Can Undocumented Immigrants Obtain a Driver’s License in the U.S.?
Angelica Rice • May 20, 2022
Click here to read this article in Spanish
Many undocumented immigrants, or immigrants without status, wonder if they are able to get a United States driver’s license. Some states allow for this, while many states still do not, so whether or not you are able to get a driver's license without evidence of status depends on where you live. See below a brief guide to obtaining a non-immigrant driver’s license in the United States.
California is one of the few states that allows non-immigrants who are California residents, but who do not have status, to obtain a driver’s license. In California, this kind of license is called an AB-60 driver’s license. Under AB 60 (Chapter 524: Statutes of 2013), DMV issues a DL to applicants who are unable to provide proof of legal presence in the U.S., but can:
- Meet all other requirements to get a license.
- Provide satisfactory proof of identity and California residency.
Documents that a person applying for an AB-60 driver’s license must submit to the DMV include:
- Proof of identity, such as previously issued driver’s license or foreign passport OR two (2) of the following documents:
a. Foreign identification card and/or passport*;
b. School document that includes the person's date of birth;
c. Copies of any applications filed with USCIS or official USCIS Notices;
d. Federal Income tax return;
e. Marriage license and/or divorce decree
f. Birth certificate;
* Whether or not you can simply present your passport or need to present your passport and consular identification/national identification card, varies depending on what country you are from. For instance, Mexicans and Brazilians applying for an AB-60 driver’s license need to provide both their consular identification card and their passport in order to meet this requirement. As stated below, please consult the individual states DMV webpage to determine exactly what documents you will need and if there are any special requirements based on your country of citizenship.
For help with this, use this link: https://www.dmv.ca.gov/portal/assembly-bill-ab-60-wizard/
AND
- Proof of California Residency, which includes:
a. Lease agreement;
b. Deed or title to property;
c. Utility bills;
d. School documents;
e. Medical documents;
f. Employment documents;
g. Insurance documents;
h. IRS documents (i.e. Federal Income tax return);
i. Vehicle registration;
j. Bank statements.
See the California DMV webpage for additional details and a complete list of the documents needed to obtain this type of license, https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/assembly-bill-ab-60-driver-licenses/
Not all states allow an undocumented immigrant or person in the United States without status, to obtain a driver’s license. Some of the states that DO allow people who do not have proof of legal presence in the United States to obtain driver’s licenses include California, Colorado, Illinois, Hawaii, Delaware, Washington, New Mexico, Connecticut, Maryland, Nevada, Vermont, and Washington D.C. Additionally, different states offer different types of driving privileges. Some states only offer a restricted license, some states offer short term licenses only good for one (1) year, and some states allow non-immigrants to have a license that can also be used as a form of ID. Which one is available to you, depends again on the state in which you live. Every state has different requirements for obtaining a driver’s license, please consult the individual DMV webpages of each state in order to determine what documents you need to obtain a non-immigrant driver’s license and/or determine if your state offers such a driver’s license.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
On January 14, 2026, the Trump administration announced a freeze on immigrant visa issuance for nationals of 75 countries . The administration states that this “visa freeze” is intended to review security protocols, “reduce risks,” and control immigration flows. However, the immediate reality is that this change in policy has temporarily suspended visa processing and restricted travel for applicants from numerous countries across the globe. While the legal landscape surrounding these suspensions is highly fluid and subject to change, it is important to consider how this “visa freeze” might impact your current status or immigration plans. The scope of the restrictions varies drastically depending on your country of origin and specific visa category. Most notably, a nationality-based travel ban restricts visa issuance for 19 countries : Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. Beyond this targeted ban, a broader freeze affects applicants from a designated list of up to 75 countries, leading to indefinite delays for many visa petitions. However, it is important to note that immigrant visa applications first need to be processed through USCIS, which has not paused processing applications from the 75 countries. Thus, it is important to contact an attorney to understand at what point in the process this visa freeze may affect your case. While Brazil is included in the list of 75 countries, at the time of this publication, the freeze does not include non-immigrant visas for Brazil . Non-immigrant visas are granted to foreign nationals seeking to enter the United States on a temporary basis for specific purposes, such as tourism, studying, or temporary work. This means that Brazilian applicants can still safely pursue non-immigrant employment options, such as O visas for individuals with extraordinary ability or P visas for internationally recognized athletes, without being subjected to the current travel bans or suspensions. This alert is for informational purposes only and does not constitute legal advice. There are many changes and uncertainties, so please consult with a qualified attorney at Santos Lloyd Law Firm, P.C. to understand how these evolving policies might affect your specific case
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In recent weeks, the U.S. government has moved to terminate Temporary Protected Status (TPS) for multiple countries, sparking a wave of last-minute litigation and creating significant uncertainty for beneficiaries. This shift is having a profound impact on those who rely on TPS for lawful presence and work authorization in the United States. Across the country, federal courts have intervened to pause or block scheduled TPS terminations for several countries, including Burma (Myanmar), Ethiopia, Haiti, South Sudan, and Syria. In response to these court orders, USCIS has updated its webpages to indicate that TPS status and related Employment Authorization Documents (EADs) are extended for these populations. However, USCIS is intentionally not providing specific new end dates for EAD validity while the litigation remains in flux. The Department of Homeland Security (DHS) has prominently noted that it "vehemently disagrees" with these court orders and is actively working with the Department of Justice on next steps. This legal landscape remains highly unpredictable and varies drastically depending on the country of origin. For example, on February 9, 2026, the 9th Circuit Court of Appeals granted a stay allowing the government to proceed with the termination of TPS for Nicaragua, Honduras, and Nepal while the underlying legal challenges continue. Because of this ruling, the automatic extension of work authorization for these individuals has ended, and employers are now required to reverify the work authorization of affected employees, who must present alternative valid documentation to continue their employment. These rapid changes and the lack of clear end dates are causing complications beyond the workplace. Because driver's licenses often track the length of an individual's authorized stay, many DMVs are currently declining to issue or renew driver's licenses for impacted TPS populations. For employers, managing internal communications, avoiding onboarding errors, and navigating Form I-9 compliance has become increasingly complex. It is more important than ever to be well-prepared and proactive in monitoring these rapid changes. At Santos Lloyd Law Firm, P.C., our immigration attorneys are ready to guide you through this evolving process and ensure you are informed, and supported. Please contact us if you have questions or need assistance.
