Several Republican-led U.S. states have begun to invalidate driver’s licenses issued by other jurisdictions to undocumented immigrants. The new laws prevent these documents, valid in the issuing states, from being used in states that have enacted restrictions, creating a legally uncertain environment for thousands of drivers.
Florida, Wyoming and Tennessee have passed laws banning the use of licenses issued to undocumented individuals by other states. The measures are part of a broader pattern of tightening state immigration policies, alongside federal provisions like the REAL ID Act, which takes effect in May.
These actions have sparked debate among lawmakers, legal experts, and community organizations, who warn about the effects of these rules on mobility and access to basic services for individuals without legal status. They also highlight the divide between states that issue licenses without requiring proof of immigration status and those that now reject their validity.
Which states ban driver’s licenses for undocumented immigrants
According to AP, Florida was the first state to invalidate such licenses in 2023. The law SB 1718, signed by Governor Ron DeSantis, establishes that driving with a license issued exclusively to undocumented immigrants constitutes a misdemeanor, punishable by fines or imprisonment. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) specified that licenses marked from Connecticut and Delaware are considered invalid.
In Wyoming, the state legislature passed Law HB0116, enacted in February 2025. This law states that licenses issued by other states to individuals without legal authorization are invalid for driving within the state. The legal text is available on the official Wyoming legislature website.
Tennessee followed with the approval of Bill HB 749, pending the governor’s signature. The law instructs authorities to maintain a public list of licenses issued by other jurisdictions to undocumented immigrants that will not be valid in Tennessee. During debates, Republican lawmaker William Lamberth stated that the law sends a clear message about the state’s stance.
Which states allow driver’s licenses without requiring immigration status
Unlike these states, 19 states and the District of Columbia allow the issuance of driver’s licenses without requiring proof of legal immigration status. These licenses can be used within the issuing state if the holder meets requirements such as driving and vision tests.
Connecticut has issued since 2015 a license called “Drive Only”, intended for individuals without legal status. This document has a visible mark distinguishing it and does not comply with the REAL ID standards. The information is available on the official Connecticut Department of Motor Vehicles portal.
Delaware issues the “Driving Privilege Card” (DPC) under similar conditions. Applicants must present state tax documentation and undergo a background check conducted by the State Identification Bureau. This process is detailed on the Delaware State Police website.
What the REAL ID Act says about driver’s licenses in the US
The REAL ID Act, passed in 2005, takes full effect on May 7, 2025. It sets minimum requirements for licenses to be accepted as identification at federal facilities and for commercial flights. To obtain a REAL ID, applicants must present proof of citizenship or legal residency, as well as a Social Security number.
However, states retain the autonomy to issue licenses that do not meet these standards, as long as they are not used for federal identification purposes. This provision allows some states to continue issuing documents to undocumented individuals.
What the Department of Justice says about state laws
In New York, the U.S. Department of Justice filed a lawsuit against a state law that prevents sharing license data with federal immigration agencies. The law aims to protect undocumented residents from potential deportation proceedings.
Additionally, other states like Alabama, Montana, and New Hampshire have passed similar initiatives in at least one legislative chamber. In North Dakota, Oklahoma, and South Carolina, bills with the same objective have also been introduced.
How this legislation affects undocumented immigrants
Organizations like the Florida Farmworkers Association have warned that these laws affect individuals who traveled to other states to obtain valid licenses and now face potential penalties for using them in their state of residence, creating legal uncertainty.
In California, where licenses issued to undocumented immigrants do not have visible marks, immigration attorneys say their clients fear traveling outside the state. Despite having locally valid documents, they worry about being detained in states with restrictive policies.
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