Featured News 2016 Can Unauthorized Immigrants Obtain a Driver’s License?

Can Unauthorized Immigrants Obtain a Driver’s License?

The United States is a big place and there are many states, such as California and Texas where everything is so spread out, it's nearly impossible to live in the state without a valid driver's license and a vehicle. That said, immigrants in the U.S. often find themselves wondering, "Can I obtain a driver's license so I can drive?"

In some states, it is possible providing certain documentation is provided by the immigrant.

According to the National Conference of State Legislatures (NCSL), the states issue driver's licenses under the Tenth Amendment. In 2005, Congress enacted what is called REAL ID, which created standards for driver's licenses issued by the states, and this included licenses to immigrants with lawful status.

Driver's Licenses for Unauthorized Immigrants

Currently, a dozen states and the District of Columbia have established laws that make it so unauthorized immigrants can obtain a driver's license. These states, include:

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Hawaii
  • Illinois
  • Maryland
  • New Mexico
  • Nevada
  • Utah
  • Vermont
  • Washington

The above 12 states will issue a driver's license to an unauthorized immigrant if he or she provides the proper documentation, such as a foreign passport or birth certificate, or a consular card along with evidence of their current residential address.

Under California law for example, the Department of Motor Vehicles is required to issue a driver's license to an individual who is not eligible for a Social Security number, providing the individual is able to supply the required documentation.

In Colorado, an unauthorized immigrant can qualify for an identification card, instruction permit, or driver's license if they are an illegal immigrant, or lawfully present in the U.S. for a temporary period of time, providing the individual meets certain conditions, such as supplying state tax returns.

If you have further questions about obtaining a driver's license, contact an immigration attorney for help!

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