the Driver’s License Access and Privacy Act, the New York DMV is authorized to issue standard licenses to undocumented immigrants. Residents can get a license even without an SSN. Documents necessary to apply include proof of name, date of birth and New York state residency. This type of license bears the mark “Not for Federal Purposes.”

With the introduction of House Bill 2015, Oregon residents no longer need to provide proof of legal presence or citizenship to get a standard noncommercial driver’s license, driver permit or identification card. An Oregon driver’s license can only be used for personal identification and driving purposes. It’s not valid for federal identification purposes.

Starting July 2023, the Division of Motor Vehicles will issue Driver Privilege Cards. Undocumented immigrants residing in Rhode Island may be eligible to obtain a card by submitting proof of identity, tax verification and residency.

The Utah Department of Public Safety Driver License Division issues all residents driver’s licenses and identification cards. For undocumented immigrants, the application requirements include identity verification, Social Security or individual TIN, Utah residency or mailing verification, proof of driving experience (for first-time applicants) and a fingerprint card and photo. The driving privilege card includes “For Driving Privileges Only – Not Valid for Identification.” Therefore, it can’t be used for government identification purposes.

This law states that any Vermont resident can obtain a Driver Privilege Card, regardless of immigrant status. Undocumented residents only need proof of identity and two documents proving Vermont residency. Individuals who don’t have an SSN may opt to submit a W-2 form.

Driver Privilege Cards can’t be used for federal identification. They will expire at midnight on the eve of the cardholder's second or fourth birthday after the issuance date.

The law established an alternative type of driver’s permit for Virginia residents who don’t meet the state’s legal presence requirements. The so-called Driver Privilege Card is available to individuals 16 years and three months old. Applicants must prepare two proofs of identity, two proofs of Virginia residency and tax return documentation. Those without an SSN may substitute this requirement with their TIN. The Driver Privilege Card will expire on the cardholder’s second birthday after the date of issuance.

The Washington State Department of Licensing allows undocumented immigrants to obtain a driver’s license even without an SSN. Simply sign a declaration stating you don’t have one and submit proof of identity and Washington residency.

Individuals without an SSN are eligible to get a limited-purpose license if they have been residing in the District of Columbia for more than six months. They only need to provide proof of identity, their date of birth and proof of residency. This type of driver’s license bears the mark “Not valid for official federal purposes.” It’s valid for eight years.

Car insurance provides additional financial protection against unexpected huge expenses due to certain incidents, such as accidents and weather-related damages. Most states require drivers to have a policy. There are also cases wherein a person with no driver’s license would want to get auto insurance. Common instances include:

• A person with a disability buying a plan to protect their vehicle driven by another individual.
• Someone helping a minor buy a car.
• A classic, antique or vintage car collector who doesn’t intend to drive their vehicles on public roads.

Like other drivers, undocumented immigrants who secured driver’s licenses should maintain an auto insurance plan that meets at least the state minimum coverage requirements. However, the right level of coverage would depend on personal needs and circumstances. For higher limits, full coverage car insurance may be a better choice. Insurance providers may also offer add-on coverages for an additional fee.

Finding the right auto insurance policy requires you to consider various factors. Aside from evaluating your driver profile, you should ensure that your car insurance cost fits your financial situation.

Starting anew in a different country can be challenging and overwhelming. Fortunately, there are resources and tools available for undocumented immigrants to help them make well-informed financial decisions.

• Insurance Information Institute: Find information about auto insurance, the different types of coverages and reform laws.
• National Immigrant Justice Center: Know your rights as an immigrant in the U.S. Get legal consultation from free or low-cost immigration legal aid organizations.
• National Immigration Law Center: Learn your rights as an immigrant and read about different issues affecting immigrants. Find out how the DACA program affects immigrants’ access to driver’s licenses.
• National Safety Council: This nonprofit organization provides multiple resources on road safety.
• U.S. Citizen and Immigration Services: Learn more about the DACA program, whether you’re qualified and how to apply.
• USA.gov: Access links to official state websites and learn how you can get or renew your driver’s license. Use the dropdown menu to find your state.