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States issue driver’s licenses under the constitutional authority of the 10th Amendment. Congress enacted REAL ID 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 (not to be used for federal identification purposes) and examples of limits or exceptions for legal immigrants’ licenses. This brief also outlines recent trends in introduced legislation as well as evaluates the arguments in support of and against providing licenses to undocumented residents.
Thirteen states and the District of Columbia enacted laws to allow unauthorized immigrants to obtain a driver’s licenses. These states—California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, New York, Nevada, Utah, Vermont and Washington—issue a license if an applicant provides certain documentation, such as a foreign birth certificate, a foreign passport, or a consular card and evidence of current residency in the state. Eight of these states extended driving privileges in 2013. In 2015, Delaware and Hawaii enacted legislation to give unauthorized immigrants driving privileges. In 2019, New York enacted the “Driver’s License Access and Privacy Act.” In 2013, Oregon enacted S833 that provided driver’s licenses for unauthorized immigrants. In 2014, voters approved ballot Measure 88 and suspended the law by 67 to 33 percent.
Proponents of extending driver’s licenses to immigrants argue that licensing undocumented residents will lead to fewer hit-and-runs, more trust between immigrants and police, and increased revenue for Departments of Motor Vehicles. Opponents of expanding driving privileges assert that granting licenses to undocumented residents reduces the incentive to follow immigration laws and would lead to increased voter fraud, ID fraud, and bank fraud.
In 2019, legislators in several states introduced legislation to provide driver’s licenses to undocumented residents including Florida, Kansas, Massachusetts, Minnesota, New Jersey, New York, North Carolina, and Texas. The Oregon House passed legislation in June 2019 which would provide licenses to undocumented residents.
Enacted Legislation
| 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.
|
1/1/2015
|
|
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.
|
8/1/2014
|
|
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
|
1/1/2015
|
|
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.
|
12/27/2015
|
|
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.
|
1/1/2016
|
|
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.
|
11/28/2013
|
|
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.
|
1/1/2014
|
|
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.
|
6/17/2019 |
|
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.
|
1/1/2014
|
|
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.
|
3/8/2005
|
|
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.
|
1/1/2014
|
|
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.
|
7/25/1993
|
|
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.
|
5/1/2014
|
Source: NCSL Immigrant Policy Project
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