As of July 1, 2022, 18 U.S. states, the District of Columbia, and Puerto Rico issue driver's licenses or permits to some or all of the population residing without inspection in the United States. State laws permitting this are on the books in California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Nevada, Massachusetts, New York, New Jersey, Oregon, Utah, Vermont, Virginia and Washington.
California
In the state of California, obtaining a driver's license did not require proof of legal presence since the early 1990s. However, California blocked off this access in 1991, by asking all driver license applicants to provide proof of citizenship. Two years later, California explicitly committed to require proof of license to state issued driver's licenses by passing Senate Bill 976. Under SB 976 anyone requesting a driver's license from the Department of Motor Vehicles (DMV) needed to provide proof of lawful presence in the United States.
The more stringent requirements did not sit well with some of California's state legislators. Gil Cedillo, for example, chipped away at SB 976, an attempt to remove the legal presence requirement in California for state issued driver's licenses. In 2003, one of Cedillo's proposals (Senate Bill 60) gained significant support in California's State legislature, was signed by former Governor Gray Davis, but did not become a law
According to Tang (2018), Cedillo decided to scrap the bill because Governor Davis, who had signed the bill, was dealing with a gubernatorial recall election. Between 2006 and 2012, Cedillo continued the fight to remove the legal presence requirement in California to obtain driver's licenses. However, former Governor Arnold Schwarzenegger vetoed efforts to remove the legal requirement for licenses in California supported by state legislators such as Cedillo during his term as governor (November 17, 2003 – January 3, 2011).
According to Andrea Silva, assembly member Luis Alejo joined the fight to license illegal aliens in California early on in 2013. Various progressive organizations such as the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), the California Immigrant Policy Center (CIPC), the National Immigrant Law Center (NILC) and community activists rallied behind Alejo. However, not everyone was on board with the AB 60 law. For example, some groups such as Unlicensed to Kill and Californians for Population Stabilization resisted the measure. In the past, groups such as the Federation for American Immigration Reform have also supported requiring proof of legal presence to obtain CA driver's licenses.
In 2013, California removed the proof of legal presence requirement to obtain a state issued driver licenses. California Governor Jerry Brown signed Assembly Bill 60 (AB 60) into law. Currently still known under its bill number, AB 60 removes the legal proof requirement in California to apply for a state issued driver's licenses. These driver's licenses are not REAL ID Act compliant. This means holders of these driver's licenses could not use this identification to board an airplane, vote, or enter federal facilities. Moreover, all applicants need to have their vehicles insured. However, some California residents who do not support the AB 60 law questions whether these safeties are enough.
The AB 60 law did not take effect until the beginning of 2015. In the first twelve months, a little over 600,000 people in California met all the eligibility requirements to obtain a driver's license. This number continued to increase in the following months. By mid 2017, a little over 900,000 people without proof of legal presence in California obtained a driver's license under the AB 60 law. With an increase in AB 60 driver's licenses, at least one study suggests there has been a decrease in hit-and-run incidents.
Oregon
Oregon now issues such licenses, following the passage of the Equal Access To Roads Act (HB 2015) in the Oregon legislature; governor Kate Brown signed the bill into law on August 9, 2019, and it became effective immediately. Oregon also previously issued such licenses in 2008 and from 2013 until the 2014 Oregon Ballot Measure 88.
New York
Prior to 2002
Prior to 2002, obtaining a driver's license in New York did not require proof of legal presence.