Many U.S. States, as part of their implementation of the “REAL ID Act”, require that foreign nationals residing in the United States provide proof of legal immigration status, in order to obtain a driver license.
States which currently DO NOT require such proof of legal immigration status, are: — (subject to change at any time)
1. California
2. Colorado
3. Connecticut
4. Delaware
5. Hawaii
6. Illinois
7. Maryland
8. New Jersey
9. New Mexico
10. New York
11. Nevada
12. Oregon
13. Utah
14. Vermont
15. Virginia
16. Washington
17. Washington D.C.
NOTE: It is very important to check with the State agency which issues driver licenses, in the particular state where you reside or wish to reside. Regulations can change frequently, as can the various forms of “acceptable documentation” requirements.
## FLORIDA-Specific Update ##
Driver’s licenses from five states are no longer valid in Florida under a new immigration law.
The crackdown on out-of state licenses is part of a larger immigraton legislation signed by Florida Gov. Ron DeSantis and that went into effect on July 1.
The bill prohibits the issuance of a driver license to anyone who does not provide proof of lawful presence in the U.S. and specifies that out-of-state driver licenses issued exclusively to undocumented immigrants are invalid in Florida.
Anyone presenting an invalid out-of-state driver license during a traffic stop will be subject to a citation for driving without a valid license.
The Florida Department of Highway Safety and Motor Vehicles published a list of out-of-state license classes that are invalid in Florida.
They include:
- Connecticut licenses that indicate “Not For Federal Identification”
- Delaware licenses that indicate “Driving Privilege Only” or “Not Valid for Identification”
- Hawaii licenses that indicate “Limited Purpose Driver’s License” or “Limited Purpose Instruction Permit” or “Limited Purpose Provisional Driver’s License” or “Not Valid for use for official Federal purposes”
- Rhode Island licenses that indicate “Not for Federal Identification” or “Driver Privilege Card” or “Driver Privilege Permit”
- Vermont licenses that indicate “Not for REAL ID Purposes Driver’s Privilege Card” or “Not for REAL ID Purposes Junior Driver’s Privilege Card” or “Not for REAL ID Purposes Learner’s Privilege Card”
The bill, SB 1718, also requires private companies with over 25 employees to use E-Verify, an online employment verification system, to prove the legal employment eligibility of workers.
Visit the Florida DMV / FHSMV website for Visitor-related information.
Edition date: 7 July 2023.