Can Illegal Immigrants Get a Driver's License in Texas?

Given the size of Texas (fun fact: the Lone Star State is the country’s second-largest state after Alaska), getting behind the wheel is a big step toward independence and opportunity for any person. This includes immigrants who live and work in the state. While getting a driver’s license is generally a straightforward process, it carries challenges and risks if you are an illegal immigrant.  

For many undocumented immigrants in Texas, the question of obtaining a driver's license is not just about legality. It's about access to jobs, education, and healthcare. But the problem is that any immigrant applying for a driver’s license in the state must be able to verify their lawful presence in the U.S.  

“Does it mean I will never be able to drive a car in Texas?” you might be wondering if you are an illegal immigrant. Not so soon. As an immigration attorney at Calehr Law Firm, I can help you understand everything you need to know about obtaining a driver’s license when you cannot verify your lawful presence in the country and what risks—if any—applying for a driver’s license may entail.  

How Is Immigration Status Verified When Applying for a Driver's License in Texas?

When you apply for a driver's license in Texas, one of the first steps is verifying your immigration status. The Texas Department of Public Safety (DPS) will request several documents to establish your identity and residency status, including passport, visa, or other government-issued ID. The verification process is strict and aims to ensure that licenses are issued only to legally present individuals. 

Applicants must also provide proof of residency in Texas, which can include utility bills or rental agreements. The DPS cross-references these documents with immigration databases to confirm your status. If everything checks out, you can proceed with the application process. However, as an undocumented immigrant, this process is anything but easy.  

Limited Term Driver’s License or ID When the Status Isn't Verified

In cases where immigration status cannot be immediately verified (yes, the process is quite time-consuming), Texas may issue a limited term driver’s license or ID. These are temporary and contingent upon the applicant's ability to prove residency and identity through other means. While this is an option for some, it is not a guarantee, as acceptance varies based on individual circumstances. 

A limited term driver’s license is marked distinctly and indicates a specific expiration date, often aligning with the validity of any available documentation. It serves as a temporary solution, allowing some undocumented individuals to drive legally for a short time. 

Despite its benefits, a limited term driver’s license is a double-edged sword. It might offer temporary relief but does not resolve underlying issues related to immigration status.  

What If You Have a Valid Foreign License?

Some immigrants possess a valid driver's license from their home country, and Texas recognizes foreign licenses from certain countries. If your foreign license is valid, you might legally drive in Texas for a limited period. However, the rules vary depending on international agreements and reciprocal recognition between countries. 

Driving with a foreign license is typically allowed for non-residents or temporary visitors. But if you plan to stay long-term (over 90 days)—or if you're working and living in Texas—you'll likely need to transfer your foreign license to a Texas license. This transfer process can involve additional testing or documentation. 

Nonetheless, even with a valid foreign license, driving without a Texas license may expose you to legal risks, especially if you are pulled over by law enforcement and they see that you’ve been driving with your license for more than 90 days after your arrival in the U.S.  

What Are the Risks of Applying for a Driver's License as an Illegal Immigrant?

Applying for a driver's license as an undocumented immigrant carries serious risks. The primary concern is the possibility of exposing your immigration status to authorities, which could potentially lead to deportation proceedings.  

Another risk is the potential for identity theft or fraud charges if you use false documents in the application process. Such charges can have severe legal consequences, complicating your situation further and jeopardizing any future attempts to regularize your status. 

In addition, the application process can result in a denial, which places you in a tricky situation. Driving without a license is illegal and can lead to fines, arrest, and further complications. Thus, you need to carefully weigh the risks against the benefits when considering applying for a license as an illegal immigrant. And since everyone’s situation is unique, it might make sense to speak with an attorney before you (a) apply for a driver’s license or (b) decide that enjoying freedom of movement is not worth the risk in your situation.  

Want to Get a Driver’s License as an Illegal Immigrant? Let’s Discuss Your Options

As an immigration attorney, I believe it is not fair that a person’s freedom of movement can be restricted based on their immigration status alone. At Calehr Law Firm, I fight tirelessly to help immigrants enjoy the same rights as U.S. citizens. If you think your life would become better if you had a driver’s license, then why not explore your options? Yes, that’s even if you are an illegal immigrant. Call my office today to set up a consultation and discuss your specific situation to put your mind at ease.