THE LAW OFFICES OF MIRIAM B. RIEDMILLER 1819 L ST. NW STE 100 WASHINGTON, DC 20036
States Offering Driver’s Licenses to Immigrants
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).
Fifteen states and the District of Columbia have enacted laws to allow unauthorized immigrants to obtain driver’s licenses. These states—California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Utah, Vermont and Washington—issue a license if an applicant provides certain documentation, such as a foreign birth certificate, foreign passport, or consular card and evidence of current residency in the state.
In 2019, New Jersey, New York and Oregon became the most recent states to enact legislation extending driver’s licenses and identification cards to those without proof of lawful presence.