Can Undocumented Immigrants Get a REAL ID in California?

Undocumented immigrants cannot get a REAL ID in California. Federal law requires proof of lawful status in the United States to issue one, and that is the one requirement an undocumented resident cannot meet. California does, however, issue a standard driver’s license to any eligible resident regardless of immigration status under Vehicle Code Section 12801.9, commonly called an AB 60 license. The card carries the words “Federal Limits Apply” and is fully valid for driving in California and for many everyday identification needs.

Why REAL ID Is Not Available

The REAL ID Act sets minimum standards every state-issued driver’s license or ID card must meet to be accepted for federal purposes. One of those standards is documented proof of lawful status: a U.S. passport, a birth certificate, a foreign passport with a valid visa and approved I-94, or a similar record.¹ Without one of those documents, the DMV cannot issue a REAL ID, no matter how long you have lived in California or how complete the rest of your application is.

TSA now enforces this at airport checkpoints. To board a domestic flight, you need a REAL ID-compliant license or another federally accepted document such as a U.S. passport, passport card, permanent resident card, or military ID. A valid unexpired foreign passport is also accepted at TSA checkpoints, and for AB 60 holders it is usually the most practical option for domestic air travel.²

The AB 60 License

Vehicle Code Section 12801.9 directs the DMV to issue a driver’s license to any person who cannot provide proof of authorized presence in the United States, so long as the person meets every other licensing requirement and provides acceptable proof of identity and California residency.³ The law comes from Assembly Bill 60, signed in October 2013 and effective January 1, 2015.

The card looks different from a REAL ID. The front reads “Federal Limits Apply.” The back states that the card is not acceptable for official federal purposes, that it is issued only as a license to drive, and that it does not establish eligibility for employment, voter registration, or public benefits. It is valid for five years.⁴ A related change will let the DMV issue AB 60-style state identification cards (not just driver’s licenses) no later than July 1, 2027.³

What You Need to Apply

An AB 60 application calls for two things: proof of who you are, and proof that you live in California. A Social Security Number is required only if one has already been legally issued to you. If you have never been issued one, you do not need to provide one.⁵

Identity Documents

The DMV accepts a range of foreign-issued documents, including:

A valid foreign passport approved by the DMV.
A consular identification card, such as the Mexican Matrícula Consular (2014 or 2022 versions).
A foreign birth certificate or adoption record.
A federal electoral card, such as the Mexican Instituto Nacional Electoral (INE) card (2014 version).
A foreign national ID card or foreign driver’s license.

Any document not in English must come with a certified translation or affidavit of translation.⁶

Residency Documents

You need documents showing your name and a California address. Utility bills (including cell phone bills), rental or lease agreements signed by both landlord and tenant, and medical documents are all accepted.⁶

Secondary Review

If you do not have the standard primary identity documents, the DMV runs a secondary review. You submit as many alternative records as you can gather, including school records, U.S. tax returns, court documents filed in the United States, a U.S.-issued driver’s license, marriage or domestic partnership records, or a DHS Form I-589 (Application for Asylum). The DMV then evaluates the combination.⁶ More documents mean a stronger case.

How the Application Works

Start the application online (the EDL 44) or fill out the paper DL 44 at a field office, then book an in-person appointment to submit your documents.⁷ At the appointment, the non-refundable fee for an original Class C license is $46, and the application stays valid for 12 months.⁸ You will take a vision exam, give a thumbprint, have your photo taken, and sit for the written knowledge test. Pass that, and you can schedule the behind-the-wheel driving test. Bring a safe vehicle with valid insurance and registration on test day.⁹

The DMV offers free interpreter services. You can request one at the office or call 1-800-777-0133 to schedule an appointment when an interpreter is available, in languages including Spanish, Chinese, Korean, Vietnamese, Tagalog, Arabic, Armenian, Farsi, Hindi, Punjabi, and Russian.¹⁰

What the License Lets You Do, and What It Doesn’t

An AB 60 license is a full California driver’s license. You can legally drive anywhere in the state, and state and local law enforcement must treat it like any other license during a traffic stop, at a checkpoint, or in any other interaction. It also works as identification for many everyday purposes, including opening a bank account or dealing with state agencies.

What you cannot do with it:

Board a domestic flight. TSA does not accept the AB 60 license; use a valid foreign passport or another federally accepted document.²
Enter restricted federal facilities, including military bases and certain federal buildings.
Present it to federal immigration or border officers. Do not hand an AB 60 license to ICE, CBP, or TSA; use a different form of identification in those interactions.
Cross an international border. The card is not valid for re-entry to the United States from any country. A passport or other travel document accepted by CBP is required.

Work Authorization

An AB 60 license does not prove you are authorized to work, and the card says so on the back. For federal Form I-9, however, it may count as a List B document that establishes identity. USCIS guidance states that employers may accept state-issued licenses with restrictive notations for I-9 identity purposes.¹¹ A List B document on its own is not enough; the employee must also present a separate List C document showing employment authorization.

Do Not Register to Vote

California’s New Motor Voter Program automatically registers eligible people to vote during a DMV transaction. The system is programmed to block that option on AB 60 transactions, and DMV staff cannot bypass it. Still, if you are ever prompted to register during any interaction with the DMV or another agency, do not do so unless you are a U.S. citizen.

The federal consequences are severe. Voting in a federal election as a non-citizen is punishable by a fine and up to one year in prison.¹² A non-citizen who votes in violation of any federal, state, or local election law is also deportable, and falsely claiming U.S. citizenship on a registration form can trigger deportation whether or not any vote is cast.¹³

Privacy and Anti-Discrimination Protections

Vehicle Code Section 12801.9 makes it illegal for any state or local government agency, or any program that receives state funding, to discriminate against someone because they hold or present an AB 60 license. The same section bars those entities from alerting law enforcement about your identity or AB 60 status unless they would have done the same for any other license holder.³

The federal Driver’s Privacy Protection Act generally prohibits state motor vehicle departments from disclosing personal information obtained through motor vehicle records, with limited exceptions for government functions, court proceedings, insurance matters, and vehicle safety.¹⁴ California added further restrictions through AB 1747, which took effect in 2020 and limits the use of the California Law Enforcement Telecommunications System for immigration enforcement, requires justification for database inquiries seeking non-criminal-history information, and authorizes the Attorney General to audit compliance.

If Your Status Changes Later

If you gain lawful immigration status later, through an approved asylum application, a green card, Temporary Protected Status, or another pathway, you may become eligible for a REAL ID. The DMV notes that AB 60 holders who qualify may be able to upgrade.⁴ A REAL ID application requires proof of lawful status, a Social Security Number, proof of California residency, and proof of identity. DACA recipients with valid Employment Authorization Documents and Social Security Numbers may also qualify for a temporary REAL ID-compliant license.¹

1
U.S. Department of Homeland Security. REAL ID Frequently Asked Questions for the Public
2
Transportation Security Administration. Acceptable Identification at the TSA Checkpoint
3
California Legislative Information. California Vehicle Code 12801.9
4
California State Department of Motor Vehicles. AB 60 Driver’s Licenses
5
CA Immigrant Rights. What AB 60 License Holders Need to Know About REAL ID
6
California State Department of Motor Vehicles. AB 60 Wizard
7
California State Department of Motor Vehicles. Apply Online for a Driver License or ID Card
8
California State Department of Motor Vehicles. Licensing Fees
9
State of California Department of Motor Vehicles. Section 3 – The Testing Process
10
California State Department of Motor Vehicles. Interpreter Services
11
U.S. Citizenship and Immigration Services. List B Documents That Establish Identity
12
Office of the Law Revision Counsel. 18 U.S. Code 611 – Voting by Aliens
13
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
14
Office of the Law Revision Counsel. 18 U.S. Code 2721 – Prohibition on Release and Use of Certain Personal Information From State Motor Vehicle Records