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A growing number of Republican-led US states are moving to restrict the use of driver’s licences issued to immigrants without legal status—raising concerns about the impact on interstate travel and legal compliance.
In Florida, it is now a misdemeanour to drive using a licence from another state that is marked as being issued to someone unlawfully present in the US. The rule targets specially marked licences from states like Connecticut and Delaware, where such permits are issued to undocumented immigrants who pass standard state driving tests, according to Associated Press.
“Welcome to Tennessee, illegal immigrants are not welcome,” said Tennessee House Majority Leader William Lamberth in a statement, backing a similar bill that has passed both state legislative chambers. The state’s Republican governor has said he will sign it into law.
States take different roads on licensing rules
The US government has set standards under the REAL ID Act—coming into enforcement on May 7—for licences accepted at airports and federal facilities. These require proof of citizenship or lawful immigration status, and compliant licences carry a star marking.
But states are still allowed to issue non-compliant licences. Some states, including California, issue standard-looking licences to undocumented immigrants, with no special markings. Others, like Connecticut and Delaware, label these licences separately.
Connecticut has issued nearly 60,700 “drive-only” licences, according to its Department of Motor Vehicles. Delaware has not released figures in response to media requests.
Florida became the first state to declare some of these out-of-state licences invalid in 2023. The law signed by Governor Ron DeSantis prohibits drivers from using licences “issued exclusively to undocumented immigrants”, with violations punishable by fines or even jail time.
More states consider similar restrictions
Tennessee and Wyoming have followed suit this year, and similar proposals have been introduced in several other Republican-majority states.
In Alabama, state senator Chris Elliott sponsored a bill invalidating licences issued to undocumented immigrants by other states.
“They should turn around and go somewhere else,” Elliott said, adding that the measure is intended to discourage undocumented immigration.
Frustrated by the legislation, Democratic state senator Linda Coleman-Madison proposed an amendment to add the policy to welcome signs at state borders. “We have people that come here for a lot of events — tourists, vacation, what have you — that could be caught in this. I think some of our laws are mean-spirited, and sometimes I think we just have to call it like it is,” she told the Associated Press.
Concerns for Indian immigrants
The changing rules have triggered uncertainty among Indian nationals, particularly those in California, where undocumented immigrants are currently allowed to obtain driver’s licences.
“Some US states are moving to restrict driver's licences for undocumented immigrants, raising concerns among Indian nationals in places like California, where such licences are currently permitted,” said Ketan Mukhija, senior partner at Burgeon Law, speaking to Business Standard.
“Immigrants, particularly those on F-1 or H-1B visas, must meet specific documentation and residency requirements, which vary by state, to obtain or renew licences,” Mukhija said.
He added, “Proposed restrictions could complicate matters for individuals with pending asylum, DACA, or TPS applications, especially during periods of uncertain legal status. Driving beyond the allowed period on a foreign licence or IDP may result in penalties, insurance issues, or immigration consequences.”
With state laws shifting, the ability of immigrants to drive legally across state lines now depends not just on their visa status, but also on which state issued their licence—and where they happen to be pulled over.
