Related Topic: Immigration
States issue driver’s licenses under the constitutional authority of the 10th Amendment. Congress enacted RealID in 2005, creating standards for state-issued driver’s licenses, including evidence of lawful status. This brief provides a summary of state legislation authorizing driver’s licenses or authorization cards for unauthorized immigrants. Eighteenstates and the District of Columbia have enacted laws to allow unauthorized immigrants to obtain driver’s licenses. These states—California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginiaand Washington—issue a license if an applicant provides certain documentation, such as a foreign birth certificate,foreign passport, orconsular card and evidence of current residency in the state.
In 2022, Rhode Island became the most recent state to enact legislation extending driver’s licenses and identification cards to those without proof of lawful presence (SB 2006/HB 7939). In addition to Rhode Island, the Massachusetts legislature overrode the Governor’s veto of their bill allowing those without proof of lawful presence to obtain driver’s licenses (SB 4822/HB 4805). In the 2022 midterm election, Massachusetts voters were asked via ballot measure (Q4) whether the state should keep or repeal the new immigrant driver’s license law, and voters ultimately elected to uphold it. In the 2022 midterm election, Massachusetts voters were asked via ballot measure (Q4) whether the state should keep or repeal the new immigrant driver’s license law, and voters ultimately elected to uphold it.
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Does not offer driving privileges to unauthorized immigrants
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| State | Bill | Year Enacted | Summary | Effective Date |
|---|---|---|---|---|
California | A 60 | 2013 | This law requires the Department of Motor Vehicles to issue driver's licenses to individuals who are ineligible for a Social Security number, if the required documentation is provided. | Jan. 1, 2015 |
Colorado | S 251 | 2013 | This law allows individuals to qualify for a driver's license, instruction permit or identification card, despite the individual not being lawfully present or being only temporarily lawfully present in the United States if certain conditions are met, such as providing state tax returns. | Aug. 1, 2014 |
Connecticut | H 6495 | 2013 | This law provides driver's licenses to applicants who submit a valid foreign passport or consular identification and proof of residency, regardless of legal presence in the United States. Applicants must file to legalize as soon as he or she is eligible | Jan. 1, 2015 |
Delaware | S 59 | 2015 | This law creates the means for an undocumented immigrant to obtain a driving privilege card in Delaware. A driving privilege card or permit applicant must provide the state with satisfactory documentary evidence and that the applicant has filed a Delaware income tax return or resided in Delaware and been claimed as a dependent by an individual who has filed a state income tax return for the preceding two years. The card is not considered a valid form of identification due to the applicant’s inability to prove legal presence in the U.S. | Dec. 27, 2015 |
Hawaii | H 1007 | 2015 | This law authorizes the issuance of driver’s licenses to residents of Hawaii who cannot provide proof of authorized presence in the United States. Applicants must provide satisfactory proof of identity and Hawaii residency. | Jan. 1, 2016 |
Illinois | S 957 | 2012 | This law allows the Secretary of State to issue a temporary visitor's driver's license to an individual who has resided in Illinois for a specified time but is ineligible to obtain a Social Security number, and unable to prove lawful presence. A valid, unexpired foreign passport or consular identification document from their country of citizenship are acceptable forms of identification. | Nov. 28, 2013 |
Maryland | S 715 | 2013 | This law authorizes the issuance of driver’s licenses to those who do not have lawful status or a valid Social Security number. New applicants must provide evidence that the applicant has filed two years of Maryland income tax returns or proof of residency or have been claimed as a dependent by an individual who has filed Maryland income tax returns. The licenses are not valid for Federal identification purposes. | Jan. 1, 2014 |
| Massachusetts | HB4805 | 2022 | This law authorizes the issuance of drivers licenses to applicants even if they cannot provide proof of lawful presence or if they are uneligible for a social security number. | July 1, 2023 |
| New Jersey | A4743 | 2019 | This law creates a standard driver's license or identification that does not require proof of lawful presence. The law prohibits the motor vehicle commission from disclosing information to any federal, state or local law enforcement agency for immigration purposes without the consent of the individual, a warrant, court order or subpoena, unless such restriction is contrary to federal law. The commission may not retain copies of documents submitted to establish eligibility for a license or identification card. | June 1, 2020 |
New Mexico | H 173 | 2003 | This law allows the Department of Motor Vehicles to accept tax identification numbers as a substitute for a Social Security number regardless of immigration status. | 2003 |
| New York | S 1747 | 2019 | This law authorizes the Department of Motor Vehicles to issue standard drivers’ licenses and restricts what information can be retained and given out on those applying or holding licenses. | June 17, 2019 |
| New York | A3675 | 2019 | This legislation allows for the issuance of a driver's license to undocumented residents and protects the data of those applying for such privilege from unwarranted release. The Department of Motor Vehicles may not disclose records to any agency that primarily enforces immigration law without a lawful court order or judicial warrant. The law requires that any person or entity that has access to information from the department to certify that the information will not be used for civil immigration purposes. Application forms for non-commercial drivers' licenses and learners' permits which do not meet federal standards for identification may not state: the documents an applicant used to prove age or identity; an applicant's ineligibility for a social security number where applicable; or an applicant's citizenship or immigration status. A non-commercial driver's license or learner's permit which does not meet federal standards for identification may not be used as evidence of a person's citizenship or immigration status, and may not be the basis for investigating, arresting, or detaining a person. Such licenses must be visually identical to federal-purpose driver's licenses except that such licenses may state "Not for Federal Purposes". | Dec. 14, 2019 |
Nevada | S 303 | 2013 | This law creates a driver’s authorization card and allows applicants, regardless of legal status, to provide birth certificates or passports issued by a foreign country as proof of identity. This law also prohibits the release of information relating to legal status for purposes relating to the enforcement of immigration laws. | Jan. 1, 2014 |
| Oregon | H2015 | 2019 | This law eliminates the requirement that a person provide proof of legal presence before the Department of Transportation issues a noncommercial driver license, noncommercial driver permit or identification card. Acceptable documents to prove identity, date of birth or address when a person is applying for a driver license, driver permit or identification card that is not a Real ID, a commercial driver license, or a commercial learner driver permit, include: (a) An unexpired valid passport from the person’s country of citizenship; (b) An unexpired valid consular identification document issued by the consulate of the person’s country of citizenship; (c) A driver license, driver permit or identification card issued by Oregon that expired less than 13 years before the current application; or (d) A driver license, driver permit or identification card issued by another state that is unexpired or expired less than a year before the current application. | Aug. 9, 2019 |
| Rhode Island | S 2006/ H 7939 | 2022 | This law allow any person who is unable to establish legal presence in the U.S. but meets requirements such as presenting proof of identity, proof of residency and not violating insurance requirements, to receive a driver’s license or permit if the Division of Motor Vehicles deems them eligible. | July 1, 2023 |
Utah | S 227 | 2005 | This law establishes a one-year driving privilege card for unauthorized immigrants. Applicants without a Social Security number must prove Utah residency for six months and provide a tax identification number. The card is expressly prohibited from being used for any identification purposes by a governmental entity. | March 8, 2005 |
Vermont | S 38 | 2013 | This law allows those Vermont residents unable to establish lawful presence in the United States to be eligible for a motor vehicle operator's privilege card or alternate identification card. | Jan. 1, 2014 |
| Virginia | HB 1211/SB 34 | 2020 | This law creates a driving privilege card or permit for applicants who do not meet the requirements for a driver's license or permit. The applicant must have reported income and deductions from Virginia sources, or been claimed as a dependent, on an individual income tax return filed in the preceding 12 months and may not be in violation of the insurance requirements. Applicants may not be required to present proof of legal presence in the United States. A driver privilege card or permit will expire on the applicant's second birthday following the date of issuance. The front of a driver privilege card or permit must be identical in appearance to a driver's license or permit that is not a REAL ID credential and the back of the card or permit must be identical in appearance to the restriction on the back of a limited-duration license, permit or special identification card. | Jan. 1, 2021 |
Washington | H 1444 | 1993 | This law allows drivers license applicants without Social Security numbers to provide alternate documentation to show proof of residence in the state of Washington such as home utility bills and tax identification numbers. | July 25, 1993 |
District of Columbia | B 275 | 2013 | This law creates a limited purpose driver's license, permit, or identification card for a District resident who has not been assigned a Social Security number or cannot establish legal presence in the United States. | May 1, 2014 |
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FAQs
Can you get a drivers license in Florida if you are undocumented? ›
Non-U.S. citizens applying for an original driver license will be issued a 60-day temporary paper permit without a photo and a receipt. Non-U.S. citizens applying for an ID card will be issued a receipt.
How can a foreigner get a Florida driver's license? ›Florida honors a valid foreign driver's license with an international driving permit. Once your foreign license expires, you must apply for an FL learners permit and pass all required testing to receive a driver's license.
Can you get a Florida ID without a Social Security card? ›An original Social Security card or acceptable proof of Social Security number. Full Social Security number must appear on the document. Social Security records must match name being used before issuance of a Florida driver license or identification card.
Can an immigrant get a US driver's license? ›Currently, sixteen states and the District of Columbia allow undocumented people to obtain driver's licenses. United We Dream has put together this guide for non-citizens and undocumented folks to understand if they are eligible, and what they need to do in order to be able to drive safely.
Can a non immigrant get a driver's license in Georgia? ›Obtaining a Georgia License
The driver must be a United States citizen or have lawful status in the United States. Georgia law does not allow non-US citizens, non-resident drivers to operate a motor vehicle if he or she does not have lawful status in the United States.
A non-US citizen must meet all requirements for obtaining a driver's license or identification card, i.e., all required documents, knowledge, and eye exam, as applicable. (For more information, view the section regarding a Regular Driver's License or Identification Card).
How do you get a license in the US as a foreigner? ›U.S. Driver's License Requirements for Immigrants
Most require a green card, but as previously mentioned, not all. Typically, some of the requirements for obtaining your license include your I.D., proof of residency in your state, proof of social security, driver's license from the native country, and a passport.
More broadly, undocumented drivers can currently obtain a driver's license, or a similar certificate allowing them to legally drive, in Washington, D.C., as well as 12 states: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Mexico, Utah, Vermont and Washington.
Can undocumented immigrants get a driver's license in North Carolina? ›Becoming a permanent U.S. citizen is a long and difficult process that you do not want to risk. Before operating a vehicle without a valid license, it is important to understand how this act can affect your immigration status. North Carolina is not among the states offering driver's licenses to undocumented immigrants.
Can undocumented immigrants get an ID in California? ›California law does not allow for an ID card to be issued to individuals who are not legally present in the United States.
Can I use my Uscis receipt to get a driver's license? ›
Unfortunately, the California State DMV does not accept an I-797 receipt notice as proof of H-1B or H-4 status so a driver's license cannot be granted while an H-1B or H-4 extension or change of employer is still pending. If I need a driver's license and my H-1B is still pending, what can I do?
Can an undocumented person get a driver's license in Tennessee? ›International individuals who are not US residents, will only be issued a Temporary Driver's License (TDL). The TDL will expire when the visa status or visa program expires. The date on the most recently issued I-94 document will be used to determine the visa status expiration date.
Can immigrants get a driver's license in California? ›Governor Brown signed AB 60 into law in 2013, which directs the Department of Motor Vehicles (DMV) to issue a driver's license to any California resident who is eligible, regardless of immigration status.
Can undocumented immigrants get a driver's license in Virginia? ›The state of Virginia requires motorists to provide proof of United States citizenship or legal residence in order to obtain a drivers' license or identification card. The Commonwealth is like most states in the country that demand such proof before it will issues a license.
Can I get a Georgia driver's license without SSN? ›No person may obtain a Georgia driver's license or state-issued identification card without providing a Social Security number. If you don't have a Social Security number, you must first obtain Form SSAL676 (SSN Denial Notice) from your local Social Security office.
Can you get a California driver's license without being a resident? ›AB 60 driver's licenses (DL) are for individuals who are unable to provide proof of legal presence in the United States (U.S.), but who meet California DMV requirements and are able to provide proof of identity and California residency.
Can an illegal immigrant get a state ID in New York? ›IDNYC is a government-issued photo identification card available to all New York City residents age 14 and up, regardless of immigration status.
How can I get driving Licence in USA without SSN? ›If you are legally present in the U.S., but ineligible for an SSN, you are exempt from the DMV SSN requirement. You may start an application for a noncommercial driver license or ID card, and once your eligibility status is veri-fied, DMV will complete your application.
Can an immigrant get a driver's license in NJ? ›In April 2021, it became legal for undocumented immigrants to obtain New Jersey driver's licenses. Individuals falling into one of the categories below are eligible to get an NJ driver's license: Treaty trader. A temporary worker that is accompanying their spouses and/or children.
Which state is easiest to get a driver license? ›Ohio is one of the easiest driver's license to get in the United States, study finds. COLUMBUS, Ohio — A new study says that the Buckeye State is one of the easiest in the nation to get a driver's license. That's according to the law firm Siegfried and Jensen's newest study.
Can an illegal immigrant get a driver's license in Indiana? ›
In compliance with 49CFR 383.71 (b)(9) Indiana will not issue a new CLP or CDL to any driver who is not a US citizen or lawful permanent resident. To qualify as a lawful permanent resident, the applicant must provide a valid Form I-551.
What is required to get Florida drivers license? ›Proof of identity. Proof of Social Security number. Proof of residential address. Proof of completion of a Traffic Law & Substance Abuse Education Course or license from another state, country, or jurisdiction.
What are the requirements for a Florida driver's license? ›- Be at least 16 years old.
- Complete a drug and alcohol course.
- Pass a vision and hearing test.
- Pass the Class E Knowledge Exam.
- Pass the Class E Driving Skills Test.
- Provide identification and all required documents.
SSN Verification
All applicants for a driver license and/or identification (DL/ID) card must submit his/her social security number to DMV. DMV electronically verifies your SSN, name, and birth date with the Social Security Administration (SSA) while you are in the DMV office.
As a new Florida resident, you must obtain a valid Florida driver license within 30 days of establishing residency to drive on Florida roads.
Who does not need a Florida license? ›Persons employed by the United States government driving a United States government motor vehicle on official business. Any non-resident working for a firm on a contract for the United States government. (This exemption is only for 60 days.) Any non-resident attending college in Florida.
What can I do without a license in Florida? ›- Small electrical work and plumbing work is allowed.
- Caulking and painting.
- Tile cleaning and repair.
- Basic yard work and maintenance.
- Minor carpentry.
- Replacement and repair of interior doors and windows.
Getting behind the wheel in the Sunshine State is quite simple. All you have to do is complete a TLSAE course, put together the correct documentation and pass your knowledge and driving tests.
What proof of residency does Florida DMV need? ›Residential address documents include, but are not limited to: Deed, mortgage, monthly mortgage statement, mortgage payment booklet or residential rental/lease agreement; Florida voter registration card; Florida vehicle registration or title (print a duplicate registration at MyDMV Portal);
How much is a driver's license in Florida? ›| Original Class E (includes Learner's license)* | $48.00 |
|---|---|
| Renewal Class E* | $48.00 |
| Renewal School Board Commercial Driver License* | $48.00 |
| Replacement license (Free to veterans only adding the “Veteran” designation)* | $25.00 |
| Late Fee | $15.00 |
Can undocumented immigrants get driver's license in NY? ›
The New York State DMV is now accepting applications for driver's licenses from all New Yorkers, regardless of immigration status! Now any New Yorker, 16 and above, can apply for a standard, not for federal purpose, non-commercial driver's license or learner permit, regardless of immigration status.
Can international students get a driver's license in USA without SSN? ›If you want to go to the Department of Motor Vehicles to obtain a learner's permit (the first step in getting your driver's license) or photo ID, you must have either a Social Security number (see above) or a letter of ineligibility to apply. You should complete the MV-44 form.
Can illegal immigrants get driver's license in Texas? ›An applicant may be issued a limited term DL/ID if he or she is NOT: A US citizen; A US national; A lawful permanent resident; A refugee; or An asylee. A limited term DL/ID will expire with the applicant's lawful presence as determined by DHS. Transportation Code for application and eligibility requirements.