Driver's Licenses for Undocumented Immigrants by State (2026)

As of September 25, 2026, 19 states and the District of Columbia have laws that let residents get a driver's license or driving card without proving lawful presence in the United States. These licenses let you drive under each state's rules, but they do not meet the federal REAL ID standard: since May 7, 2025, the TSA no longer accepts them for boarding a plane.

Each state decides what the document is called, which papers it requires and how it protects applicant data. This page puts those rules in one table, explains what the license can and cannot do, and tracks the changes from 2023 through 2026.

This page covers the laws of 19 states and the District of Columbia on driver's licenses for people who cannot prove lawful presence, and the federal REAL ID rules. It does not cover Puerto Rico or the other territories. It is general information and is not a substitute for advice from a lawyer or an accredited representative about your situation.

Which states issue driver's licenses regardless of immigration status?

The table lists each jurisdiction, what its law calls the document, the statute or official page that governs it, and the main requirements. It is current as of September 25, 2026.

If your state is not in the table, this page does not analyze its law in detail. Do not assume a program does or does not exist: check your state's official licensing page, because these rules change almost every year.

What documents states usually ask for

The details differ, but nearly every program rests on three things: your identity, your residence in the state and your ability to drive.

• Identity. Many states accept a home-country passport or a matrícula consular. Colorado accepts those documents if expired less than 10 years, Connecticut accepts a passport expired less than 3 years, and Illinois accepts them within 2 years after expiration. Other states require them to be unexpired.
• Residence. Most states ask for one or two documents with your name and address, such as a utility bill, a bank statement or a lease. Illinois requires more than one year of residence, and the District of Columbia more than 6 months.
• Social Security number. In place of the number, Oregon and Washington accept a written statement that you do not have one, New York accepts an affidavit, New Jersey accepts an ITIN or an affidavit, and Utah accepts an ITIN.
• State taxes. Delaware and Maryland require a state income tax return for each of the past 2 years, Rhode Island for the prior year, and Virginia one filed in the prior 12 months. In all four, being claimed as a dependent on a return also counts.
• Fingerprints. Delaware and Utah, for example, require fingerprints as part of the process. New Mexico dropped its fingerprint requirement in 2019.
• Translations. If a document is not in English, states such as Massachusetts, the District of Columbia, Connecticut and New Mexico require a certified translation.

In every case you must also pass the tests the state requires of any driver, such as the written, vision and road tests. In California, the written test is offered in more than 40 languages.

What you can and cannot do with the license

With these licenses you can drive legally in your state like any other driver. Rhode Island's and Virginia's laws say the card confers "the same privileges" as a regular license. Hawaii's law makes it unlawful to discriminate against someone for holding this license, and California's says that discrimination on that basis violates the Unruh Civil Rights Act and the state's Fair Employment and Housing Act (FEHA).

What these licenses do not do:

• They are not REAL ID compliant. Under the federal rule 6 CFR 37.11(g), a REAL ID license may be issued only to a person who presents evidence of lawful status. A state that DHS has found REAL ID compliant and that also issues non-compliant cards must mark them as not acceptable for official purposes, under 6 CFR 37.71. In some states the card issued without proof of lawful presence is the same non-REAL ID card any resident can choose: Minnesota's DVS says the format is the same with or without legal presence, New York's law requires its non-REAL ID license to look the same as other licenses except for a "Not for Federal Purposes" statement, and Virginia's law makes the front of the card identical to a non-REAL ID license.
• They do not work for domestic flights or to enter federal buildings. The TSA says that since May 7, 2025, it no longer accepts non-REAL ID licenses. Its list of acceptable IDs includes a foreign government-issued passport. Since February 1, 2026, a traveler without an acceptable ID can pay $45 for TSA ConfirmID so the TSA can try to confirm their identity. Minnesota's DVS notes that since May 7, 2025, a standard license also cannot be used to enter U.S. military bases or federal buildings, including some courthouses.
• They are not commercial licenses. The laws of California, Delaware, Maryland and Minnesota expressly say the program does not allow a commercial driver's license (CDL) without meeting federal requirements.
• They are not always valid identification. In Delaware the card is not valid identification for any purpose, in Nevada it reads "Not Valid for ID," and in Utah government agencies may not accept it as identification. By contrast, Maryland and Colorado say their license is valid identification within the state.
• They do not prove immigration status or the right to vote or work. In California the license may not be used as evidence of citizenship or immigration status, and in the District of Columbia it may not be used to consider a person's immigration status. In Connecticut it may not be used as identification for voting, and in Massachusetts the law keeps the application from automatically registering the applicant to vote.

Can you drive in other states with this license?

Your license can be valid at home and invalid in another state. As of September 25, 2026, at least four states, Florida, New Hampshire, Tennessee and Wyoming, have laws that treat certain licenses issued by other states as invalid inside their borders. If you drive into one of those states on a license its law covers, you can be charged there even though your license is valid where it was issued.

• Florida: Fla. Stat. § 322.033 makes out-of-state licenses invalid in Florida if they are of a class issued only to people who could not prove lawful presence, or if they carry markings showing the holder did not provide that proof. The officer must issue a citation for driving without a license under § 322.03, which is a crime: a second-degree misdemeanor on a first conviction, a first-degree misdemeanor on a second, and on a third or later conviction a first-degree misdemeanor with a minimum mandatory 10 days in jail. Florida's motor vehicle department posts the list of affected licenses on its website.
• Wyoming: since July 1, 2025, W.S. 31-7-143 treats as invalid any license another jurisdiction issued to an "unauthorized alien" (a person who is not a U.S. citizen and was not lawfully admitted to the United States), as well as licenses marked to show the holder did not prove lawful presence. Because it is not limited to special classes of licenses, it can reach a standard license that looks like everyone else's. Driving on an invalid license is a misdemeanor punishable by a fine of up to $750, up to six months in jail, or both (W.S. 31-7-134(a)).
• New Hampshire: RSA 263:1, IV, effective September 30, 2025, adopted a rule similar to Florida's. There a first offense is a violation and a second offense is a class B misdemeanor. The same law bars police from making a traffic stop solely on suspicion that a driver is using one of those licenses.
• Tennessee: since January 1, 2026, Public Chapter 288 (HB 749 of 2025) treats as invalid a license of a class that another state issues only to people without lawful presence and that is marked or designed so it is easy to tell apart from the licenses issued to citizens and people with lawful status. Driving with one is a Class B misdemeanor. The state must publish on its website a list of the out-of-state license classes it considers invalid.

A misdemeanor conviction goes on your criminal record, and a criminal record can affect an immigration case. These four states may not be the only ones, and similar bills are introduced every year. Before driving outside your state, check the official licensing page of each state you will pass through, and if you are charged, talk to an immigration lawyer or an accredited representative as well as a criminal defense lawyer.

Does the DMV share your data with immigration authorities?

It depends on the state. Some laws limit who can see the information you give when you apply:

• California: the documents you submit are not public records and are released only in response to a subpoena in a criminal case, a court order, or a certified urgent health or safety need. The statute states that immigration enforcement does not count as such a need.
• Colorado: under SB21-131, the state may not let government agencies inspect motor vehicle records for the purpose of investigating for or assisting in federal immigration enforcement, except as federal or state law requires or to comply with a court-issued subpoena, warrant or order.
• Maryland: the law requires state and local officials to deny a federal agency seeking to enforce immigration law access to personal information or photographs in public records, and to facial recognition searches of stored photos, unless it presents a valid warrant issued by a federal court or a Maryland court.
• Minnesota: DVS says it does not ask or track whether a person is undocumented, and that it cannot share license information with agencies that primarily enforce immigration law unless ordered by a court.
• Massachusetts: the statute bars the registrar from asking about or recording the citizenship or immigration status of applicants for this license, except as election laws require. A 2022 law (Acts of 2022, ch. 81, § 7) adds that information about applicants for and holders of this license is not a public record and may not be disclosed by the registrar except as federal law requires or as attorney general regulations authorize.
• New York: under Vehicle and Traffic Law § 201(12), apart from limited exceptions such as issuing a REAL ID license, the DMV may not give its records to an agency that primarily enforces immigration law, such as ICE or CBP, unless it is presented with a lawful court order or a judicial warrant signed by a federal judge appointed under Article III of the Constitution. If such an agency requests your information, the DMV must notify you within three days.
• Washington: RCW 43.17.425 requires the Department of Licensing, like other state agencies, to limit the information it collects from people and not to disclose it except as state or federal law permits or in listed cases such as a lawfully issued court order.
• Hawaii, Delaware and Rhode Island: their laws make information collected for these licenses confidential or not a public record.
• Virginia: the statute protects your documents and application, but allows other information about the card to be released to federal, state or local government agencies that need it for their official functions.

These rules vary from state to state and can change. If you have questions about your situation, talk to an immigration lawyer or an accredited representative before you apply.

Recent changes (2023 to 2026)

• 2023: Massachusetts (July 1), Minnesota (October 1) and Rhode Island (July 1) began applying their new laws.
• 2024: Illinois stopped issuing its old temporary visitor's driver's license (TVDL) and has offered a standard license since July 1, 2024. Colorado passed SB24-182, which removed the state tax return, two-year residency and Social Security number requirements and allowed home-country documents expired less than 10 years. The changes took effect March 31, 2025.
• 2025: Wyoming's law on out-of-state licenses took effect (July 1), and New Hampshire made certain out-of-state licenses invalid (September 30). Tennessee enacted a similar law in April. Florida amended its 2023 law on the same subject. The TSA stopped accepting non-REAL ID licenses on May 7.
• 2026: Tennessee's law on out-of-state licenses took effect on January 1. In Utah, H.B. 287 was introduced to end the driving privilege card as of May 6, 2026. The Utah Code in effect since that date still provides for the card.
• Coming up: California's law requires its DMV to also issue an identification card to people who cannot prove lawful presence, no later than July 1, 2027.

Where to get help

For the license itself, the main source is your state's motor vehicle agency; the table links an official source for each one. Be wary of anyone who charges to "get" you a license or offers you documents: our guide to notario fraud explains how to spot someone who is not authorized to give you legal advice.

If you have questions about your immigration situation, EOIR publishes a list of free legal service providers and a roster of recognized organizations and accredited representatives by state. For your rights in other situations, see our immigrant rights section and the guide on what to do if ICE comes to your door.

Disclaimer: This article provides general legal information about driver's licenses for people who cannot prove lawful presence in 19 states and the District of Columbia, and about the federal REAL ID rules, based on the statutes and official pages in effect as of September 25, 2026. It is not legal advice and is not a substitute for a review of your situation by a licensed attorney or an EOIR-accredited representative.

Frequently Asked Questions

Which states give driver's licenses to undocumented immigrants?

As of September 25, 2026, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington and the District of Columbia have laws that let residents drive with a license or card that does not require proof of lawful presence.

Can I use a matrícula consular to get a license?

In many of those states, yes. The laws or agencies of California, Colorado, Connecticut, Hawaii, Illinois, Massachusetts, Nevada, New Mexico, Vermont and Washington list a consular ID among accepted documents. Each state sets its own conditions, such as whether it must be unexpired.

Do I need a Social Security number?

Not in these programs, but each state asks for something else. Oregon and Washington accept a written statement that you do not have a number, New York an affidavit, New Jersey an ITIN or an affidavit, and Utah an ITIN.

Can I fly with this license?

No. Since May 7, 2025, the TSA does not accept licenses that are not REAL ID compliant. Its list of acceptable IDs includes a foreign government-issued passport.

Can I drive in another state with this license?

It depends on the state. Florida, New Hampshire, Tennessee and Wyoming have laws that treat certain out-of-state licenses as invalid inside their borders, and driving there on one can lead to a charge even if your license is valid at home. Wyoming's law covers any license another state issued to a person who is not a U.S. citizen and was not lawfully admitted to the United States. Before you travel, check the official licensing page of each state you will drive through.

Can I get a commercial driver's license (CDL)?

Not through these programs. The laws of California, Delaware, Maryland and Minnesota expressly say the program does not allow a commercial driver's license without meeting federal requirements.

Does the DMV give my information to immigration authorities?

It depends on the state. California, Colorado, Maryland, Massachusetts, Minnesota, New York and Washington have rules that limit sharing license information, including with immigration agencies. Virginia protects your documents and application but allows other information to be released to government agencies for their official functions.

Did Utah end its driving privilege card?

In 2026, H.B. 287 was introduced to end it as of May 6, 2026, but the Utah Code in effect since that date still provides for the card.