Which U.S. states issue driver’s licenses without requiring proof of lawful presence, and how do those licenses differ from enhanced or Real ID credentials?
Executive summary
A cohort of states and the District of Columbia issue driver’s licenses to people who cannot or do not show proof of lawful presence; federal REAL ID rules allow states to continue issuing such “standard” or non‑REAL ID cards while marking compliant cards with a star (DHS) [1] [2]. As of reporting in 2025, roughly 19 states plus D.C. had laws or policies allowing licenses without documentation of lawful presence, but those cards are distinct from REAL ID‑compliant credentials and have become the subject of new state restrictions and litigation (AP; NCSL; Newsweek) [2] [3] [4].
1. Which states — the published roll call
Multiple reputable trackers and news outlets place the number of states allowing driver’s licenses without proof of lawful presence at about 19 states plus Washington, D.C.; a compiled list circulating in public reporting and reference materials names California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia and Washington as jurisdictions that have implemented such policies (Wikipedia; AP; NCSL) [5] [2] [3]. These counts are the product of state statutes and administrative rules authorizing “drive‑only” or standard licenses to residents who cannot demonstrate lawful presence; trackers emphasize that the specifics (eligibility, documentation, card design) differ across states and that the status of laws can change rapidly (NCSL; AP) [3] [2].
2. What “non‑REAL ID” or standard licenses are, and what REAL ID requires
The REAL ID framework lets states issue both REAL ID‑compliant credentials and noncompliant cards; REAL ID compliance requires documentation including a Social Security number and proof of U.S. citizenship or lawful residency and results in a star‑marked license that is accepted for boarding domestic flights and accessing certain federal facilities, while noncompliant cards must be visibly marked and are not acceptable for those federal purposes (DHS; AP) [1] [2]. DHS guidance explicitly notes noncompliant cards must be differentiated by design and warns that possession of a noncompliant card is not definitive proof of immigration status, since noncompliant cards may be issued for other reasons (DHS) [1].
3. Enhanced IDs and the gap in reporting
Multiple sources summarize the REAL ID distinction but do not provide authoritative, sourced detail in this set about “enhanced” driver’s licenses (E‑IDs) that some states issue for limited cross‑border travel; reporting in these materials focuses on REAL ID versus noncompliant cards and does not supply a sourced account of how enhanced licenses compare in documentation or federal acceptance, so any authoritative claim about enhanced IDs cannot be made from the provided documents (limitation: sources [1]–[7] do not define E‑ID requirements here).
4. Political and legal flashpoints driving recent changes
As state laws shifted after REAL ID enforcement and following national political debates, several Republican‑led legislatures moved to criminalize or invalidate out‑of‑state “drive‑only” licenses, with Florida and Tennessee among states passing laws to restrict use of licenses marked as issued without proof of lawful presence; national reporting frames this as an intensifying interstate clash over whether and how undocumented residents may drive legally (Newsweek; AP) [4] [2]. At the same time, civil‑rights and immigrant‑rights groups and state governments have litigated and negotiated the practical effects of federal rules on commercial and CDL licenses, producing injunctions and litigation notices in several jurisdictions (Asian Law Caucus) [6].
5. Practical effects for drivers and officials
In practice, people issued standard non‑REAL ID licenses are generally allowed to drive within their issuing state, but those cards will not work for federal identification uses that require REAL ID (DHS; NILC) [1] [7]. Federal guidance and immigrant‑advocacy materials also advise that non‑lawfully present individuals face risks using standard cards for air travel or federal access; meanwhile, state DMV practices such as DHS verification and forthcoming DOT rules have prompted administrative cancellations and litigation around commercial licenses, showing the policy friction has real consequences for workers and enforcement (DHS; NILC; Asian Law Caucus) [1] [7] [6].
6. Bottom line and reporting limits
The published record supports that about 19 states plus D.C. have allowed driver’s licenses without proof of lawful presence and that those licenses are explicitly different from REAL ID‑compliant credentials by design, documentation, and federal acceptability (AP; DHS; NCSL) [2] [1] [3]. Reporting in the provided sources does not offer a fully up‑to‑date legal inventory or authoritative technical comparison to enhanced IDs, and readers should consult state DMVs and the DHS REAL ID guidance for the current list and exact administrative procedures in each jurisdiction (limitation: state statutes and administrative rules may have changed since the cited reporting) [1] [3].