How Many States Issue Driver's Licenses to Undocumented Immigrants in 2026?

Last updated: October 22, 2026
By ITINWorks Team

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?

As of 2026, 19 states plus Washington D.C. allow undocumented immigrants to get a driver's license regardless of immigration status. The list includes California, Colorado, Connecticut, Illinois, Maryland, New Jersey, New York, and Washington. The table below shows each state, the law that authorized it, and the year it took effect.

All 20 jurisdictions issue licenses that are federally non-compliant. They are valid for driving, and in most of these states for state-level ID (not in Connecticut, Delaware, Nevada or Utah), but they cannot be used to board domestic flights or enter federal buildings.

What Does "Federal Limits Apply" Mean on These Licenses?

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 in your home state — check other states' rules before driving there
• Show a valid license at a traffic stop; state law in many of these jurisdictions limits DMV sharing with immigration authorities (Utah is an exception: its fingerprints go to the state crime bureau, which notifies ICE of criminal history or warrants)
• 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 (not in Connecticut, Delaware, Nevada or Utah, whose cards are not valid for identification)
• Rent a car at most agencies

You cannot use these licenses to:

• Board a domestic flight (you need a passport or REAL ID) — see can you fly with an ITIN?
• 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, when House Bill 173 let applicants use an ITIN instead of an SSN. 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 2023, 16 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.

What Do I Need to Apply for a Driver's License as an Undocumented Immigrant?

Across the 19 states, the common pattern is proof of identity such as a foreign passport or consular ID, proof of state residency, and in many states a tax ID like an ITIN. Maryland, Delaware, Virginia, and Rhode Island also require proof of state tax filing. Hawaii asks only for proof of name, birth date, and residence. The usual documents:

• 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; how recent they must be varies by state)
• Tax ID number — an ITIN in many states; check your state's page for its exact rule
• 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. We have dedicated guides for 8 of them, covering alternative ID options, whether out-of-state licenses are honored there, 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
• Wyoming: what your options are

In most of these states, a valid foreign license works for lawful short-term visitors, and an International Driving Permit (IDP) only translates it. Wyoming, Florida and Tennessee also void some or all out-of-state licenses issued to undocumented immigrants. 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.

Can Undocumented Immigrants Get a Driver's License in the US by State?

Yes — 19 states plus Washington D.C. allow undocumented immigrants to get a driver's license in 2026. These states issue standard licenses using alternative documents like an ITIN, foreign passport, or matricula consular instead of an SSN. The other 31 states do not issue licenses to undocumented residents, though some accept an ITIN for state ID purposes only.

Eligibility, required documents, and license restrictions vary by state. See the full state-by-state list above or go directly to your state's guide for the exact requirements.

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