As travelers traverse the highways of the United States, they often encounter welcoming signs as they enter new states. Yet, not every state offers an open road to all drivers. In Florida, for instance, individuals holding special out-of-state licenses issued to those residing illegally in the country are not permitted to drive. Wyoming has enacted a similar restriction, and the governor of Tennessee has indicated his intent to sign like-minded legislation. The underlying message, although not visible on any signage, has been echoed with Tennessee House Majority Leader William Lamberth candidly stating, โThe sign says, โWelcome to Tennessee, illegal immigrants are not welcome.'โ
Amidst President Donald Trumpโs stringent stance on illegal immigration, Republican legislators across several states are spearheading efforts to impose laws on individuals without legal authorization to reside in the U.S. These new laws stand in stark contrast with policies in 19 states and Washington, D.C., which issue driverโs licenses without requiring proof of legal residency. Meanwhile, the Justice Department is attempting to revoke a New York law that protects driverโs license data from federal immigration officers.
The debate over driverโs licenses has fueled diverging policies across states, even as the federal government strives for uniformity. Starting May 7, the U.S. will begin enforcing a 20-year-old law that mandates national standards for state driverโs licenses to serve as identification for adults accessing specific federal facilities or boarding domestic commercial flights. Licenses compliant with the REAL ID Act will feature a star, requiring evidence of Social Security number and lawful U.S. citizenship or residency.
Nonetheless, states are still free to issue non-REAL ID licenses to residents who might not provide documentation, provided they fulfill other requirements such as passing a driving test. Most states offering licenses to undocumented immigrants do not differentiate between these and other licenses through visual markers. However, states like Connecticut and Delaware have designated special identifiers on the licenses for those residing illegally in the U.S.
In 2023, Florida became the pioneer in nullifying certain out-of-state licenses. A law signed by Governor Ron DeSantis classified driving in Florida with a license marked for undocumented immigrants as a misdemeanor, carrying penalties of fines and potential incarceration. At present, this law targets only the specially marked licenses of Connecticut and Delaware, based on the Florida Department of Highway Safety and Motor Vehicles.
Connecticut has issued approximately 60,700 โdrive-onlyโ licenses to individuals unable to verify lawful presence. Delaware has not publicly provided such data. Last year, Connecticutโs Democratic Governor Ned Lamont suggested eliminating the special designation for undocumented immigrantsโ licenses, instead offering them standard non-REAL ID licenses. However, this proposal did not reach a vote.
In addition to Florida and Tennessee, at least six other Republican-majority states have considered measures to invalidate specific out-of-state licenses issued to undocumented immigrants. Such legislation passed one legislative chamber in states like Alabama, Montana, and New Hampshire, and proposals have surfaced in North Dakota, Oklahoma, and South Carolina.
Senator Chris Elliott, sponsor of the pending Alabama bill, advocates for deterring illegal immigrants from traveling to or staying in Alabama. Conversely, Democratic Senator Linda Coleman-Madison urged that welcome signs include notices of such license prohibitions, expressing concern about the unwelcoming nature of these laws.
This legislative impulse reflects a broader trend of state interference in federal immigration enforcement, noted Kathleen Campbell Walker, an immigration attorney. While the tangible effects of these laws remain debatable, the symbolic implications create palpable concern, particularly among Florida advocates for immigrants who note that no clear enforcement instances have yet been observed.
California, a state permitting undocumented immigrants to obtain driverโs licenses, mirrors the sentiment of unease and fear engendered by Trumpโs immigration policies. Robert Perkins, a Los Angeles attorney, observes heightened apprehension even among those with legal licenses, fearing travel beyond their stateโs boundaries.