STATES OFFERING DRIVER’S LICENSES TO IMMIGRANTS


Gilberto Mendoza
11/30/2016


States issue driver’s licenses under the constitutional authority of the Tenth Amendment.

Congress enacted REAL ID in 2005 creating standards for state-issued driver’s licenses, including evidence of lawful status. Effective Jan. 22, 2018, driver's licenses issued by states that are not compliant with REAL ID or haven't been granted an extension can't be used to fly in the United States. This brief summarizes state legislation authorizing driver’s licenses or authorization cards for unauthorized immigrants (not to be used for federal identification purposes) and examples of limits or exceptions for legal immigrants’ licenses.

Twelve states and the District of Columbia enacted laws to allow unauthorized immigrants to obtain a driver’s licenses. These states—California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Mexico, Utah, Vermont and Washington—issue a license if an applicant provides certain documentation, such as a foreign birth certificate, a foreign passport, or a consular card and evidence of current residency in the state. Oregon enacted S833 that provided driver’s licenses for unauthorized immigrants in 2013, but the following year voters approved ballot Measure 88 that suspended the law by 67 to 33 percent.

http://www.ncsl.org/research/immigra...mmigrants.aspx