Order Code RL32127
CRS Report for Congress
Received through the CRS Web
Summary of State Laws
on the Issuance of Driver’s Licenses
to Undocumented Aliens
Updated September 21, 2004
Alison M. Smith
Legislative Attorney
American Law Division
Congressional Research Service ˜
The Library of Congress
Summary of State Laws on the
Issuance of Driver’s Licenses to Undocumented Aliens
Summary
The final report of the National Commission on Terrorist Attacks Upon the
United States (9/11 Commission), issued on July 22, 2004, states that “today more
than 9 million people are in the United States outside the legal immigration system.”
As such, the 9/11 Commission recommended that standards be set for the “issuance
of birth certificates and sources of identification, such as driver’s licenses,” as “all
but one of the 9/11 hijackers acquired some form of U.S. identification document,
some by fraud. Acquisition of these forms of identification would have assisted them
in boarding commercial flights, renting cars, and other necessary activities.” Several
bills, such as S. 2774/H.R. 5040 and H.R. 5024, have recently been introduced to
address the 9/11 Commission’s recommendations regarding the issuance of birth
certificates and other sources of identification, such as driver’s licenses.
Recent events have prompted a series of questions and debate concerning states’
issuance of driver’s licenses to illegal aliens. Proponents contend that allowing
illegal immigrants to obtain driver’s licenses is a matter of public safety. Licensed
drivers know the rules of the road and can buy insurance, thus making streets safer
for everyone. Conversely, opponents argue that allowing illegal immigrants to obtain
driver’s licenses compromises national security. Moreover, opponents contend that
permitting illegal aliens to obtain driver’s licenses encourages such individuals to
remain in the United States illegally. Thus, opponents contend that illegal
immigrants should not be rewarded with such privileges. This report will briefly
summarize the policy arguments related to states’ issuance of driver’s licenses to
undocumented or illegal aliens. In addition, this report includes a state-by-state
summary of the state laws on issuing licenses to immigrants. This report will be
updated as developments warrant.
**The following individuals contributed material used in the preparation of this
report: Larry Eig, Legislative Attorney; Vastine Platte, Senior Paralegal Specialist;
Joyce Thorpe, Senior Paralegal Specialist; Dan Inkelas, Law Clerk; Andrew
Murnane, Law Clerk; and Kerstin Roper, Law Clerk.
Contents
Alabama . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Alaska . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Arizona . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Arkansas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
California . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Colorado . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Connecticut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Delaware . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
District of Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Florida . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Hawaii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Idaho . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Illinois . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Indiana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Iowa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Kansas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Kentucky . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Louisiana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Maine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Maryland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Massachusetts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Michigan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Minnesota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Mississippi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Missouri . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Montana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Nebraska . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Nevada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
New Hampshire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
New Mexico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
New York . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
North Carolina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
North Dakota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Ohio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Oklahoma . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Oregon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Pennsylvania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Rhode Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
South Carolina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
South Dakota . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Tennessee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Utah . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Vermont . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Virginia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Washington . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
West Virginia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Wisconsin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Wyoming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
List of Tables
Table 1: State Statutes Governing Issuance of Driver’s Licenses to Aliens . . . . . 4
Summary of State Laws on the
Issuance of Driver’s Licenses to
Undocumented Aliens
The final report of the National Commission on Terrorist Attacks Upon the
United States (9/11 Commission), issued on July 22, 2004, states that “today more
than 9 million people are in the United States outside the legal immigration system.”1
As such, the 9/11 Commission recommended that standards be set for the “issuance
of birth certificates and sources of identification, such as driver’s licenses,”2 as “all
but one of the 9/11 hijackers acquired some form of U.S. identification document,
some by fraud. Acquisition of these forms of identification would have assisted them
in boarding commercial flights, renting cars, and other necessary activities.”3
Recent events have prompted controversy and questions concerning issuing
drivers licenses to aliens who are in the U.S. in violation of U.S. immigration laws.
Those who favor issuing licenses to residents regardless of immigration status cite
public safety and the de facto long-term presence of illegal aliens as part of their
communities. Licensed drivers, they contend, know the rules of the road and can buy
insurance, thus making streets safer for everyone. Conversely, opponents argue that
allowing illegal immigrants to obtain driver’s licenses compromises national security.
Moreover, opponents contend that permitting illegal aliens to obtain driver’s licenses
rewards illegal behavior and encourages illegal aliens to remain in the United States.
Eligibility for driver’s licences is first and foremost a matter of state law. This
report offers a state-by-state summary of state statutes and published regulations on
two types of requirements that bear on the eligibility of illegal aliens for driver’s
licenses: (1) evidence of legal presence in the U.S. and (2) the provision of a valid
Social Security number. States take a variety of approaches. About half the states
have some explicit statutory or published regulatory requirement that an applicant
demonstrate lawful presence in the U.S. On the other hand, over 40 states require
that an applicant submit a valid Social Security number, a requirement that can
foreclose issuing licenses to illegal aliens because they are ineligible to receive such
numbers. However, the Social Security number requirements in many states are
limited. For example, some allow for exceptions for applicants who demonstrate that
they are exempt or ineligible under law from obtaining or disclosing a Social Security
number. At least three states — Maryland, Oregon, and Vermont — do not
explicitly require either proof of legal presence or a Social Security number.
1 U.S. National Commission on Terrorist Attacks Upon the United States,
The 9/11
Commission Report (Washington: GPO, 2004), p. 390.
2 Id.
3 Id.
CRS-2
Though the states have traditionally set requirements for driver’s licenses,
Congress also may have a role. The power to regulate immigration and commerce;
the ability to set conditions on the receipt of federal funds, and the discretion to set
standards for identification documents that can be accepted for purposes of federal
programs, all are examples of congressional authority that can affect the issuance of
state driver’s licenses to illegal aliens.4 Several bills have been introduced in the 108th
Congress which address the issue of driver’s licenses. For example, H.R. 655 would
bar Federal agencies from accepting for any identification-related purpose a state-
issued driver’s license, or other comparable identification document, unless the state
requires a license or comparable document issued to a nonimmigrant alien to expire
upon the expiration of the alien’s authorized period of stay in the United States. This
bill also directs the Attorney General to make grants to assist states in issuing
appropriate licenses and identification documents. H.R. 1121 would require an alien
to produce a valid nonimmigrant visa to obtain a driver’s license or state
identification card in the United States. Moreover, such a license would only be
valid during the validity period of the aliens’s nonimmigrant visa. H.R. 3052 would
withhold funds from states which have enacted laws that allow the issuance of an
identification card or driver’s license to an alien who is not legally authorized to be
in the United States.
H.R. 5024 mandates that the President shall submit to Congress a proposal to
set security standards for both birth certificates and identification documents, such
as drivers’ licenses. S. 2774/H.R. 5040 establish minimum standards for drivers’
licenses and mandates grants to states for assistance in meeting such standards.
In compiling the chart below, we looked either at hard copy or at Lexis or
Westlaw versions of state codes and regulations. As was helpful, we also looked at
official websites of the Department of Motor Vehicles, or its equivalent. Again, we
emphasize that the chart is limited to published laws and regulations. Those states
which allow an exception to the Social Security number requirement are annotated.
For a variety of reasons, these may not indicate actual state practice in some
instances. The case of Maryland is illustrative. State law does not require legal
presence as a criterion for eligibility for a license. Nonetheless, the Motor Vehicle
Administration, exercising its discretion to set standards for documents that may be
4 Some Congressional action in this direction has been controversial. As an example, in §
656 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-
208, Division C) Congress provided federal standards for state driver’s licenses and birth
certificates when used as identification-related documents for federal purposes. A state had
two choices under this provision. It could require that each of its licenses include the
licensee’s Social Security number in machine-readable or visually-readable form. Or the
state could more minimally require that each applicant submit the applicant’s Social
Security number and verify the legitimacy of that number with the Social Security
Administration. However, this section proved controversial shortly after its enactment, with
opponents most frequently alleging that it could be construed as a step toward a national
identification card system. Congress blocked funds to implement regulations aimed at
assisting the states to adopt the Social Security number requirements, and the underlying
requirement itself was subsequently repealed in § 355 of the Department of Transportation
and Related Agencies Appropriations Act, 2000 (P.L. 106-69).
CRS-3
accepted to indicate eligibility under other criteria — age and bona fide residency,
for example — promulgated a list of acceptable documents that makes it difficult for
illegal aliens to show eligibility. Reportedly, the actual practice of MVA employees
is even more restrictive: it is alleged that no documents available to aliens here
without legal status have been sufficient.5 The Maryland Attorney General issued an
opinion that at once recognized that no license restriction exists in state statute and
approved administrative practice even though it effectively added a new alienage
standard for license eligibility.6 The ultimate effect of this opinion remains unclear.
It appears from state websites and other secondary sources that similar disparities
between statute and practice may exist in other states as well.
5 Nurith C. Aizenman, “
Licensing Foreign Drivers Studied”, Washington Post, October 13,
at B01.
6 88 Opinions of the Attorney General ______ (2003), Opinion No. 03-014 (September 12,
2003).
CRS-4
Table 1: State Statutes Governing
Issuance of Driver’s Licenses to Aliens
Alabama
Lawful
Yes
“All applicants for an original Alabama Driver
presence
license or identification card must submit proof of
requirement
authorized presence in the United States as
authorized under federal law.” Ala. Admin. Code r.
760-X-1-.20.
SSN Required?
YesE
Ala. Admin. Code r. 760-X-1-.19, 760-X-1-.20.
But see 2002 Ala. AG LEXIS 180 (June 27, 2002)
allowing
exception for aliens with valid non-work-
authorized visas who cannot obtain Social Security
numbers.
Alaska
Lawful
No
presence
requirement:
SSN Required?
YesE
If an applicant has been issued a Social Security
number, the applicant must include it on the driver’s
license application. Alaska Stat. § 28.15.061.
Arizona
Lawful
Yes
“Notwithstanding any other provision of law, the
presence
department shall not issue to or renew a driver
requirement
license or nonoperating identification license for a
person who does not submit proof satisfactory to the
department that the applicant’s presence in the
United States is authorized under federal law.”
Ariz. Rev. Stat. Ann. § 28-3153(D).
SSN Required?
YesE
An application must state the “social security
number of the applicant unless the application is for
a nonresident commercial driver license.” Ariz.
Rev. Stat. Ann. § 28-3158(D)(5), (E).
CRS-5
Arkansas
Lawful
Yes
“The Officer of Driver Services shall not issue any
presence
license under this act to any person...who is making
requirement:
an initial application for an Arkansas driver’s
license and who is not lawfully in the United
States...” Ark. Code Ann. § 27-16-604(a)(10).
SSN Required?
YesE
“Every applicant shall supply his or her social
security number on the application form
when he or
she has been assigned a number . . . .” Ark. Code
Ann. § 27-16-701.
California
Lawful
Yes
“The department shall not issue an original driver’s
presence
license or identification card to any person who does
requirement:
not submit satisfactory proof that the applicant’s
presence in the United States is authorized under
federal law.” Cal. Veh. Code § 12801.5.
SSN Required?
YesE
“Notwithstanding any other provision of law, the
department shall require every application for a
driver’s license to contain the applicant’s social
security number and any other number or identifier
determined to be appropriate by the department.”
Cal. Veh. Code § 12801. Under case law, a SSN
may not be required of a noncitizen applicant who is
ineligible for one if the noncitizen’s presence is
otherwise authorized under federal law.
See
Lauderbach v. Zolin, 35 Cal. App. 4th 578 (1995).
Colorado
Lawful
Yes
A permit may not be issued to “any person whose
presence
presence in the United States is in violation of
requirement:
federal immigration laws.” Colo. Rev. Stat. §
42-2-104.
See also § 42-2-107.
SSN Required?
YesE
An applicant must submit the applicant’s Social
Security if the applicant has one. If the applicant
does not have a Social Security number, the
applicant must submit a sworn affidavit to that
effect. Colo. Rev. Stat. § 42-2-107.
CRS-6
Connecticut
Lawful
Yes
An applicant for a motor vehicle operator’s license,
presence
and an applicant for an identification card... shall be
requirement:
required to indicate whether he is a U.S. citizen. If
any applicant indicates that he is not a U.S. citizen,
the applicant is required to submit evidence that he
is a lawful resident of the State of Connecticut. Such
evidence may consist of any currently valid
document issued to the applicant by the Immigration
and Naturalization Service of the U.S. Department
of Justice. Conn. State Agencies § 14-137-64a.
SSN Required?
No
Delaware
Lawful
No
Temporary legislation requiring legal presence
presence
apparently has lapsed, and no permanent
requirement:
requirement has apparently been enacted.
SSN Required?
YesE
Every application shall state the name and Social
Security number, if eligible. Del. Code. Ann. tit. 21
§ 2711.
District of Columbia
Lawful
No
presence
requirement:
SSN Required?
Yes
“The Mayor shall require an applicant for an
operator’s permit to provide a social security
number . . . “ D.C. Code § 50-1401.01(b).
Florida
Lawful
Yes
An applicant must submit one of the following: a
presence
certified copy of a U.S. birth certificate; a valid U.S.
requirement:
passport; an alien registration receipt card (green
card); an employment authorization card issued by
the U.S. Department of Justice; proof of
nonimmigrant classification provided by the U.S.
Department of Justice; or a driver’s license that was
issued by another jurisdiction on the basis of one the
foregoing documents. Fla. Stat. Ann. § 322.08.
SSN Required?
Yes
Each such application shall include the following
information regarding the applicant:...Social
Security card number. Fla. Stat. Ann. § 322.08.
CRS-7
Georgia
Lawful
Yes
“[N]o person shall be considered a resident for
presence
purposes of this chapter unless such person is either
requirement:
a United States citizen or an alien with legal
authorization from the U.S. Immigration and
Naturalization Service.” Ga. Code Ann §
40-5-1(15).
SSN Required?
No
Hawaii
Lawful
No
presence
requirement:
SSN Required?
YesE
Every application must include the applicant’s
Social Security number if the applicant is eligible
for one.17 Haw. Rev. Stat. Ann. § 286-111.
Idaho
Lawful
Yes
“The examiner shall obtain the following from the
presence
applicant:...the applicant’s social security number as
requirement:
verified by his social security card or by the social
security administration...” unless other
proof of
lawful presence is shown. Idaho Code § 49-2443.
SSN Required?
YesE
“The examiner shall obtain the following from the
applicant:...the applicant’s social security number as
verified by his social security card or by the social
security administration...” unless other proof of
lawful presence is shown. Idaho Code § 49-2443.
CRS-8
Illinois
Lawful
No
presence
requirement:
SSN Required?
YesE
An applicant must submit Social Security number
unless applicant is prohibited by bona fide religious
conviction from applying for SSN or is exempt from
applying for one. 625 Ill. Comp. Stat. 5/6-106(b).
Indiana
Lawful
No
presence
requirement:
SSN Required?
Yes
Ind. Code Ann. § 9-24-9-2 (2002).
Iowa
Lawful
No
presence
requirement:
SSN Required?
Yes
“A person who applies for a new driver’s license or
nonoperator’s identification card or a duplicate
license...shall submit proof of age, identity and
social security number.” Iowa Admin. Code r. 761-
601.5(321) (2003).
Kansas
Lawful
Yes
“The division shall not issue any driver’s license to
presence
any person who is not lawfully present in the United
requirement:
States.” Kan. Stat. Ann. § 8-240(b)(3).
SSN Required?
No
CRS-9
Kentucky
Lawful
Yes
“The application form shall be accompanied by the
presence
person’s documentation issued by the United States
requirement:
Department of Justice, Immigration and
Naturalization Service, authorizing the person to be
in the United States...” Ky. Rev. Stat. Ann. §
186.412(4)(a) (2002).
SSN Required?
YesE
“The application form shall require the
person’s:...(c) Social Security number, federal tax
identification number, a letter from the Social
Security Administration declining to issue a Social
Security number, or a notarized affidavit from the
applicant to the Transportation Cabinet swearing
that the person either does not have a Social
Security number, or refuses to divulge his or her
Social Security number, based upon religious
convictions...” Ky. Rev. Stat. Ann. § 186.412
(2002).
Louisiana
Lawful
Yes
“Any alien individual residing in Louisiana who
presence
does not possess and is ineligible to obtain a social
requirement:
security number shall not be required to furnish a
social security number for issuance of a...driver’s
license. However, prior to the issuance of a...driver’s
license, in addition to other required documentation,
the department shall require the alien individual to
present a document demonstrating lawful presence
in the United States in a status in which the alien
individual may be ineligible to obtain a Social
Security number. The list of acceptable documents
demonstrating lawful presence shall be determined
by the department.” La. Rev. Stat. Ann. § 32:409.1.
SSN Required?
Yes
La. Rev. Stat. Ann. § 32:409.1 (2003).
Maine
Lawful
No
presence
requirement:
SSN Required?
Yes
Me. Rev. Stat. Ann. 29 § 1301 (2002).
CRS-10
Maryland
Lawful
No
presence
requirement:
SSN Required?
No
Massachusetts
Lawful
No
presence
requirement:
SSN Required?
Yes
SSN is required as proof of identity. 540 CMR
2.06(3)(b).
Michigan
Lawful
No
presence
requirement:
SSN Required?
YesE
Applicant for an operator’s or chauffeur’s license
must provide, “to the extent required to comply with
federal law, the applicant’s social security number.”
Mich Comp. Laws Ann. § 257.307(1)(a) (2001).
But, “A requirement under this section to include a
social security number on an application does not
apply to an applicant who demonstrates he or she is
exempt under law from obtaining a social security
number or to an applicant who for religious
convictions is exempt under law from disclosure of
his or her social security number under these
circumstances.” Mich. Comp. Laws Ann. §
257.307(12).
CRS-11
Minnesota
Lawful
Yes
“The applicant must attest to a residence address in
presence
Minnesota and demonstrate proof of either lawful
requirement:
short-term admission to the United States,
permanent United States resident status, indefinite
authorized presence status, or United States
citizenship.” MINN. R. 7410.0410 subpart 1 (2002).
SSN Required?
No
For Class D licenses (the primary category),
providing the applicant’s SSN is optional. SSNs are
required for other license categories.
MINN. ST. § 171.06 subd. 3(a) (2002) requires that
“[a]n application must . . . (3) for a class C, class B,
or class A driver’s license, state the applicant’s
social security number, or, for a class D driver’s
license, have a space for the applicant’s social
security number and state that providing the number
is optional, or otherwise convey that the applicant is
not required to enter the social security number . . .”
Mississippi
Lawful
Yes
MISS. CODE ANN. § 63-1-19 (2) (2002): “No person
presence
who is illegally in the United States or Mississippi
requirement:
shall be issued a license.”
SSN Required?
YesE
§ 63-1-19 (1)(c) requires that applicants who are
United States citizens provide their SSN, in
accordance with § 93-11-64.
§ 63-1-19 (2) provides that “[t]he application of a
person who is not a United States citizen and who
does not possess a social security number issued by
the United States government shall state the name,
date of birth, sex, race, color of eyes, color of hair,
weight, height and residence address, and whether or
not the applicant’s privilege to drive has been
suspended or revoked at any time...”
CRS-12
Missouri
Lawful
No
presence
requirement:
SSN Required?
YesE
“Every application [for a license] shall state the full
name, Social Security number, age, height, weight,
color of eyes, sex, residence, mailing address of the
applicant . . .” Mo. Ann. Stat. § 302.171(1) (2002).
But, applicants without a SSN may submit
“notarized affidavit . . . signed by the applicant
stating that the licensee does not possess a Social
Security number . . .” Mo. Ann. Stat. § 302.181(1).
Montana
Lawful
No
No explicit requirement, but applicants must submit
presence
at least one item from a list of primary documents,
requirement:
including identity documents issued by the U.S. or
Canada; valid passports from other countries, if
accompanied by an INS I-94 form or I-551 stamp; or
valid INS documents. Mont. Admin. R.
23.3.131(2)(d)-(e) (2002).
Applicants may request approval in the absence of
primary documentation in “rare, extremely
extenuating circumstances.” Mont. Admin. R.
23.3.131(4) (2002).
SSN Required?
Yes
“Applications must include the applicant’s Social
Security number.” Mont. Code Ann. § 61-5-107(2).
Nebraska
Lawful
No
presence
requirement:
SSN Required?
Yes
Neb. Rev. Stat. Ann. § 60-484(4) (2002).
CRS-13
Nevada
Lawful
No
Applicants must provide proof of age; applicants
presence
born outside the U.S. must provide U.S. government
requirement:
documentation, or “a driver’s license issued by
another state or the District of Columbia or other
proof acceptable to the department other than a
passport issued by a foreign government.” Nev.
Rev. Stat. Ann. 483.290(2)(b) (2002).
SSN Required?
YesE
“Every applicant who has been assigned a social
security number must furnish proof of his social
security number . . .” Nev. Rev. Stat. Ann.
483.290(4) (2002).
New Hampshire
Lawful
No
presence
requirement:
SSN Required?
Yes
SSNs are required to be provided by first time
applicants but not by those seeking renewals. N.H. §
263:40-A.
New Jersey
Lawful
Yes
“Each applicant for a license, permit or non-driver
presence
identification card shall be required to furnish to the
requirement:
Commission, upon request, proof of identity and
date of birth and proof that the applicant’s presence
in the United States is authorized under Federal
law.” N.J.A.C. § 13:21-8.2.
SSN Required?
Yes
“For all licenses issued or renewed in the State after
the effective date of P.L. 1996, c. 7(C.2A:17-56.41
et seq.), the licensing authority shall record the full
name, mailing address, Social Security number and
date of birth of the applicant or licensee.” N.J.
STAT.§ 2A:17-56.44(e).
CRS-14
New Mexico
Lawful
Yes
Noncitizen applicants who are ineligible for a SSN
presence
must provide “proof that they are in the United
requirement:
States legally or in compliance with United States
Immigration and Naturalization Service (INS)
regulations.” N.M. Admin. Code tit. 18, § 19.5.12.
SSN Required?
Yes
“An application shall contain the full name, social
security number or individual tax identification
number, date of birth, sex and New Mexico
residence ...” N.M. Stat. Ann. 66-5-9 (2002).
New York
Lawful
No
presence
requirement:
SSN Required?
YesE
An applicant for a license or a non-driver
identification card or an applicant renewing such a
license or such identification card must submit his
or her Social Security number or provide proof that
he/she is not eligible for a Social Security number.
15 NYCRR § 3.9 (2003).
North Carolina
Lawful
No
presence
requirement:
SSN Required?
Yes
“The application form shall request all of the
following information... (5) the applicant’s valid
social security number. The Division shall not issue
a license to an applicant who fails to provide the
applicant’s social security number.” N.C. Gen. Stat.
§ 20-7 (2003).
CRS-15
North Dakota
Lawful
No
presence
requirement:
SSN Required?
Yes
Every application must include the applicant’s
Social Security number. N.D. Cent. Code, § 39-06-
07.
Ohio
Lawful
Yes
Aliens other than legal permanent resident aliens are
presence
eligible for non-renewable licenses only. Legal
requirement:
presence is a requirement for obtaining a non-
renewable license. OAC Ann.4501:1-1-37
(Anderson 2003).
SSN Required?
YesE
“The registrar shall do both of the following: (1)
Require every applicant for a driver’s license,
temporary instruction permit, commercial driver’s
license, or identification card to submit the
applicant’s social security number, if one has been
assigned;(2) Verify that the number is valid.” ORC
Ann. 4501.31 (Anderson 2002).
Oklahoma
Lawful
Yes
Aliens must present valid documentation of
presence
“identity issued pursuant to the laws of the United
requirement:
States.” Okl. St. § 6-103 (2003).
SSN Required?
Yes
“Every applicant for a driver license shall state upon
the application...social security number...” 47 Okl.
St. § 6-106 (2003).
Oregon
Lawful
No
presence
requirement:
SSN Required?
No
ORS § 807.050 (2001) requires applicants for
commercial licenses to provide SSN.
CRS-16
Pennsylvania
Lawful
Yes
A noncitizen may apply for a license upon
presence
establishing a “lawful presence in the United
requirement:
States.” 75 Pa. C. S. § 1510.
SSN Required?
YesE
“An applicant shall include his social security
number on his license application,” but this
requirement is waived for “an otherwise eligible
person who has no social security number if the
person submits a waiver obtained from the federal
government permitting him not to have a social
security number.” 75 Pa. C. S. § 1510.
Rhode Island
Lawful
No
presence
requirement:
SSN Required?
No
South Carolina
Lawful
Yes
The term “resident of South Carolina” shall
presence
expressly include all persons authorized by the
requirement:
United States Department of Justice, the United
States Immigration and Naturalization Service, or
the United States Department of State to live, work,
or study in the United States on a temporary or
permanent basis who present documents indicating
their intent to live, work, or study in South Carolina.
S.C. Code Ann.
§ 56-1-40.
SSN Required?
Yes
S.C. Code Ann. § 56-1-90 (2002).
South Dakota
Lawful
Yes
“Any [noncitizen] applicant... shall, on making
presence
application for an operator’s license..., present a
requirement:
naturalization and immigration record authorizing
the applicant’s presence in the United States...”S.D.
Codified Laws § 32-12-3.1 (2002).
SSN Required?
Yes
S.D. Codified Laws § 32-12A-14 (2002).
CRS-17
Tennessee
Lawful
No
presence
requirement:
SSN Required?
Yes
Tenn. Code Ann. § 55-50-331 (2002). The statute
requires Division of Motor Vehicles to create a
form; form requires SSN, but statute does not
explicitly require it.
Texas
Lawful
No
presence
requirement:
SSN Required?
YesE
The Social Security number shall be obtained from
all applicants who have been issued a number by the
United States Social Security Administration. 37
TAC § 15.42 (2003).
Utah
Lawful
No
presence
requirement:
SSN Required?
YesE
An application must include an applicant’s “Social
Security number or temporary identification number
(ITIN) issued by the Internal Revenue Service for a
person who does not qualify for a Social Security
number. Utah Code Ann. § 53-3-205 (2003).
Vermont
Lawful
No
presence
requirement:
SSN Required?
No
CRS-18
Virginia
Lawful
Yes
“Notwithstanding any other provision of this title,
presence
the Department shall not issue an original license,
requirement:
permit, or special identification card to any applicant
who has not presented...valid documentary evidence
that the applicant is either (i) a citizen of the United
States, (ii) a legal permanent resident of the United
States, or (iii) a conditional resident alien of the
United States.” Va. Code Ann. § 46.2-328.1.
SSN Required?
Yes
“Every application shall state... social security
number, sex, and residence address of the
applicant...” Va. Code Ann. § 46.2-323.
Washington
Lawful
No
presence
requirement:
SSN Required?
YesE
An applicant is required to include his or her Social
Security number
“if the social security number is
required by state or federal law [e.g., in order to
comply with welfare/child support requirements]. If
the person’s Social Security number is not required
by state or federal law, the person may voluntarily
provide his or her Social Security number in order to
assist the department in verifying identity.” Wash.
Admin. Code § 308-104-014.
West Virginia
Lawful
No
presence
requirement:
SSN Required?
No
CRS-19
Wisconsin
Lawful
No
presence
requirement:
SSN Required?
YesE
Application must include applicant’s Social Security
number
if he or she has one, but if the applicant
does not have one he or she may alternatively
include “a statement made or subscribed under oath
or affirmation that the applicant does not have a
social security number.” Wis. Stat. § 343.14
(2002).
Wyoming
Lawful
Yes
No license may be issued or renewed for an
presence
individual who is in violation of the immigration
requirement:
laws of the United States. Wyo. Stat. Ann. § 31-7-
108 (2002).
SSN Required?
YesE
Each application is to contain the applicant’s “social
security number or
other numbers or letters deemed
appropriate . . . .” Wyo. Stat. Ann. § 31-7-111
(2002).
Note: This table is based on published statutes and regulations only and does not reflect unpublished
rules or administrative policies.
E State allows an exception to the Social Security number requirement