As motorists travel across U.S. highways, state borders are often marked by prominent “Welcome to…” signs. However, not all drivers find a warm reception in every state. In Florida, drivers with specific out-of-state licenses issued to individuals living in the U.S. without legal permission face restrictions. This year, Wyoming’s governor introduced a similar ban, and Tennessee’s governor has indicated plans to sign comparable legislation. The underlying message is unmistakable: immigrants without official status are not welcome.
Amid President Donald Trump’s intensified focus on curbing illegal immigration, Republican legislators across many states are championing new laws aimed at those without legal status. This movement stands in contrast to the policies of 19 states and Washington, D.C., which provide driver’s licenses regardless of residents’ legal status. The Justice Department is currently attempting to overturn a New York law that protects its license data from federal immigration authorities.
States have adopted differing strategies concerning driver’s licenses, despite federal efforts to standardize the process. Starting May 7, a law enacted two decades ago will enforce national criteria for state driver’s licenses to serve as identification for adults accessing certain federal facilities or domestic flights. Licenses compliant with the REAL ID Act feature a star and require applicants to submit a Social Security number and proof of U.S. citizenship or legal residency.
Nevertheless, states retain the authority to issue licenses to individuals who do not qualify for a REAL ID, provided they meet other state requirements like passing a vision or driving test. In most states that provide licenses to undocumented immigrants, the licenses do not visibly indicate the holder’s legal status. However, some states, such as Connecticut and Delaware, use special markings on licenses issued to immigrants residing in the U.S. illegally.
In 2023, Florida took the unprecedented step of invalidating certain out-of-state licenses. A law signed by Republican Governor Ron DeSantis makes it a misdemeanor, subject to fines and potential jail time, to drive with licenses specifically designated for undocumented immigrants or marked as lacking proof of lawful presence. This law currently impacts only marked licenses from Connecticut and Delaware, as noted by the Florida Department of Highway Safety and Motor Vehicles.
Connecticut has distributed nearly 60,700 “drive-only” licenses to immigrants unable to verify their lawful presence. Delaware has yet to respond to requests for similar data. In an attempt to circumvent Florida’s restrictions, Democratic Connecticut Governor Ned Lamont suggested eliminating the special designation for immigrants’ licenses, proposing to issue the same type of licenses as those without a REAL ID. However, the proposal did not reach a vote.
Besides Wyoming and Tennessee, at least six other Republican-led states have considered legislation this year to nullify certain out-of-state licenses issued to immigrants residing illegally in the U.S. Such legislation has progressed in at least one legislative chamber in Alabama, Montana, and New Hampshire, and has been proposed in North Dakota, Oklahoma, and South Carolina.
State Senator Chris Elliott of Alabama, who sponsored the bill awaiting consideration in the House, expressed a desire to deter illegal immigrants from residing in Alabama. Democratic Alabama State Senator Linda Coleman-Madison suggested an amendment requiring highway signs to inform drivers about the license restrictions, noting the potential impact on tourists and visitors.
This legislative push is one facet of a broader trend of states engaging in federal immigration matters, according to Kathleen Campbell Walker, an immigration attorney based in El Paso, Texas. While the enforcement of such laws remains uncertain, concerns persist among immigrant advocates in Florida. Jeannie Economos of the Farmworker Association of Florida highlighted that some undocumented individuals have sought licenses in states where they are permissible to enable driving in Florida.
California remains a state where undocumented immigrants can obtain driver’s licenses. However, the heightened focus on immigration policies under the current administration has fostered anxiety among immigrants, even those possessing valid licenses.