Which states currently issue non‑REAL ID driver’s licenses and what restrictions apply in each?
Executive summary
A federal REAL ID framework requires state-issued driver’s licenses to meet security standards to be accepted for boarding commercial flights and entering certain federal facilities; non‑REAL ID cards remain usable for driving and most state-level purposes but are not accepted at TSA checkpoints as of May 7, 2025 [1] [2]. Federal and public sources show a patchwork of state practices—most jurisdictions issue REAL ID‑compliant credentials or acceptable alternatives, several states continue to issue standard (non‑REAL ID) licenses to residents who do not obtain the upgrade, some states issue noncompliant cards specifically to immigrants, and a few have enacted laws blocking full compliance [3] [4] [5].
1. How the rules work in practice: what a “non‑REAL ID” license can and cannot do
The Department of Homeland Security’s REAL ID standards are what determine whether a state‑issued card can be used for federal purposes; if a card lacks the REAL ID star or is otherwise noncompliant, it is not accepted for boarding U.S. commercial flights or entering secured federal facilities—so holders must use an alternative such as a passport or an Enhanced Driver’s License (EDL) where offered [6] [1] [2]. The Transportation Security Administration made non‑compliant state IDs ineligible at airports effective May 7, 2025, and has also announced a paid “ConfirmID” alternative beginning February 1, 2026 for travelers lacking acceptable ID [2].
2. States that issue Enhanced Driver’s Licenses (EDLs) — an accepted alternative
Five states—Washington, Michigan, Minnesota, New York, and Vermont—issue Enhanced Driver’s Licenses that the federal government accepts for the same official REAL ID purposes and which can also be used for certain land/sea border crossings; these EDLs are treated as acceptable alternatives to REAL ID‑marked cards by DHS/TSA [7] [8] [4]. EDLs are distinct from standard non‑REAL ID cards because they meet federal requirements for identity and, in practice, allow holders to avoid needing a passport for specific travel and federal access described by DHS [7].
3. States issuing non‑REAL ID standard licenses to residents (including immigrants)
Most states continue to issue standard (non‑REAL ID) driver’s licenses or ID cards to residents who either choose not to obtain the REAL ID upgrade or who do not present required documentation; those credentials remain valid for driving and most domestic, non‑federal purposes, but will not be accepted at TSA checkpoints or for federal facilities [1] [6]. DHS and state guidance also acknowledge that some jurisdictions explicitly issue noncompliant cards to undocumented immigrants—meaning those cards are intentionally not REAL ID‑compliant and therefore are unusable for federal identification purposes [4]. National Council of State Legislatures tracking confirms multiple states have laws that allow undocumented residents to obtain state driving privileges, which in practice can mean issuance of non‑REAL ID credentials where federal standards require proof of lawful presence for REAL ID [9].
4. States that have resisted or restricted REAL ID compliance and recent state moves
A minority of states have enacted statutes or adopted policies limiting or blocking full REAL ID compliance on grounds of privacy, data‑sharing, or state sovereignty; Maine is a prominent example cited for legislation that has inhibited compliance absent new laws, which historically left its standard credentials labeled as potentially unacceptable for federal use [5] [10]. More recently, Tennessee adopted a system (effective 2026) issuing distinct temporary licenses or ID cards for noncitizens and prohibiting acceptance of undocumented‑issued out‑of‑state licenses—an example of states calibrating credential types based on immigration status rather than simply issuing a universal REAL ID [11].
5. Limits of the public record and how to interpret the map of “non‑REAL ID” states
Public DHS, TSA, state DMV, and policy tracking materials establish the rules and name certain alternatives and policy actions, but they do not provide a single up‑to‑date list of every state that issues non‑REAL ID cards in every category (general non‑upgraded cards, immigrant‑specific noncompliant cards, or statutory noncompliance), so reporting cannot definitively enumerate “which states currently issue non‑REAL ID licenses” exhaustively from these sources alone; instead, the evidence shows a landscape where most Americans can obtain or retain a standard non‑REAL ID license for state purposes, five states offer EDLs accepted federally, several states explicitly issue noncompliant cards to undocumented immigrants, and a few states have legislative barriers to full REAL ID compliance [1] [4] [7] [5].