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Can Undocumented Immigrants Get a Real ID in the U.S.?
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The Real ID Act was passed by Congress in 2005 as a response to the 9/11 terrorist attacks. The Act sets minimum security standards for state-issued driver’s licenses and identification cards. It prohibits federal agencies from accepting licenses and I.D.s that do not meet these standards for official purposes.
This means that starting October 1, 2021, all U.S. residents will need a Real ID or another form of federally recognized identification, such as a passport, to board domestic flights and enter federal buildings.
But what does this mean for undocumented immigrants in the U.S.? Can they obtain a Real ID? Our guide explores the eligibility and requirements for obtaining a Real ID as an undocumented immigrant in the U.S.
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 I.D. card to:
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.
Regardless of the individual’s identity, each REAL ID is unique to the state and includes the following information:
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 licensing agency.
Understanding the design differences between Real ID-compliant and non-compliant licenses helps identify which type you possess. These visual distinctions serve important functional and legal purposes.
Real ID-Compliant Features:
Non-compliant licenses issued to undocumented immigrants feature distinctly different markings. Many states use phrases like “Not for Federal Identification” or “Limited Purpose” printed directly on the card.
Some states employ unique color schemes or designs to differentiate non-compliant licenses from standard IDs. California uses distinctive vertical orientation for certain non-compliant licenses, while other states utilize different background colors or border designs.
The visual differences ensure immediate recognition by federal agents, airport security, and other officials. These markings prevent confusion about acceptable identification for federal purposes while still providing state-level driving privileges.
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:
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, U.S. citizens may present the following identity documents:
For non-US citizens to demonstrate lawful residence, they must present one of the following documents:
The REAL ID Modernization Act introduced changes to streamline how applicants submit proof of identity when applying for a REAL ID driver’s license or ID card. One significant update was the removal of the requirement to physically present a Social Security card. Instead, state licensing agencies are now allowed to verify a person’s Social Security Number (SSN) electronically through the Social Security Administration (SSA).
Some states have expanded digital services, allowing applicants to upload certain identification documents online as part of the application process, although this varies by jurisdiction. However, even in these cases, proof of identity and lawful immigration status must still be verified in person at a DMV office. It’s essential to check with your state’s DMV to see whether they accept electronically submitted immigration documents or court documents in advance of your appointment.
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.
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.
Obtaining any government-issued identification creates potential privacy risks for undocumented immigrants. State DMV databases contain personal information that could theoretically be accessed by federal immigration authorities.
Key Privacy Considerations:
Most states implementing undocumented immigrant licensing programs include specific privacy protections. These safeguards typically prevent routine sharing of license holder information with federal immigration agencies.
However, federal authorities can still access DMV records through legal processes like subpoenas or court orders. Some states have enacted “sanctuary” policies limiting cooperation with immigration enforcement, while others maintain more open data-sharing agreements.
Document security becomes crucial when carrying non-compliant identification. Losing your license or having it stolen could expose personal information to unauthorized individuals.
Consider the risks carefully before applying for any government identification. Consulting with an immigration attorney helps evaluate whether the benefits outweigh potential exposure in your specific situation.
Holding a driver’s license as an undocumented immigrant doesn’t grant additional legal rights beyond driving privileges. Important restrictions remain in place regardless of your state-issued identification.
Voting Prohibitions:
Employment authorization remains unchanged by driver’s license eligibility. Undocumented immigrants cannot legally work in most positions regardless of state-issued identification.
Federal benefit programs continue to be restricted even with valid state driver’s licenses. Social Security benefits, federal financial aid, and most government assistance programs require legal immigration status.
Jury duty obligations may arise from driver’s license databases in some states. However, undocumented immigrants typically cannot serve on juries due to citizenship requirements.
Banking and financial services may be easier to access with state-issued identification, though federal banking regulations still apply. Some financial institutions accept state driver’s licenses for account opening purposes.
State laws regarding undocumented immigrant licensing continue evolving rapidly. Recent legislative changes significantly impact identification options and requirements across different jurisdictions.
Restrictive Measures in Some States: Florida has enacted legislation limiting recognition of out-of-state licenses issued to undocumented immigrants. These measures affect individuals traveling between states with different licensing policies.
Several states have introduced bills requiring additional documentation or restricting license validity periods for undocumented applicants. These changes create uncertainty about long-term identification security.
Expanding Access in Other Jurisdictions: Multiple states continue expanding access to driver’s licenses for undocumented residents. Recent legislative sessions have seen proposals in various states to join the growing list of jurisdictions offering these programs.
Some states are considering enhanced privacy protections or digital license options specifically designed for undocumented immigrants. These innovations could improve security while maintaining necessary protections.
Interstate recognition remains complex as different states take opposing approaches to undocumented immigrant licensing. What’s valid in one state may face restrictions or challenges in another jurisdiction.
Stay informed about changing laws in your state and any states you plan to visit. Recent legislative trends suggest continued divergence between states on this issue.
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.
Beginning May 7, 2025, every traveler aged 18 or older will be required to present a REAL ID-compliant driver’s license, a valid passport, or another acceptable form of federal identification to board domestic flights. Travelers who show up at airport security without a REAL ID or approved alternative may be denied boarding and miss their flight altogether.
The federal government will not accept non-compliant state-issued IDs or id cards for these purposes. This means that undocumented immigrants and others using non-compliant licenses will need to carry another acceptable form of ID—such as a foreign passport with a valid visa—to fly within the U.S. after the compliance deadline. TSA agents will not accept identification documents that do not meet the REAL ID requirements for official travel after this date.
There are different document requirements for licensing and obtaining a valid form of identification card in different states. Navigating the documentation and application process can be complex. Andrew T. Thomas, Attorneys at Law, can help you review those requirements before you apply for a REAL ID.
We can guide you through the necessary paperwork and steps to follow. Also, we can provide undocumented individuals with more information on immigration documentation and how to obtain legal status here.
Working with an immigration lawyer can help you get the right information without needing to disclose your personal information to a government official. Your lawyer can also guide you about the potential risks and how best to mitigate them.
Call us to schedule a free consultation with our immigration lawyer. We can’t wait to hear from you!
