License Procedure for Undocumented Immigrants

Here's what undocumented immigrants need to do to get a driver's license in New York

What documents will you need?
The new law lays out three documents that will be accepted:
  • An unexpired passport issued by the applicant's country of citizenship
  • An unexpired identification document issued by a consulate from the applicant's country of citizenship
  • A valid foreign driver's license that includes a photo of the applicant and is either unexpired or expired within the prior two years
The law gives the commissioner of the state Department of Motor Vehicles the ability to approve other proofs of age and identity at a later date in addition to the three above.Applicants also have to prove they live in New York by providing documentation, such as a utility bill with their name and address on it.
Will I have to have a Social Security number?
No. If you don't have a Social Security number, you will have to sign an affidavit swearing that you have never been issued one.
Will your driver's license be valid for federal purposes?
No. The driver's licenses issued to undocumented immigrants won't comply with federal requirements, which means they can't be used to board flights.The law allows the state DMV to stamp "Not for Federal Purposes" on driver's licenses issued to those using foreign documents to prove their age and identity.
The license also cannot be used to register to vote. If an applicant falsely claims they are a citizen in order to register to vote, it's punishable by a fine of up to $5,000 and up to four years in prison.
Can the feds access your application or data?
The new law says information from an individual's driver's license and learner's permit applications — including their photo — can only be released under three circumstances:
  • The applicant requests a copy of the information
  • It's required to update the National Driver Register, which allows states to share information about individual driving records
  • A court order, subpoena or a judicial warrant signed by a judge is issued
The law specifically prohibits the state DMV from turning any information over to U.S. immigration officials, including ICE and Customs & Border Protection, without a court order, subpoena or judicial warrant.