Driver’s Licenses & Immigration Status: What You Need to Know
REAL ID Act & Immigration Status
Many U.S. states require foreign nationals to show proof of legal immigration status to obtain a driver’s license, as part of implementing the federal REAL ID Act.
However, some states currently allow undocumented immigrants or foreign nationals without lawful status to obtain a license or driving privilege card — though this is subject to change at any time.
States That Do Not Require Proof of Legal Immigration Status (as of now)
The following 17 jurisdictions offer driver’s licenses or driving privilege cards without requiring proof of lawful immigration status:
- California
- Colorado
- Connecticut
- Delaware
- Hawaii
- Illinois
- Maryland
- New Jersey
- New Mexico
- New York
- Nevada
- Oregon
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
Important: These policies may change. Always check directly with your state’s Department of Motor Vehicles (DMV) or equivalent licensing agency for the latest rules and accepted documentation.
FLORIDA-Specific Update: Out-of-State Licenses
As of July 1, 2023, Florida no longer recognizes certain out-of-state driver’s licenses issued to undocumented immigrants.
Under the state’s new immigration law (SB 1718), driver’s licenses from other states that are issued without proof of lawful presence are not valid in Florida.
What This Means:
- If you present an invalid out-of-state license during a traffic stop in Florida, you can be cited for driving without a valid license.
- Florida law now requires all driver’s license applicants to show proof of lawful immigration status.
List of Invalid License Types in Florida
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has listed the following out-of-state licenses as invalid in Florida:
- Connecticut: Licenses marked “Not For Federal Identification”
- Delaware: “Driving Privilege Only” or “Not Valid for Identification”
- Hawaii:
- “Limited Purpose Driver’s License”
- “Limited Purpose Instruction Permit”
- “Limited Purpose Provisional Driver’s License”
- “Not Valid for Use for Official Federal Purposes”
- Rhode Island:
- “Not for Federal Identification”
- “Driver Privilege Card”
- “Driver Privilege Permit”
- Vermont:
- “Not for REAL ID Purposes Driver’s Privilege Card”
- “Junior Driver’s Privilege Card”
- “Learner’s Privilege Card”
Additional Requirement: E-Verify for Employers
As part of SB 1718, private employers in Florida with 25 or more employees must now use the E-Verify system to confirm that new hires are authorized to work in the U.S.
This law increases enforcement of employment eligibility verification throughout the state.
Resources
- Visit the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) for more information on driver’s licenses and visitor requirements.
- For legal questions about immigration status and driver’s licenses, contact me for a consultation.
Last Revision: March 2025.