Can Undocumented Immigrants Get a Real ID

In accordance with the REAL ID Act, a REAL ID is a driver’s license identification card (ID Card) issued by a state that has been certified by the Department of Homeland Security (DHS). You can use your driver’s license or ID card to:

Access certain federal facilities
Board domestic commercial aircrafts
Gain access to secured buildings (e.g., nuclear power plant)

The REAL ID Act establishes the minimum standards for issuing identity cards and driver’s licenses. It prevents federal agencies from accepting licenses or identification that fall below those standards. Therefore, you would need to present a REAL ID-compliant license or other acceptable documents that will enable you to gain access to a federally regulated facility by May 7, 2025.

How Do REAL IDs Look?

Regardless of the individual’s identity, each REAL ID is unique to the state and includes the following information:

The individual’s full legal name
Date of birth
Gender
Unique driver’s license or identification card number
Full facial digital photograph
Physical security features
A machine-readable technology on the back of the card
Date of transaction
Expiration date
State or territory of issuance

A star is typically found on the upper portion of compliant REAL ID cards (either gold or black). A person’s immigration status is not disclosed on their ID cards. If you are unsure whether you have a compliant ID, contact your state’s driver’s license agency.

Who Can Get a REAL ID?

To be eligible for a REAL ID driver’s license or ID card, you would need to provide more documentation than you usually would when obtaining a standard driver’s license, including:

An identity document such as a valid passport or US birth certificate
Two proofs of your address of principal residence e.g. a bank statement or utility bill
Social Security Number (e.g., Social Security card)
The original or certified copy of a name change document, such as a divorce decree or marriage certificate (if necessary)

The REAL ID Modernization Act removed the requirement for individuals to present a separate Social Security document when applying for their REAL ID. However, states must collect and retain the number to verify it with the Social Security administration.

To prove their residence in a state, US citizens may present the following documents:

A valid US passport/passport card
The original or certified copy of a US birth certificate
A certificate of Naturalization or US Citizenship
A US Certificate of Birth Abroad

For non-US citizens to demonstrate lawful residence, they must present one of the following documents:

An unexpired foreign passport with a valid US visa and an approved I-94 form
A valid permanent resident card (green card)
A valid expired permanent resident card with a notice of action (Form I-797 C) or approval notice (Form I-797)
A valid unexpired employment authorization document (EAD) card (I-766) or valid/expired EAD card with Form I-797 C.
An unexpired foreign passport with an I-551 stamp.
Documents reflecting temporary protected status (TPS) benefit eligibility.

Can You Obtain a Driver's License If You Are Undocumented?

Each State has rules and processes regarding an immigrant obtaining a driver’s license. However, some states are flexible and allow undocumented individuals to get their licenses. These include California, Delaware, New Mexico, Washington, Connecticut, Colorado, and Illinois.

Depending on your state, the Department of Motor Vehicles (DMV) may require you to supply a valid foreign passport, a foreign birth certificate, proof of your residency, proof of your Social Security, proof of your tax returns, and a foreign driver’s license before issuing you a license.

Can Undocumented Immigrants Get a REAL ID in the US?

A REAL ID may not be available to immigrants with limited or no documentation. REAL IDs can only be issued to non-US citizens with legal presence in the US. Additionally, states that offer standard driver’s licenses to undocumented immigrants cannot issue them a REAL ID.

Undocumented individuals whose identities or current legal status cannot be verified may also be issued non-compliant driver’s licenses and identification cards under the REAL ID Act. The license or identification card must have a unique design or color. In addition, it should explicitly state that the driver failed to meet the REAL ID requirements, so the license is not acceptable for official federal purposes.

It is important to note that a non-compliant card doesn’t necessarily mean that the holder is an undocumented immigrant since individuals with lawful presence can obtain a non-compliant card for various reasons.

Does An Undocumented Migrant Need a REAL ID to Fly Within the US?

Individuals can still access federal facilities and airplanes with regular IDs. However, after May 7, 2025, travelers on domestic and international flights will be required to show a REAL ID-compliant ID. Before passing through the airport security checkpoint, undocumented individuals will also need to show a valid ID.

Many states have adjusted their driver’s license programs to issue driver’s licenses that are REAL ID Act compliant while also leaving in place standard driver’s licenses that can be obtained by undocumented immigrants who fail to meet the requirements of a REAL ID license.

Additionally, Deferred Action for Childhood Arrivals (DACA) and eligible TPS recipients who can prove lawful status in the United States can apply for any type of driver’s license, including REAL-ID-compliant driver’s licenses, so long as they meet all other eligibility requirements for their state. However, the validity period of the ID will depend on the length of the applicant’s authorized stay in the United States.

Why Should You Contact Us?

There are different document requirements for licensing and obtaining an identification card in different states. Andrew T. Thomas, Attorneys at Law, can help you review those requirements before you apply for a REAL ID. Also, we can provide undocumented individuals with more information on immigration documentation and how to obtain legal status here.

Call us to schedule a free consultation with our immigration lawyer. We can’t wait to hear from you!