![]() This law allows undocumented immigrants to take the driver’s skills test and receive a driver’s license. This law authorizes the issuance of drivers licenses to applicants even if they cannot provide proof of lawful presence or if they are uneligible for a social security number. The licenses are not valid for Federal identification purposes. New applicants must provide evidence that the applicant has filed two years of Maryland income tax returns or proof of residency or have been claimed as a dependent by an individual who has filed Maryland income tax returns. This law authorizes the issuance of driver’s licenses to those who do not have lawful status or a valid Social Security number. A valid, unexpired foreign passport or consular identification document from their country of citizenship are acceptable forms of identification. ![]() This law allows the Secretary of State to issue a temporary visitor's driver's license to an individual who has resided in Illinois for a specified time but is ineligible to obtain a Social Security number, and unable to prove lawful presence. Applicants must provide satisfactory proof of identity and Hawaii residency. This law authorizes the issuance of driver’s licenses to residents of Hawaii who cannot provide proof of authorized presence in the United States. The card is not considered a valid form of identification due to the applicant’s inability to prove legal presence in the U.S. ![]() A driving privilege card or permit applicant must provide the state with satisfactory documentary evidence and that the applicant has filed a Delaware income tax return or resided in Delaware and been claimed as a dependent by an individual who has filed a state income tax return for the preceding two years. This law creates the means for an undocumented immigrant to obtain a driving privilege card in Delaware. ![]() Applicants must file to legalize as soon as he or she is eligible This law provides driver's licenses to applicants who submit a valid foreign passport or consular identification and proof of residency, regardless of legal presence in the United States. This law allows individuals to qualify for a driver's license, instruction permit or identification card, despite the individual not being lawfully present or being only temporarily lawfully present in the United States if certain conditions are met, such as providing state tax returns. This law requires the Department of Motor Vehicles to issue driver's licenses to individuals who are ineligible for a Social Security number, if the required documentation is provided. In 2023, Minnesota became the most recent state to enact legislation allowing individuals to get driver’s licenses without proof of lawful presence (HB 4/SB 27). In the 2022 midterm election, Massachusetts voters were asked via ballot measure (Q4) whether the state should keep or repeal the new immigrant driver’s license law, and voters ultimately elected to uphold it. In addition to Rhode Island, the Massachusetts legislature overrode the Governor’s veto of their bill allowing those without proof of lawful presence to obtain driver’s licenses (SB 4822/HB 4805). In 2022, Rhode Island enacted legislation extending driver’s licenses and identification cards to those without proof of lawful presence (SB 2006/HB 7939). These states-California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia 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. Nineteen states and the District of Columbia have enacted laws to allow unauthorized immigrants to obtain driver’s licenses. This brief provides a summary of state legislation authorizing driver’s licenses or authorization cards for unauthorized immigrants. Congress enacted Real ID in 2005, creating standards for state-issued driver’s licenses, including evidence of lawful status. ![]() States issue driver’s licenses under the constitutional authority of the 10th Amendment. ![]()
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