As drivers in the United States traverse state borders, they are often greeted by large welcome signs. However, not all motorists receive a warm welcome in every state. Those holding special driver’s licenses from certain states, issued to individuals in the country without residency permits, face restrictions in states like Florida. The governor of Wyoming recently enacted a similar ban, and the governor of Tennessee has pledged to sign comparable legislation that has reached his desk.
Although not explicitly stated on signs, the message is clear: certain states are unwelcoming to undocumented immigrants. In line with President Donald Trump’s intensified measures against illegal immigration, Republican legislators in many states are pushing for laws targeting individuals without legal authorization to reside in the U.S. These measures stand in contrast to the policies of 19 other states and Washington, D.C., where driver’s licenses are issued regardless of residents’ legal residency status.
The federal government is attempting to overturn one such law in New York, which protects driver’s license data from federal immigration authorities. Meanwhile, states are taking markedly different approaches to driver authorization, even as federal efforts aim to standardize the process. Starting May 7, the U.S. will enforce a law, passed two decades ago, establishing national standards for state-issued driver’s licenses as valid identification for accessing certain federal facilities or traveling on domestic commercial flights. REAL ID-compliant licenses, marked with a star, require applicants to provide a Social Security number and proof of U.S. citizenship or legal residency.
Despite federal regulations, states retain the freedom to issue driver’s licenses to residents who do not provide documentation for a REAL ID, provided they meet other state requirements, such as passing a vision test or a traffic rules exam. In most states that issue licenses to individuals without residency permits, there is no immediate way to discern from the license whether the individual is undocumented or has opted not to apply for a REAL ID. However, states like Connecticut and Delaware place special markers on licenses issued to undocumented immigrants.
In 2023, Florida became the first state to invalidate licenses from other states that issue them exclusively to undocumented immigrants. A law signed by Republican Governor Ron DeSantis makes it a misdemeanor, punishable by a fine and possible jail time, to drive in Florida with a license marked for undocumented immigrants. The law’s reach is limited, as only specially marked licenses from Connecticut and Delaware are deemed invalid according to the Florida Department of Highway Safety and Motor Vehicles.
Connecticut has issued nearly 60,700 “drive-only” licenses to immigrants unable to prove legal presence. Delaware has not responded to a request for data. In an effort to counter Florida’s ban, Connecticut’s Democratic Governor Ned Lamont proposed removing special license designations for undocumented immigrants, offering them the same type of license as others lacking a REAL ID. However, the proposal never reached a vote.
In addition to Wyoming and Tennessee, at least half a dozen other Republican-led states have considered legislation this year to invalidate certain out-of-state driver’s licenses issued to undocumented immigrants. Such legislation passed at least one chamber in Alabama, Montana, and New Hampshire and was proposed in North Dakota, Oklahoma, and South Carolina.
State Senator Chris Elliott, the sponsor of Alabama’s bill awaiting House consideration, stated the intent to discourage undocumented immigrants from coming to or staying in Alabama. In response to the legislation, Democratic State Senator Linda Coleman-Madison of Alabama added an amendment requiring welcome signs on highways to include a notice about prohibited driver’s licenses, emphasizing the need to inform visitors.
This legislative focus on driver’s licenses reflects a broader trend of states engaging in federal immigration enforcement. While it’s uncertain how far these laws will go, immigrant advocates in Florida have expressed concern, noting that some undocumented individuals have specifically sought licenses in states where they are legal.
California is among the states allowing undocumented immigrants to obtain driver’s licenses. Trump’s immigration policies have created anxiety and fear, according to Robert Perkins, a Los Angeles-area lawyer assisting immigrants in obtaining legal status. Even those with California licenses fear traveling elsewhere.