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DACA and State Driver’s Licenses

The Deferred Action for Childhood Arrivals (DACA) policy permits individuals who arrived in the United States before the age of 16 and who meet other age, education, continuous presence, and criminal history-related requirements to remain in the United States for a renewable two-year period and to apply for work authorization. The federal REAL ID Act specifically identifies deferred action as a lawful status that would permit the issuance of a federally recognized driver’s license.

However, because the rules governing eligibility for driver’s licenses are determined at the state level, a DACA grant does not automatically provide eligibility for a state driver’s license. Because the REAL ID Act federally recognizes deferred action as lawful presence, there are strong arguments for states to issue driver’s licenses to deferred action grantees. DACA recipients who do obtain work authorization and social security numbers qualify under the eligibility rules for a driver’s license in almost every state. Currently, otherwise-eligible DACA grantees can get a driver’s license in every state except Arizona and Nebraska. Litigation challenging the denial of driver’s licenses to DACA grantees in those two states is ongoing.

For more information about DACA, please contact our office.