States worry driver’s licenses under the constitutional authority of the 10th Amendment. Congress enacted RealID in 2005, producing criteria for state-issued driver’s licenses, consisting of evidence of lawful status. This brief offers a review of state regulation authorizing driver’s licenses or authorization cards for unauthorized immigrants (not to be supplied for federal identification purposes).

Sixteenager states and the District of Columbia have actually enacted legislations to allow unauthorized immigrants to acquire driver’s licenses. These states—The golden state, Coloracarry out, Connecticut, Delmindful, Hawaii, Illinois, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Utah, Vermont, Virginiaand also Washington—worry a license if an applicant offers specific documentation, such as a foreign birth certificate,international passport, orconsular card and also evidence of present residency in the state.

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In 2020, Virginiabecame the many recent stateto enact regulation extending driver’s licenses and identification cards to those without proof of lawful presence (HB 1211).

Enacted Legislation

StateBillYear EnactedSummaryEffective Date

California

A 60

2013

This regulation calls for the Department of Motor Vehicles to problem driver's licenses to individuals that are ineligible for a Social Security number, if the forced documentation is provided.

Jan. 1, 2015

Colorado

S 251

2013

This legislation 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 specific problems are met, such as offering state taxes returns.

Aug. 1, 2014

Connecticut

H 6495

2013

This law offers driver's licenses to applicants that submit a valid foreign passport or consular identification and proof of residency, regardless of legal visibility in the United States. Applicants need to file to legalize as quickly as he or she is eligible

Jan. 1, 2015

Delaware

S 59

2015

This law creates the means for an unrecorded immigive to achieve a driving privilege card in Delmindful. A driving privilege card or permit applicant need to administer the state via satisfactory documentary evidence and also that the applicant has actually filed a Delmindful earnings taxes rerotate or resided in Delconscious and been asserted as a dependent by an individual that has filed a state income tax return for the coming before two years. The card is not taken into consideration a valid develop of identification because of the applicant’s inability to prove legal visibility in the U.S.

Dec. 27, 2015

Hawaii

H 1007

2015

This law authorizes the issuance of driver’s licenses to residents of Hawaii who cannot carry out proof of authorized presence in the USA. Applicants must carry out satismanufacturing facility proof of identity and Hawaii residency.

Jan. 1, 2016

Illinois

S 957

2012

This regulation allows the Secretary of State to issue a short-lived visitor's driver's license to an individual who has lived in Illinois for a stated time but is ineligible to achieve a Social Security number, and unable to prove lawful existence. A valid, unexpired foreign passport or consular identification document from their country of citizenship are acceptable creates of identification.

Nov. 28, 2013

Maryland

S 715

2013

This legislation authorizes the issuance of driver’s licenses to those who do not have lawful status or a valid Social Security number. New applicants must administer evidence that the applicant has filed two years of Maryland revenue tax returns or proof of residency or have actually been declared as a dependent by an individual that has actually filed Maryland also income taxation retransforms. The licenses are not valid for Federal identification objectives.

Jan. 1, 2014

New JerseyA47432019This legislation creates a typical driver's license or identification that does not call for proof of lawful presence. The legislation prohibits the motor auto commission from discshedding indevelopment to any type of federal, state or local legislation enforcement firm for immigration objectives without the consent out of the individual, a warrant, court order or subpoena, unmuch less such restriction is contrary to federal law. The commission may not retain duplicates of papers submitted to establish eligibility for a license or identification card.June 1, 2020

New Mexico

H 173

2003

This law enables the Department of Motor Vehicles to accept taxation identification numbers as a substitute for a Social Security number regardmuch less of immigration status.

2003

New YorkS 17472019

This legislation authorizes the Department of Motor Vehicles to issue typical drivers’ licenses and restricts what information deserve to be preserved and offered out on those using or holding licenses.

June 17, 2019
New YorkA36752019This regulation allows for the issuance of a driver's license to unrecorded inhabitants and protects the information of those applying for such privilege from unwarranted release. The Department of Motor Vehicles might not discshed documents to any type of agency that mostly enpressures immigration law without a lawful court order or judicial warrant. The law needs that any type of perchild or entity that has access to indevelopment from the department to certify that the information will not be supplied for civil immigration objectives. Application develops for non-commercial drivers' licenses and also learners' permits which do not accomplish federal criteria for identification may not state: the papers an applicant supplied to prove age or identity; an applicant's ineligibility for a social security number wbelow applicable; or an applicant's citizenship or immigration status. A non-commercial driver's license or learner's permit which does not meet federal standards for identification might not be provided as evidence of a person's citizenship or immigration standing, and might not be the basis for investigating, arrelaxing, or detaining a perchild. Such licenses have to be visually identical to federal-function driver's licenses except that such licenses may state "Not for Federal Purposes".Dec. 14, 2019

Nevada

S 303

2013

This law creates a driver’s authorization card and permits applicants, regardmuch less of legal status, to carry out birth certificates or passports issued by a international nation as proof of identification. This law additionally prohibits the release of information relating to legal standing for purposes relating to the enforcement of immigration regulations.

Jan. 1, 2014

OregonH20152019This law eliminates the requirement that a perboy provide proof of legal presence before the Department of Transportation worries a noncommercial driver license, noncommercial driver permit or identification card. Acceptable records to prove identity, day of birth or deal with when a perchild is applying for a driver license, driver permit or identification card that is not a Real ID, a commercial driver license, or a commercial learner driver permit, include: (a) An unexpired valid passport from the person’s country of citizenship; (b) An unexpired valid consular identification record issued by the consulate of the person’s country of citizenship; (c) A driver license, driver permit or identification card issued by Oregon that expired less than 13 years prior to the existing application; or (d) A driver license, driver permit or identification card issued by one more state that is unexpired or expired less than a year before the current application.Aug. 9, 2019

Utah

S 227

2005

This law develops a one-year driving privilege card for unauthorized immigrants. Applicants without a Social Security number should prove Utah residency for 6 months and also provide a taxes identification number. The card is specifically prohibited from being used for any identification functions by a governpsychological entity.

March 8, 2005

Vermont

S 38

2013

This regulation permits those Vermont citizens unable to create lawful presence in the United States to be eligible for a motor automobile operator's privilege card or alternate identification card.

Jan. 1, 2014

VirginiaHB 1211/SB 342020This regulation creates a driving privilege card or permit for applicants who carry out not satisfy the requirements for a driver's license or permit. The applicant need to have actually reported earnings and deductions from Virginia resources, or been claimed as a dependent, on an individual revenue taxation rerevolve filed in the preceding 12 months and might not be in violation of the insurance demands. Applicants might not be required to current proof of legal presence in the USA. A driver privilege card or permit will expire on the applicant's second birthday following the date of issuance. The front of a driver privilege card or permit need to be identical in appearance to a driver's license or permit that is not a REAL ID credential and also the earlier of the card or permit must be similar in appearance to the restriction on the ago of a limited-duration license, permit or unique identification card.Jan. 1, 2021

Washington

H 1444

1993

This legislation allows chauffeurs license applicants without Social Security numbers to provide different documentation to show proof of residence in the state of Washington such as home utility bills and also taxation identification numbers.

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July 25, 1993

District of Columbia

B 275

2013

This law creates a minimal objective driver's license, permit, or identification card for a District resident that has actually not been assigned a Social Security number or cannot create legal existence in the United States.