Illinois Drivers’ Licenses Now Available for Undocumented Migrants

 Posted on August 21,2024 in Immigration

While federal and state immigration laws seem to change at a dizzying pace, a recent Illinois change brings good news to many. The recent passage of a new law in the state allows undocumented residents to be eligible to receive a four-year driver’s license. Beginning as HB 3882, the law took effect on July 1, 2024. After only being able to obtain a Temporary Visitor’s Driver’s License, this new law decreases the stigma for undocumented residents while creating a more equitable system.

If you have questions regarding the requirements for the Illinois driver’s license or you have any other immigration issues, an experienced attorney from Unzueta Law Group, P.C. can help. When you choose an Itasca, IL immigration attorney who has intimate knowledge of the immigration process, as well as the federal agencies involved, your situation immediately improves.  

What Are the Differences Between a TVDL and a Driver’s License?

The Secretary of State’s office issued a TVDL to those who had been granted temporary legal entry into the U.S., were temporary residents of Illinois, and were ineligible for a Social Security number. Acceptable documents proving date of birth, name, Illinois residency, and verification of a written signature were required, and those between the ages of 18 and 20 were required to present proof of a 6-hour adult driver education program.

The TVDLs were valid for either four years or for the time the individual was authorized to remain in the U.S., whichever period was shorter. Appropriate fees and auto insurance were also required. The purple line and the letters TVDL across this type of license were likened by some to being equal to a "Scarlet Letter," saying it exposed recipients to discrimination.

A regular driver’s license not only makes the roads safer but also enables immigrants to use the license as identification for basic necessities like renting a place to live. Under the new law, an undocumented immigrant must be able to prove residency within the state for at least a year, have a passport or consular card, and have proof of auto insurance to obtain a regular driver's license.

The individual must also pass a driving test. While the rules are much the same, undocumented immigrants need not fear that showing their TVDL will trigger deportation proceedings once they have a regular license. The driver’s license received now looks almost exactly like the driver’s license of any Illinois resident. It is estimated that approximately 300,000 TVDLs are currently issued to undocumented immigrants in the state, which can now be replaced with a "real" driver’s license.

The new licenses for undocumented immigrants will have "Federal Limits Apply" on them. However, the state is not allowed to share any information about anyone who obtains a license with any immigration enforcement agency. The new licenses do not allow undocumented immigrants to register to vote.

Are Other States Providing Driver’s Licenses to Undocumented Immigrants?

While Illinois is the most recent state to allow undocumented immigrants to obtain a regular driver’s license, these states had this law in place before Illinois: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, Rhode Island, Massachusetts, and Minnesota. Having a driver’s license allows undocumented immigrants to drive legally in the state, making it easier to get to and from work, run errands, and visit friends and family.

Contact a DuPage County, IL Immigration Attorney

When you choose Unzueta Law Group, P.C., you will benefit from a local family firm with more than 20 years of experience in immigration law. We understand our country and our state is made up of immigrants from all across the world, along with their descendants.

Our firm also recognizes the challenges that many immigrants face in their quest to come to America legally, a process that is often confusing and overwhelming. An Itasca, IL immigration attorney from Unzueta Law Group, P.C. can assist you with any immigration issue you have. Call 630-509-2363 to schedule an appointment. Se Habla Espanol.