What states let illegals get driver's licenses?

Editorial team Published on

Nineteen states and the District of Columbia allow undocumented immigrants to obtain driver's licenses or driving privilege cards.

States That Issue Licenses

According to the National Conference of State Legislatures, the following jurisdictions allow unauthorized immigrants to apply for a driver's license or standard driving permit:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Hawaii
  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Oregon
  • Rhode Island
  • Utah
  • Vermont
  • Virginia
  • Washington
  • District of Columbia

Key Requirements and Rules

  • Identification: Instead of a Social Security number or proof of legal status, applicants must show alternative documents like a foreign passport, foreign birth certificate, or consular card, alongside proof of state residency.
  • REAL ID: Undocumented individuals cannot get a federal REAL ID-compliant card. The licenses issued are non-compliant and cannot be used for federal identification or boarding commercial airplanes.
  • Card Types: Policies differ by state. Some states issue standard driver's licenses to all residents, while others issue specific "driving privilege cards" or marked noncompliant licenses.

Further Exploration

  • Read a detailed breakdown of policies on the National Conference of State Legislatures page.
  • Review legal analysis from the Associated Press regarding multi-state policy debates.

What states are giving illegal immigrants a driver's license?

As of 2026, 19 U.S. states and the District of Columbia allow undocumented immigrants to obtain a driver's license or driving privilege card, according to the National Conference of State Legislatures.

States That Issue Licenses or Privilege Cards

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Hawaii
  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Oregon
  • Rhode Island
  • Utah (issues driving privilege cards)
  • Vermont
  • Virginia (issues driver privilege cards)
  • Washington
  • District of Columbia

General Requirements

  • Identity Proof: Applicants usually provide a foreign passport, foreign birth certificate, or consular ID.
  • Residency: Applicants must show proof they live in the state, such as utility bills or state tax filings.
  • Federal Compliance: These licenses are typically marked "not for federal identification" or do not comply with federal REAL ID rules.

Where can undocumented immigrants get a driver's license?

Undocumented immigrants can get a driver's license in 19 states and the District of Columbia through National Conference of State Legislatures guidelines.

States Allowing Licenses

These jurisdictions issue standard licenses or driving privilege cards regardless of legal status:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Hawaii
  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Oregon
  • Rhode Island
  • Utah
  • Vermont
  • Virginia
  • Washington
  • District of Columbia

Requirements and Limits

  • Identification: Applicants typically show a foreign passport, foreign birth certificate, or consular card.
  • Residency: Proof of state residency or tax documents (such as an ITIN) is required.
  • No REAL ID: These licenses are not REAL ID-compliant and cannot be used for boarding domestic flights or entering federal buildings.
  • Restrictions: Some states like Florida and Tennessee do not accept out-of-state driver's licenses issued to undocumented residents.

What are the top 3 states with illegal immigrants?

The top three U.S. states with the largest unauthorized immigrant populations are California, Texas, and Florida.

According to data analyses from research groups like the Pew Research Center and the Migration Policy Institute, these three states have led the nation in total numbers for decades:

  • California: Ranks first, hosting the largest share of the nation's undocumented population.
  • Texas: Ranks second, holding a large and closely following population.
  • Florida: Ranks third, which has experienced significant population increases in recent years.

Together with New York, New Jersey, and Illinois, these regions consistently house the majority of undocumented immigrants living in the United States.

Can illegal immigrants obtain a US driver's license?

Yes, undocumented immigrants can obtain a driver's license in certain U.S. states. As of 2026, 19 states and the District of Columbia have passed laws allowing individuals to obtain a driver's license or driving privilege card regardless of their immigration status.

Where Can Undocumented Immigrants Get a License?

The jurisdictions that permit undocumented immigrants to apply for a driver's license include:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • District of Columbia
  • Hawaii
  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota
  • Nevada
  • New Jersey
  • New Mexico
  • New York
  • Oregon
  • Rhode Island
  • Utah
  • Vermont
  • Virginia
  • Washington

Conversely, states like Texas and Florida explicitly bar undocumented individuals from obtaining a driver's license.

Requirements for the Application

In states where it is permitted, applicants do not need to provide a Social Security number or proof of lawful presence. Instead, they typically must provide:

  • Proof of Identity: A foreign birth certificate, a foreign passport, or a consular identification card.
  • Proof of State Residency: Utility bills, lease agreements, or state tax returns demonstrating that they live in the state.
  • Driving Proficiency: Passing the state's standard vision, written, and practical driving tests.

Limitations of the License

Licenses issued to undocumented immigrants are "standard" driver's licenses or driving privilege cards, which carry strict legal limitations:

  • Not REAL ID Compliant: They do not meet federal REAL ID standards, which require proof of U.S. citizenship or lawful permanent residency.
  • No Federal Use: These cards are marked with phrases like "Federal Limits Apply" or "Not for Federal Purposes." They cannot be used to board domestic commercial flights, enter federal buildings, or vote in elections. They are strictly valid for driving and auto insurance purposes.

Wirths: Drivers license supporters putting out welcome mat for illegal immigrants

9 related questions found

Which state is least friendly to immigrants?

Based on evaluations of state laws and policies affecting foreign-born residents, Texas and Florida frequently rank as the least friendly states for immigrants due to comprehensive state-level enforcement and anti-sanctuary measures.

Least Immigrant-Friendly States

  • Texas and Florida: According to analyses by groups like the Immigrant Legal Resource Center, both states score lowest on protective measures (around 1.95 out of 5) because they commit extensive state and local resources to immigration enforcement and restrict benefits for undocumented residents.
  • Indiana and Georgia: These states routinely rank near the bottom in national policy indexes due to restrictive laws, limited public health support for foreign-born residents, and broad anti-sanctuary legislation.
  • Alabama and Iowa: These states enforce comprehensive laws that mandate local agencies to cooperate heavily with federal immigration enforcement and deportation efforts.

You can review the specific criteria and legal breakdowns on the Immigrant Legal Resource Center policy map.

What states are not working with ice?

Several U.S. states and the District of Columbia limit, restrict, or prohibit local law enforcement and state agencies from cooperating with U.S. Immigration and Customs Enforcement (ICE), functioning as sanctuary jurisdictions or enacting explicit bans on local 287(g) partnership agreements.

According to the U.S. Department of Justice Sanctuary Jurisdiction List and tracking by legal organizations like Bolts Magazine, the states and districts with statewide restrictions, executive directives, or sanctuary designations include:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Illinois
  • Maine
  • Maryland
  • Minnesota
  • New Jersey (enforced via executive directive)
  • New Mexico
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Washington

Note: The exact level of restriction varies by state, with some banning local jail contracts and data-sharing, while others focus specifically on prohibiting local police from acting as deputized immigration agents.

Which states are most friendly to undocumented immigrants?

California, Oregon, Washington, Illinois, and New Jersey are widely considered the most friendly states for undocumented immigrants due to comprehensive sanctuary policies, access to driver's licenses, and inclusive healthcare or educational benefits.

Top Immigrant-Friendly States

  • California: Offers expansive protections including state-funded healthcare access, driver's licenses regardless of status, in-state tuition, and strict laws limiting local law enforcement cooperation with federal immigration authorities (ICE).
  • Oregon: Operates as a broad sanctuary state limiting local-federal immigration collusion, provides access to driver's licenses, and grants in-state tuition eligibility at public colleges.
  • Washington: Features state-level sanctuary policies restricting local cooperation with ICE, alongside access to driver's licenses, public education resources, and state healthcare programs.
  • Illinois: Recognized as a sanctuary state that provides driver's licenses, expanded healthcare options, and community funding for immigrant legal and housing assistance.
  • New Jersey: Implements protective measures via the Immigrant Trust Directive, requiring judicial warrants for ICE detainers and offering inclusive healthcare and legal support access.

Did California give illegals driver's licenses?

Yes, California gives driver's licenses to undocumented immigrants.

The Law (AB 60)

  • California passed Assembly Bill 60 (the Safe and Responsible Drivers Act) in 2013, and the law took effect on January 1, 2015.
  • The law allows any California resident to apply for a standard driver's license regardless of their immigration status.
  • Applicants must still prove their identity and California residency (using documents like a foreign passport or birth certificate), pass vision and written tests, and complete a behind-the-wheel driving test.

License Features and Limitations

  • Distinct Markings: AB 60 licenses state "federal limits apply" on the front and are "not acceptable for official federal purposes" (such as boarding commercial domestic flights or entering federal buildings) on the back.
  • No Federal Identification: These cards are non-Real ID driving privilege cards.
  • Statistics: Over one million undocumented residents have obtained driver's licenses through this program since its launch.

Does a REAL ID prove citizenship to ICE?

No, a standard REAL ID does not prove U.S. citizenship to Immigration and Customs Enforcement (ICE).

Why a REAL ID Does Not Prove Citizenship

  • Available to non-citizens: Lawful permanent residents (green card holders), temporary visa holders, and people with DACA or asylum status can qualify for a REAL ID in many states.
  • Only verifies identity and past status: A REAL ID confirms your identity and that you had legal presence in the U.S. when the card was issued, but it does not track your current citizenship or ongoing legal status.
  • Official DHS stance: The Department of Homeland Security and enforcement officials have stated in court and in public guidelines that standard REAL IDs are not reliable proof of U.S. citizenship.

What Does Prove Citizenship

  • U.S. Passport or Passport Card: This is the most direct and universally accepted proof of U.S. citizenship.
  • Enhanced Driver's License (EDL): Only a few specific states—Michigan, Minnesota, New York, Vermont, and Washington—issue EDLs that explicitly indicate U.S. citizenship alongside REAL ID compliance.
  • Other civil documents: Original U.S. birth certificates or naturalization certificates.