Quick Answer
As of 2026, 19 U.S. states plus Washington D.C. issue driver's licenses to undocumented immigrants regardless of immigration status: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, and Washington — plus Washington D.C. All issue federally non-compliant licenses — see DHS REAL ID requirements — not valid for flights or federal buildings.
How Many States Allow Undocumented Immigrants to Get a Driver's License?
This page is the running 2026 reference. Each state below has the year its law took effect, the type of license issued, and a link to the dedicated state guide with the documents you need to bring.
Which States Allow Undocumented Immigrants to Get a Driver's License?
| State | Law / Bill | Year in Effect | License Type |
|---|---|---|---|
| California | AB 60 | 2015 | Federal Limits Apply |
| Colorado | SB 13-251 | 2014 | Not for Federal ID |
| Connecticut | SB 1343 | 2015 | Drive Only |
| Delaware | HB 225 | 2016 | Driving Privilege Card |
| Hawaii | HB 1007 | 2016 | Limited Purpose |
| Illinois | SB 957 | 2013 | Temporary Visitor DL |
| Maryland | SB 715 | 2013 | Federal Limits Apply |
| Massachusetts | Work and Family Mobility Act | 2023 | Standard (no REAL ID) |
| Minnesota | HF 4 (Driver's Licenses for All) | 2023 | Standard (no REAL ID) |
| Nevada | AB 176 | 2014 | Driver Authorization Card |
| New Jersey | A4743 | 2021 | Standard Basic License |
| New Mexico | SB 582 | 2003 | Driving Authorization Card |
| New York | Green Light NY | 2019 | Standard (not for federal use) |
| Oregon | SB 558 (HB 2015) | 2021 | Driver License |
| Rhode Island | Driving Privilege Card Act | 2023 | Driving Privilege Card |
| Utah | HB 109 | 2005 | Driving Privilege Card |
| Vermont | S 38 | 2014 | Driver's Privilege Card |
| Virginia | HB 1211 / SB 34 | 2021 | Driver Privilege Card |
| Washington | Existing law, no SSN required | 1993 | Standard (not REAL ID) |
| Washington D.C. | DC Law 20-48 | 2014 | Limited Purpose DL |
All 20 jurisdictions issue licenses that are federally non-compliant. They are valid for driving and most state-level ID purposes, but they cannot be used to board domestic flights or enter federal buildings.
What "Federal Limits Apply" Means
After the federal REAL ID Act of 2005, states had to choose: issue REAL ID-compliant licenses (which require proof of lawful presence), issue non-compliant licenses (which do not), or both. The 19 states + D.C. on this list issue non-compliant licenses to residents who cannot prove lawful presence.
These licenses are marked with language like "Federal Limits Apply," "Not for Federal ID," or "Driving Privilege Only." You can use them to:
- Drive legally within and outside your home state
- Get pulled over without an automatic immigration referral (state law in most of these jurisdictions limits when DMV records can be shared with federal immigration authorities)
- Open a bank account at most major banks (Chase, Wells Fargo, Bank of America, Capital One)
- Verify your identity at hospitals, libraries, schools, courts, and most government offices
- Rent a car at most agencies
You cannot use these licenses to:
- Board a domestic flight (you need a passport or REAL ID)
- Enter a federal courthouse, military base, or other federal facility
- Apply for federal benefits that require lawful presence
When Did Each State Pass Its Driver's License Law for Undocumented Residents?
The first state to allow undocumented immigrants to get a driver's license was New Mexico in 2003, under SB 582. Utah followed in 2005. Then there was a long gap until California's AB 60 passed in 2013 and took effect in 2015 — that started the modern wave.
Between 2013 and 2025, 17 more states and Washington D.C. passed similar laws. The most recent additions are Minnesota (October 2023), Massachusetts (July 2023), and Rhode Island (July 2023). For a current list maintained by the National Conference of State Legislatures, see NCSL's state tracker.
Pending legislation as of 2026
Michigan and Pennsylvania each have active bills under consideration that would join this list. Florida and Texas previously had similar bills introduced but those did not advance. New Hampshire and Wisconsin have ongoing advocacy campaigns. None of these have passed at the time of writing.
What Do I Need to Apply for a Driver's License as an Undocumented Immigrant?
Each state has slightly different document requirements, but the common pattern is:
- Identity — a foreign passport (current or expired up to 1 year), consular ID (Mexican Matrícula Consular, Guatemalan, etc.), or birth certificate
- State residency — utility bills, lease agreement, school records, mortgage statement (typically 2 documents from the last 90 days)
- Tax ID number — an ITIN (or, in a few states, a sworn affidavit if you do not have one)
- Proof you live in the state for a minimum period, varying from 30 days to 12 months
For exact document requirements in your state, see the dedicated state guide:
- California documents
- New York documents
- Illinois documents
- New Jersey documents
- Massachusetts documents
- All 19 states + D.C.
What If My State Is Not on the List?
The remaining 31 states do not currently issue driver's licenses to people who cannot prove lawful presence. For the larger-population states, we have dedicated guides covering alternative ID options and what to do in the meantime:
- Texas: what your options are
- Florida: what your options are
- Arizona: what your options are
- Georgia: what your options are
- North Carolina: what your options are
- Pennsylvania: what your options are
- Tennessee: what your options are
In all of these states, a foreign driver's license is generally valid for short-term visitors, and an International Driving Permit (IDP) issued in your home country can extend that period. Long-term undocumented residents typically need to either move to a state on the list above or rely on alternate ID such as a consular ID or foreign passport.
Frequently Asked Questions
How many U.S. states issue driver's licenses to undocumented immigrants in 2026?
19 states plus Washington D.C. — that is 20 jurisdictions total. They are: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and Washington D.C.
Can undocumented immigrants get a REAL ID driver's license?
No. Licenses issued under these state laws are marked "Federal Limits Apply" or similar. They cannot be used to board domestic flights or enter federal buildings. They are valid for driving and most other forms of state-level identification.
Which state was first?
New Mexico was first, passing SB 582 in 2003. Utah followed in 2005. The next 18 jurisdictions all passed laws between 2013 and 2023.
Which states added access most recently?
Minnesota (October 2023), Massachusetts (July 2023), and Rhode Island (July 2023) were the most recent additions. Michigan and Pennsylvania have pending legislation as of 2026 but have not passed.
Does an ITIN qualify me for a license in these states?
Yes in most of them. An ITIN is one of the accepted tax-ID numbers used to verify identity, alongside a foreign passport or consular ID. Some states (like New Mexico) allow a sworn affidavit if you do not have an ITIN. Each state's exact requirements are linked from the table above.
Does this license allow me to vote?
No. A driver's license is not a voter registration. Voting in U.S. elections requires U.S. citizenship. Some of these states automatically register eligible voters at the DMV, but the system specifically excludes applicants whose status indicates they are not citizens. Holding one of these licenses does not register you to vote and does not put you at risk of being mistakenly added to voter rolls.