19 US states allow undocumented immigrants to drive legally

While US Attorney General Pam Bondi announced legal action Wednesday against New York officials over a 2019 state law allowing immigrants to obtain state-issued driver's licenses regardless of legal status, the Empire State isn't alone in having such a mandate on the books.

At least 19 states and the District of Columbia have enacted similar laws, according to the National Conference of State Legislatures. They're often called “Green Light” or “Drive Only License” laws and some have been in effect for decades.

The details of these laws can differ by state, including whether a driver's information can be shared with federal authorities - a key sticking point for Bondi, who called New York's law a “green light to illegal immigration.”

Here's what you need to know about these special licenses:

Why is this an issue now?

As part of President Donald Trump's hardline immigration campaign promises, Bondi announced at her first news conference the federal government planned to sue New York Attorney General Letitia James and Gov. Kathy Hochul over the state's Green Light Law. While the legislation was enacted in part to help improve public safety on the roads and make it easier for the immigrant drivers to get insurance, there's a provision Bondi said requires the state's motor vehicles commissioner to inform license-holders when a federal immigration agency has requested their information.

“It's tipping off an illegal alien and it's unconstitutional.” she said. “And that's why we filed this lawsuit.”

Which states have these laws?

Besides New York, other states with drive-only laws include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Utah, Vermont, Virginia and Washington, which has the oldest one. It dates back to 1993 and allows people without Social Security numbers to provide alternative documentation to show proof of residence, such as a utility bill or a tax identification number.

Minnesota has one of the most recent laws. In 2023, requirements for applicants to show a legal presence were removed, affecting an estimated 81,000 people. While they're not asked for proof of US citizenship or permanent residence status, applicants must provide identifying documents such as an unexpired foreign passport or a certified birth certificate issued by a foreign jurisdiction.

Under the state law, Minnesota Department of Public Safety officials do not submit the names or personal information of applicants to any immigration law enforcement.

Are these like regular driver's license?

No. While the drive-only license-holders are typically tested on whether they understand the rules of the road, their license can't be used for federal and sometimes state identification purposes, or to vote. In Connecticut, for example, the state's Department of Motor Vehicles makes it clear on its website the license are only to be used for driving purposes and registering a motor vehicle.

Why don't some conservatives like them? 

Some conservatives have argued that drive-only licenses will encourage illegal immigration while others question whether they could lead to voter fraud in some states.

Former Massachusetts Gov. Charlie Baker, a Republican, vetoed a bill in 2022 that allowed immigrants without legal status to obtain a state driver's license “because it requires the Registry of Motor Vehicles to issue state credentials to people without the ability to verify their identity.” “Consequently, a standard Massachusetts driver's license will no longer confirm that a person is who they say they are,” he added in a letter to lawmakers.

The legislature overrode Baker's veto. Later that year, in a midterm election, voters agreed to uphold the measure in a statewide ballot measure.