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Fact check: Which states currently issue commercial driver's licenses to undocumented immigrants?
Executive Summary
Multiple reputable trackers and advocacy groups report that between 19 states and the District of Columbia allow undocumented immigrants to obtain state driver’s licenses for ordinary (non‑federal) purposes, while a smaller, contested subset of jurisdictions has been criticized for issuing commercial driver’s licenses (CDLs) to non‑citizens under varying documentation rules. Federal regulatory action in 2025 tightened eligibility for non‑domiciled CDLs, directing states to verify lawful immigration status for commercial credentials, but enforcement and state practices remain the center of a political and legal clash [1] [2] [3] [4].
1. What the major trackers say — a clear majority of states permit ordinary licenses
Contemporary trackers and legal briefs converge on the finding that 19 states plus Washington, D.C. permit unauthorized immigrants to obtain state driver’s licenses that are generally not REAL ID compliant and are limited for federal uses; that count appears in both advocacy reporting and neutral compilations [1] [2]. The National Immigration Law Center and the National Conference of State Legislatures produced summaries listing those states and the documentation they accept, and news aggregations have reproduced that total as recently as March–May 2025 [5] [2]. These licenses are designed to enable lawful driving and access to services at the state level, and proponents argue they improve road safety by ensuring testing and insurance; opponents emphasize federal security and REAL ID limitations. The two sources align on the number and purpose of state-level non‑REAL ID licenses but differ in framing: advocacy groups emphasize access and safety while some reporting underscores political and security debates that follow from differing state approaches [1] [2].
2. The commercial‑license controversy — federal change and state gaps
Beginning in 2025, the Federal Motor Carrier Safety Administration issued an interim final rule that restricts non‑domiciled CDLs to applicants with lawful immigration status, requiring state driver licensing agencies to verify lawful presence before issuing commercial credentials (published Sept. 1, 2025) [3]. That federal move responds directly to evidence and oversight claims that some states had issued CDLs or non‑domiciled commercial credentials to individuals using temporary immigration documents (I‑94, employment authorizations), a practice the FMCSA said undermined credential integrity. The FMCSA rule shifts responsibility to states and tightens the documentation standard; however, enforcement depends on state implementation timelines and administrative capacity. Reporting by federal lawmakers and industry groups in October 2025 framed the issue as enforcement of federal safety standards, creating immediate legal and operational friction between state license policies and new federal requirements [3] [4].
3. Case examples and political pressure — where states and watchdogs clash
Specific allegations accelerated scrutiny: a congressional press release from Rep. Dusty Johnson claimed South Dakota issued CDLs to non‑citizens beyond their lawful stay, calling the state non‑compliant and citing the need for the Non‑Domiciled CDL Integrity Act to strengthen requirements (Oct. 23, 2025) [4]. Industry voices, including trucker groups cited in late October 2025, warned of a supposed safety crisis stemming from relaxed licensing standards and asserted that “more than a dozen” states issued commercial credentials to unauthorized immigrants, with California often singled out in those accounts (Oct. 31, 2025) [6]. Those assertions amplify political pressure but rest on a mix of audited findings, anecdotal cases, and industry advocacy. The FMCSA rule and congressional scrutiny indicate a federal push to harmonize commercial licensing standards, but they do not, by themselves, identify a single list of states currently issuing CDLs to undocumented immigrants.
4. Divergent counts and methodologies — why figures vary
Different sources report different state counts because they measure distinct phenomena: one set catalogs ordinary state driver’s licenses for undocumented residents (the 19 states + DC tally), while another set focuses on non‑domiciled or commercial credentials that require separate documentation and federal oversight [1] [2] [3]. Advocacy organizations count statutory programs that explicitly permit undocumented applicants to receive state licenses for driving; federal rulemaking and congressional letters target commercial credentials, which are regulated for interstate safety. Media and industry pieces citing “dozens” or “more than a dozen” often combine anecdotal enforcement actions, isolated investigations, and prior state practices predating the FMCSA rule, leading to higher informal counts that do not always match formal legislative lists [6] [7].
5. Bottom line and what to watch next — policy, compliance, and legal fights
The established fact is that 19 states and DC issue state driver’s licenses to undocumented immigrants for state purposes, while federal action in 2025 tightened rules for non‑domiciled CDLs, requiring lawful status verification before commercial credentials can be issued [1] [2] [3]. The dispute now centers on state compliance, implementation timelines, and legal challenges; congressional inquiries and industry complaints continue to test state practices through audits and transparency demands [4] [6]. Watch legislative updates and FMCSA implementation guidance for specific lists of state non‑compliance findings and for lawsuits or state policy changes that reconcile state‑level access with newly asserted federal commercial licensing standards [3] [4].