New Illinois Law Allowing Driver Licenses and State Ids for Noncitizens and Individuals without a Social Security Number

A press release from the State of Illinois in June 2023 announced that Governor Pritzker signed legislation into law that will allow undocumented immigrants and individuals without a social security number to obtain a standardized Illinois Driver’s License. This new law went into effect on July 1, 2024, and replaces the previous, Temporary Visitor Driver’s License (TVDL).

Why did Illinois decide to make this switch?

A major reason why Alexi Giannoulias, the Secretary of State for Illinois, says the switch was needed because “TVDL’s have become the Scarlet Letter of an individual’s immigration status and sadly exposes them to discrimination or immigration enforcement.” The goal of the new legislation is to “allow immigrants to obtain a standard driver license and prevent the stigma, instances of discrimination and will enable immigrants to use the standard license as identification for basic necessities like filing prescriptions or renting an apartment.” As Lawrence Benito, the CEO of the Illinois Coalition for Immigrant and Refugee Rights states, “this bill is another step toward full inclusion of immigrants.”

How do I know if I’m eligible to switch my TVDL to a standard Illinois Driver’s License? What is the benefit to switching?

An individual is eligible for a standard drivers license and state ID if they have been previously eligible for the Temporary Visitor Driver’s License (TVDLs) or if they are a new driver.

According to the State of Illinois and the Illinois Secretary of State, Alexi Giannoulias, the requirements for individuals to convert their license are as follows:

• Required to pass a driving test
• Have valid insurance
• Present identification documents such as a passport or consular card
• Must prove Illinois Residency for at least 1 year

If an individual already has a TVDL, they will need to pay one of the following:

• A renewal fee ($30) if your TVDL expires in less than 60 days OR
• A replacement fee ($5) if your TVDL is valid for more than 60 days

Benefits

Having the standard driver’s license allows an individual to rent an apartment, open a bank account or filing prescriptions. Additionally, the new law “restricts Illinois from sharing driver information and prohibits the use of data for immigration enforcement purposes.”

This means that immigration agents must provide a court-issued warrant, order, or subpoena to request information about an individual.

The State of Illinois, along with further explanation from the Illinois Coalition for Immigrant and Refugee Rights states the following about how to change your TVDL to the standard driver’s license:

• If you TVDL is set to expire within the next 60 days or you’re a new driver, you MUST get a standard driver’s license at a Secretary of State facility
• If your TVDL is set to expire in more than 60 days, you CAN get a standard driver’s license at the Secretary of State facility or request a replacement card online.

Even though it’s a standard driver’s license, will it look different from others who reside in Illinois?

Yes, it is anticipated that this driver’s license will look different than other Illinoisans, only in what the license states. For example, the new driver licenses will have the words, Federal Limits Apply, printed on them.

Would this new license allow me to register to vote?

No, this driver’s license will not allow noncitizens to register to vote. Only individuals who are U.S. citizens are allowed to vote in any U.S. federal election.

Will this driver’s license enable me to get the Real ID?

No, because the driver’s license states, “Federal Limits Apply”, this license will not make someone eligible for the Real ID nor eligible to vote in elections.

If you have additional questions about switching your driver’s license, you can either reach out to the Illinois Secretary of State and request the information or reach out to one of our attorneys for more information.