Many immigrants from all over the world come to New York City seeking a better life for themselves and their families. With their skills and hard work, they contribute greatly to the community and local economy.
For many years, not being able to drive was a serious limitation for undocumented individuals. Since most U.S. cities are not designed for walking everywhere, there is a real need to drive — whether to take children to school, commute to work, attend medical appointments or handle everyday responsibilities.
Many families still ask: can undocumented immigrants get a driver’s license? And more specifically, can undocumented immigrants get a driver’s license in NY? Thanks to New York’s Green Light Law, the answer is yes.
In June 2019, New York enacted the Driver’s License Access and Privacy Act, commonly referred to as the Green Light Law.
Before this law was passed, undocumented immigrants were not eligible to apply for driver’s licenses in New York. This created dangerous situations, as the need to drive led some people to do so without a license or insurance. Because New York is a no-fault state where individuals seek compensation through their own insurance coverage after an accident, uninsured driving increased the financial risk for everyone involved.
What is Green Light Legislation?
The Green Light legislation, or the Driver’s License Access and Privacy Act, allows immigrants to obtain driver’s licenses in the state of New York regardless of immigration status. Allowing eligible residents to apply for a license improves road safety and supports integration into the community.
Immigrants who want to benefit from this law must meet certain requirements, which we discuss below.
Another important benefit is that federal immigration enforcement agencies cannot access DMV information without a court order.
Who Can Apply for a License?
Individuals born outside the United States may apply for a standard driver’s license regardless of their immigration status. People who don’t have a Social Security number (SSN) can apply for a “standard” driver’s license by signing an affidavit saying they have not been issued an SSN.
The DMV now also accepts consular identification cards and other foreign documents as proof of identity, allowing more foreign-born New Yorkers to obtain one. To apply for a driver’s license, applicants must provide one form of proof demonstrating their residency in the state of New York.
If an applicant for a driver’s license has never had one before, they must pass a knowledge test to get a learner’s permit. Then, you must practice driving, take a pre-licensing course, and finally pass a road test before you can get a driver’s license.
Are There Different Types of Driver’s Licenses Immigrants Can Get?
Yes. The DMV offers different types of driver’s licenses. Individuals who do not have a Social Security number (SSN) may apply for a standard license only.
Therefore, they are not eligible for:
Enhanced Driver’s Licenses
An Enhanced Driver’s License (EDL) is a type of driver’s license that goes beyond the standard driver’s license and incorporates additional features to serve as both a driver’s license and a travel document for specific purposes.
The primary purpose of an EDL is to enable residents of designated states or provinces to travel between the United States, Canada, Mexico, and certain Caribbean countries by land or sea without needing a separate passport.
It provides a convenient alternative for those who frequently cross the border and require reliable identification.
REAL IDs
REAL ID is a set of federal standards for identification documents that were established by the U.S. Congress in response to increased security concerns after the September 11, 2001, terrorist attacks.
The purpose of REAL ID is to establish a more secure and reliable form of identification that can be used for various purposes, including boarding domestic flights and accessing federal facilities. It aims to enhance the integrity and authentication of identification documents and reduce the risk of identity theft and fraud.
To comply with the REAL ID Act, states must issue driver’s licenses and identification cards that meet specific requirements. These requirements include:
- Proof of Identity
- Proof of Social Security Number
- Proof of Residency
- Proof of Legal Status
DACA and TPS recipients and other immigrant New Yorkers with work authorization or legal status can apply for a “REAL ID” compliant license. However, that license will expire when the work authorization or legal status expires.
Standard licenses issued under the Green Light Law are marked “Federal Limits Apply.” This means they cannot be used for federal purposes such as boarding domestic flights or entering federal facilities. They are valid for driving within New York State.
Where Can Undocumented Immigrants Get a Driver’s License?
Many people search for the states where undocumented immigrants can get a driver’s license, as immigration and motor vehicle laws vary across the country.
Under federal law, each state has authority to issue its own driver’s licenses. In addition to New York, several states allow undocumented individuals to apply for a standard state driver’s license for driving purposes only.
These states include:
- California
- Colorado
- Connecticut
- Delaware
- Hawaii
- Illinois
- Maryland
- Massachusetts
- Minnesota
- Nevada
- New Jersey
- New Mexico
- New York
- Oregon
- Rhode Island
- Utah
- Vermont
- Virginia
- Washington
While requirements vary, these licenses are generally issued so individuals can legally drive and obtain car insurance. They do not grant lawful status, citizenship or federal immigration benefits.
I’m an Immigrant. What Do I Need to Get a License?
The basic requirements for an immigrant person to apply for a driver’s license are the following:
- Must be at least 16 years old
- Documents to prove identity (6 points worth of documents)
- Get an appointment online.
- You can download and print the driver’s manual online to prepare for the test.
- Visit and present your documents
- Pass the test. You must get more than 14 correct answers out of 20 multi-choice questions in the test.
- Wait. After the test, you must wait up to 2 weeks to receive a permit.
- Prepare yourself for the driving test.
- Take a road test before the permit expires.
- You get your driver’s license
Keep in mind that if you don’t pass the tests, you can schedule another one following the same steps; just make sure to be better prepared if that happens.
Documents that provide 1 point each are:
- IDNYC (Also counts as proof of residency)
- Foreign School Report Card or School record (if it has a photo, then provides 2 points)
- Tax Documents
Documents that provide 4 points each are:
- Valid Consular ID
- Valid Foreign Passport
- Foreign Driver’s License
(Valid or Expired up to 24 months) Also counts as proof of age
Only when it is explicitly noticed will they not receive expired documents. You can set up an appointment to get your license. This is easier and more convenient than visiting the DMV office of your choice without that, as they may prioritize online appointments.
Does the Green Light Law Protect Driver’s License Holders’ Privacy?
Yes, as mentioned above, immigrants who qualify under the Green Light legislation are allowed to legally drive in New York, and federal immigration enforcement agencies cannot access DMV information without a court order.
The DMV cannot provide information about immigration status, place of employment, social security number, or whether a driver’s license is REAL ID-compliant.
That can give peace of mind to people who are working hard, supporting their families and waiting to resolve their immigration status.
Car Accident Lawyers at Ward Law
Coming to a different country with new rules and a new culture can be complex and sometimes overwhelming. Getting your driver’s license is the first step. Once you’re on the road, though, accidents can still happen — even when you do everything right.
New York is a no-fault state, which means your own insurance coverage may help pay for medical bills and certain losses after a crash. Immigration status does not prevent you from seeking compensation after a car accident in New York.
Ward Law has experienced car accident lawyers who can help if you were injured in an accident in New York City. If you or a loved one got hurt, call 855-DOLOR-55. A member of our team can answer your questions in your preferred language.
*Please note that the content provided on this blog is for informational purposes only. While we specialize in accident cases, including car, pedestrian, and slip-and-fall accidents, we do not handle immigration law or assist with obtaining licenses. We recommend seeking advice from a specialized professional if you need legal assistance. Thank you for understanding.
Jany Martinez Ward
Partner
Jany Martínez-Ward is a Founding and Managing Partner of Ward Law, representing victims of car accidents in New York and Florida. She focuses her practice on representing Hispanic clients who have been injured due to the negligence of others.
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