Which states issue driver's licenses regardless of immigration status (2026): 19 states and DC do, 31 do not

Name: Driver's licenses regardless of immigration status by state (2026)
Creator: MigrantUSA
License: https://migrantusa.com/terms/

Whether each state issues a driver's license or driving card to eligible residents regardless of immigration status, all 50 states and DC, as of 2026. 19 states and DC do — from Washington (1993) to Minnesota (2023) — and 31 states do not; Puerto Rico also offers access. Compiled from the NCSL and NILC trackers, with the enabling law for each state. General procedural information, not legal advice — confirm requirements with your state DMV.

Which states issue a driver’s license regardless of immigration status

The finding: whether an undocumented resident can get a driver’s license is decided entirely at the state level, and the country is split. As of 2026, 19 states and the District of Columbia issue a standard driver’s license or driving card to otherwise-eligible residents without regard to immigration status. 31 states do not. Puerto Rico also offers access. Washington has done it the longest, since 1993; the most recent state to join was Minnesota, in 2023.

Every state — do they, or don’t they

Whether a state issues a driver's license (or driving card) to eligible residents regardless of immigration status, as of 2026. 20 jurisdictions (19 states and DC) do; 31 states do not. Requirements (documents, fees, whether it is REAL ID-compliant) vary — confirm with your state DMV. General information, not legal advice.

State	License regardless of status?	Enabling law
Washington	Yes — since 1993	HB 1444
New Mexico	Yes — since 2003	HB 173
Utah	Yes — since 2005	SB 227
Illinois	Yes — since 2012	SB 957
California	Yes — since 2013	AB 60
Colorado	Yes — since 2013	SB 251
Connecticut	Yes — since 2013	HB 6495
District of Columbia	Yes — since 2013	B 275
Maryland	Yes — since 2013	SB 715
Nevada	Yes — since 2013	SB 303
Vermont	Yes — since 2013	S 38
Delaware	Yes — since 2015	SB 59
Hawaii	Yes — since 2015	HB 1007
New Jersey	Yes — since 2019	A 4743
New York	Yes — since 2019	S 1747
Oregon	Yes — since 2019	HB 2015
Virginia	Yes — since 2020	HB 1211
Massachusetts	Yes — since 2022	HB 4805
Rhode Island	Yes — since 2022	S 2006
Minnesota	Yes — since 2023	HF 4
Alabama	No	—
Alaska	No	—
Arizona	No	—
Arkansas	No	—
Florida	No	—
Georgia	No	—
Idaho	No	—
Indiana	No	—
Iowa	No	—
Kansas	No	—
Kentucky	No	—
Louisiana	No	—
Maine	No	—
Michigan	No	—
Mississippi	No	—
Missouri	No	—
Montana	No	—
Nebraska	No	—
New Hampshire	No	—
North Carolina	No	—
North Dakota	No	—
Ohio	No	—
Oklahoma	No	—
Pennsylvania	No	—
South Carolina	No	—
South Dakota	No	—
Tennessee	No	—
Texas	No	—
West Virginia	No	—
Wisconsin	No	—
Wyoming	No	—

Sources: NCSL and NILC (table, Aug 2025). The year is when the law was enacted; Puerto Rico also issues licenses regardless of status (2013).

What the data shows

The country is split almost in thirds to two-thirds. 19 states and DC issue licenses regardless of status; 31 states do not. Access depends entirely on where you live.
It was a slow build, then a wave. Washington (1993), New Mexico (2003) and Utah (2005) were early and alone for years. Seven jurisdictions joined in 2013, and the rest came in 2019-2023. No new state has started since Minnesota in 2023 — recent legislation has amended existing programs rather than adding states.
A license is not a REAL ID. These are standard, non-REAL ID licenses. They make driving legal and serve as everyday ID within the state, but federal law keeps REAL ID cards for people with lawful status, so a standard license cannot by itself be used to board a domestic flight or enter certain federal buildings after the REAL ID enforcement date.

Why this matters

For a working adult, a driver’s license is the difference between a legal commute and a risk with every trip to work or school, and it is often the ID a bank, a pharmacy or a landlord asks for. In the 19 states and DC that issue them regardless of status, that door is open; in the 31 that do not, it is closed, and residents rely on other identification and on rides they cannot always control. This dataset is the map of where that line falls.

Two things it deliberately does not do. It does not track each state’s document list, fees, or residency requirements — those are set by each state’s motor-vehicle agency and change, so the page sends you to your state DMV for the current rules. And it does not give individualized legal advice: it is general procedural information about what each state’s law allows.

Method and caveats

This is a curated per-state list of whether each of the 50 states and DC issues a driver’s license or driving card to eligible residents regardless of immigration status, as of 2026, with the year the enabling law was enacted. It is cross-checked against the two authoritative trackers: the NCSL and NILC tables (NILC’s table updated August 2025).

Three limits are stated plainly. The “year” is the enactment year of the enabling law — a stable historical fact — not the date issuance began, which came later in some states. Requirements vary and change — accepted documents, fees, whether the card is REAL ID-compliant, and data-privacy protections differ by state; confirm current rules with your state DMV. And this is general information, not legal advice. Puerto Rico also issues licenses regardless of status (2013) and is noted but not counted among the 50 states and DC.

Download the data: license_access.json — all 50 states and DC, whether each issues a license regardless of status, and the enabling law.

Suggested citation: MigrantUSA, “Driver’s licenses regardless of immigration status by state, 2026,” https://migrantusa.com/datasets/driver-licenses-regardless-of-status-by-state/ (accessed [date]).

Newsrooms, worker centers, legal-aid and immigrant-services organizations: drop in the panel below. It shows how many states issue licenses regardless of status and the full list, and updates when the law changes.

<iframe src="https://migrantusa.com/embed/driver-license-access/" width="100%" height="520"
        style="border:1px solid #e2e8e4;border-radius:8px;max-width:640px"
        title="Driver's licenses regardless of immigration status by state" loading="lazy"></iframe>
<p style="font-size:12px">Source: <a href="https://migrantusa.com/datasets/driver-licenses-regardless-of-status-by-state/">MigrantUSA — driver's licenses by state</a></p>

Frequently asked questions

Which states issue a driver's license regardless of immigration status?

As of 2026, 19 states and the District of Columbia: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and DC. Puerto Rico also issues them. The other 31 states do not. The full table above shows each state and the year its law was enacted, from Washington in 1993 to Minnesota in 2023.

Can I use this license to board a plane or enter a federal building?

Usually not. A driver’s license issued regardless of immigration status is generally a ‘standard’ license, not a REAL ID-compliant one, because federal law reserves REAL ID cards for people with lawful status. A standard license lets you drive legally and is accepted for everyday identification in the state, but after the federal REAL ID enforcement date it cannot be used on its own to board a domestic flight or enter certain federal facilities. A passport or other federally accepted document is needed for those. Confirm what your state’s card can and cannot be used for with the state DMV.

What documents do I need to apply?

That varies by state, and this dataset does not track the document lists because they change. In general, these states accept proof of identity (often a valid foreign passport or a consular ID) and proof of state residency, and do not require a Social Security number. The exact accepted documents, fees, and any residency-length or test requirements are set by each state’s motor-vehicle agency. Check your state DMV’s page for its current list before you go.

Is my information shared with immigration authorities?

It depends on the state. Several of these states have laws that limit how motor-vehicle data can be shared, and others have fewer protections; the rules change. This is an area where a state’s own DMV and reputable legal-aid organizations are the right sources for current, specific information. This page does not give individualized advice on that question.

When did states start offering this?

Washington has issued licenses without a lawful-status requirement the longest, since a 1993 law. New Mexico (2003) and Utah (2005) followed. A large wave came in 2013 — California, Colorado, Connecticut, Maryland, Nevada, Vermont and DC — and more states joined through 2019-2023, most recently Minnesota in 2023. Recent activity in states already on the list has been amendments, not new states joining.

Can I reuse this data?

Yes. The JSON file is free to download and reuse, including commercially, with attribution to MigrantUSA and a link to this page. The underlying policy facts come from the public NCSL and NILC trackers; the per-state compilation and structuring are ours.

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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.