Can ICE use state driver's licenses to verify immigration status during enforcement stops?
Executive summary
State driver’s license databases and photos are already accessible to federal immigration authorities in many ways: ICE and Homeland Security Investigations ran roughly 900,000 searches of state driver’s license and motor‑vehicle data over a recent year, and Nlets has handled hundreds of thousands of DMV queries by ICE in the year before October 1, 2025 [1] [2]. States vary: some bar sharing DMV data for immigration enforcement while others have provided direct or programmatic access that ICE has used for arrests [3] [4].
1. What ICE can and does access: operational reality
ICE uses state driver’s license photos and DMV databases to obtain identifying details such as addresses and photos; the agency accesses those records both by requesting specific records and through information‑sharing systems like Nlets that many states participate in [5] [2]. Reporting to Congress and to governors shows ICE and HSI conducted hundreds of thousands of DMV queries in the year before October 1, 2025 and about 900,000 searches when counting other links—evidence that searches are routine, not merely theoretical [1] [2].
2. How ICE uses that data in enforcement
Public reporting and advocacy research document concrete enforcement uses: ICE has used DMV searches and photos to locate and arrest people, including searches of state law‑enforcement databases and direct requests to licensing agencies; states have uncovered cases where ICE used driver‑license information to surveil and prepare arrests [4] [6]. Federal accounts also highlight specific operational outcomes: DHS public releases describe arrests stemming from record checks that used state CDL and driver records [7].
3. The technical channels: SAVE, Nlets and state systems
Data flows through multiple conduits. Nlets, a nonprofit run by state agencies, facilitates automated, “self‑service” queries of DMV data for many federal and local agencies; letters to governors and news outlets show Nlets handled hundreds of millions of DMV queries and that ICE made hundreds of thousands of those queries [2]. Homeland Security has proposed further linking SAVE (the federal immigration verification system) with state driver data, a step that prompted concern because it would broaden another federal channel into state records [1].
4. State laws and protections are not uniform
States differ sharply. A number of states have passed statutes or policies to prevent sharing DMV information for immigration enforcement and to close direct access channels after discovering ICE searches; other states either permit sharing for immigration purposes or have law‑enforcement systems that ICE can query directly [3] [4] [6]. National advocacy groups like NILC map these differences and urge protective measures for drivers’ data [3] [8].
5. Real‑world consequences and political flashpoints
When states discovered ICE access to driver data, legislatures and agencies reacted: Washington, Maryland and others changed rules or cut access after cases where ICE used license info to target residents [4] [9]. Conversely, federal and state tensions flare when DHS seeks expanded access—lawmakers have warned governors that their states’ participation in Nlets and related systems makes resident data available to ICE and HSI, creating political pressure on states to revoke access [2] [1].
6. What a driver’s license legally proves — and what it does not
A state driver’s license establishes driving privileges and identity for state purposes; it does not itself confer or guarantee immigration status. Federal guidance and NGOs note states issue licenses to various categories of residents (including some without lawful presence in certain states), and possession of a license does not alter underlying immigration law—ICE has used DMV evidence alongside other checks to determine status [10] [11]. Available sources do not mention any single national rule that prevents ICE from using DMV records during enforcement stops.
7. Competing viewpoints and hidden incentives
States and advocates argue that protecting DMV data preserves public safety by encouraging licensing and registration; federal agencies argue access aids investigations and public safety. Tech‑privacy reporters and watchdogs frame state participation in Nlets as a “frictionless” channel that benefits law enforcement but risks privacy and civil‑rights harms [2] [3]. Homeland Security’s interest in linking systems like SAVE signals an institutional incentive to centralize verification capabilities [1].
8. Bottom line for drivers and policymakers
Practically, ICE can and does use state driver’s license information obtained through DMV systems and interstate law‑enforcement networks to support immigration enforcement; the extent depends on each state’s policies and the technical access it grants [5] [2] [3]. For policymakers, the immediate levers are state statutes and system agreements (e.g., Nlets user rules) that either restrict or permit routine federal queries; for drivers, the protection of license data currently depends on where they live and whether their state has limited federal access [3] [4].
Limitations: reporting above is based on available public reporting and advocacy analyses in the present search set; available sources do not mention every state’s current policy nor provide a single nationwide legal rule that categorically bars or permits ICE access in all circumstances [3] [2].