Can a Non Us Citizen Get a Driver's License California

States issue driver's licenses under the constitutional authority of the 10th Subpoena. Congress enacted Existent ID in 2005, creating standards for country-issued driver's licenses, including evidence of lawful status. This brief provides a summary of country legislation authorizing commuter'south licenses or dominance cards for unauthorized immigrants (not to be used for federal identification purposes).

Sixteen 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, Virginia and Washington—issue a license if an applicant provides certain documentation, such as a foreign birth certificate, strange passport, or consular carte and prove of current residency in the state.

In 2020, Virginia became the virtually recent country to enact legislation extending driver's licenses and identification cards to those without proof of lawful presence (HB 1211).

Enacted Legislation

Land	Neb	Twelvemonth Enacted	Summary	Effective Appointment
California	A 60	2013	This law requires the Section of Motor Vehicles to outcome driver's licenses to individuals who are ineligible for a Social Security number, if the required documentation is provided.	Jan. 1, 2015
Colorado	Due south 251	2013	This law allows individuals to qualify for a commuter's license, instruction let or identification card, despite the individual not existence lawfully present or being merely temporarily lawfully present in the United states if certain conditions are met, such as providing land tax returns.	Aug. 1, 2014
Connecticut	H 6495	2013	This police provides commuter's licenses to applicants who submit a valid strange passport or consular identification and proof of residency, regardless of legal presence in the U.s.. Applicants must file to legalize as shortly as he or she is eligible	Jan. 1, 2015
Delaware	Due south 59	2015	This law creates the means for an undocumented immigrant to obtain a driving privilege card in Delaware. A driving privilege carte or let applicant must provide the state with satisfactory documentary testify and that the applicant has filed a Delaware income revenue enhancement render or resided in Delaware and been claimed equally a dependent by an individual who has filed a state income revenue enhancement return for the preceding two years. The card is non considered a valid form of identification due to the applicant's disability to prove legal presence in the U.S.	Dec. 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.	Jan. i, 2016
Illinois	S 957	2012	This law allows the Secretary of State to issue a temporary visitor'due south driver'southward license to an private 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 strange passport or consular identification document from their state of citizenship are acceptable forms of identification.	Nov. 28, 2013
Maryland	Southward 715	2013	This police force authorizes the issuance of commuter's licenses to those who practice not have lawful status or a valid Social Security number.  New applicants must provide bear witness that the applicant has filed two years of Maryland income tax returns or proof of residency or have been claimed every bit a dependent by an individual who has filed Maryland income revenue enhancement returns.  The licenses are non valid for Federal identification purposes.	Jan. one, 2014
New Jersey	A4743	2019	This law creates a standard driver's license or identification that does not crave proof of lawful presence. The police force prohibits the motor vehicle commission from disclosing information to whatever federal, state or local constabulary enforcement bureau for clearing purposes without the consent of the individual, a warrant, courtroom order or subpoena, unless such brake is opposite to federal law. The commission may not retain copies of documents submitted to plant eligibility for a license or identification menu.	June 1, 2020
New Mexico	H 173	2003	This law allows the Section of Motor Vehicles to accept tax identification numbers as a substitute for a Social Security number regardless of immigration condition.	2003
New York	S 1747	2019	This law authorizes the Section of Motor Vehicles to event standard drivers' licenses and restricts what information can exist retained and given out on those applying or holding licenses.	June 17, 2019
New York	A3675	2019	This legislation allows for the issuance of a driver'south license to undocumented residents and protects the data of those applying for such privilege from unwarranted release. The Department of Motor Vehicles may not disclose records to any bureau that primarily enforces clearing police force without a lawful court order or judicial warrant. The law requires that any person or entity that has access to information from the department to certify that the information volition not exist used for civil immigration purposes. Awarding forms for not-commercial drivers' licenses and learners' permits which practice not encounter federal standards for identification may not state: the documents an applicant used to prove historic period or identity; an applicant's ineligibility for a social security number where applicable; or an applicant'south citizenship or immigration condition. A not-commercial commuter'due south license or learner's permit which does not meet federal standards for identification may non be used equally bear witness of a person's citizenship or immigration status, and may not exist the basis for investigating, arresting, or detaining a person. Such licenses must be visually identical to federal-purpose driver'due south licenses except that such licenses may state "Not for Federal Purposes".	Dec. 14, 2019
Nevada	S 303	2013	This constabulary creates a commuter's potency carte and allows applicants, regardless of legal condition, to provide birth certificates or passports issued by a foreign country equally proof of identity. This law as well prohibits the release of information relating to legal condition for purposes relating to the enforcement of immigration laws.	Jan. 1, 2014
Oregon	H2015	2019	This law eliminates the requirement that a person provide proof of legal presence before the Department of Transportation issues a noncommercial driver license, noncommercial driver let or identification card. Adequate documents to prove identity, appointment of birth or address when a person is applying for a driver license, driver permit or identification bill of fare that is not a Real ID, a commercial driver license, or a commercial learner driver let, include: (a) An unexpired valid passport from the person'due south country of citizenship; (b) An unexpired valid consular identification certificate issued past the consulate of the person's country of citizenship; (c) A commuter license, driver permit or identification card issued past Oregon that expired less than 13 years before the current awarding; or (d) A driver license, driver allow or identification bill of fare issued past another state that is unexpired or expired less than a yr before the current awarding.	Aug. 9, 2019
Utah	S 227	2005	This police force establishes a one-year driving privilege card for unauthorized immigrants.  Applicants without a Social Security number must testify Utah residency for half-dozen months and provide a tax identification number. The card is expressly prohibited from being used for any identification purposes by a governmental entity.	March 8, 2005
Vermont	South 38	2013	This law allows those Vermont residents unable to establish lawful presence in the United states of america to be eligible for a motor vehicle operator's privilege bill of fare or alternate identification bill of fare.	January. one, 2014
Virginia	HB 1211/SB 34	2020	This law creates a driving privilege carte du jour or allow for applicants who exercise not run across the requirements for a driver'south license or permit. The applicant must have reported income and deductions from Virginia sources, or been claimed every bit a dependent, on an individual income tax return filed in the preceding 12 months and may non be in violation of the insurance requirements. Applicants may non exist required to present proof of legal presence in the United States. A driver privilege bill of fare or permit will expire on the applicant's second birthday following the date of issuance. The front of a driver privilege card or permit must be identical in appearance to a driver'due south license or allow that is not a Real ID credential and the back of the menu or permit must be identical in appearance to the brake on the back of a express-elapsing license, permit or special identification bill of fare.	Jan. 1, 2021
Washington	H 1444	1993	This law allows drivers license applicants without Social Security numbers to provide alternate documentation to prove proof of residence in the state of Washington such as dwelling utility bills and tax identification numbers.	July 25, 1993
Commune of Columbia	B 275	2013	This law creates a limited purpose driver'due south 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.	May 1, 2014

Source: NCSL Immigrant Policy Projection

Boosted Resources

• NCSL Existent ID
• NCSL LegisBrief: Clearing Reform and State Trends
• NCSL Immigration Policy Projection
• NCSL Immigration Database

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Source: https://www.ncsl.org/research/immigration/states-offering-driver-s-licenses-to-immigrants.aspx