Undocumented immigrants are not eligible to obtain a REAL ID, but some may still have access to other forms of identification issued by certain U.S. states.
In the United States, the gradual implementation of the REAL ID Act continues to raise important questions—especially regarding the rights of immigrants without legal status. One of the fundamental principles of this law is that any identity document compliant with REAL ID must verify the holder’s lawful presence in the country.
To obtain such a document, applicants must provide their state’s motor vehicle agency with proof of residency as well as documentation showing legal presence in the U.S. This requirement automatically excludes undocumented individuals, making them ineligible for a REAL ID.
However, this does not mean they are completely without access to official identification. In fact, several states continue to issue non-compliant identification cards or driver’s licenses to undocumented residents.
The Department of Homeland Security (DHS) makes this clear:
“The REAL ID Act permits compliant states to issue driver’s licenses and identification cards in cases where an applicant’s identity cannot be verified or where lawful presence cannot be determined,” according to the DHS website.
“In practice, several states currently issue non-compliant cards to undocumented individuals.”
It is important to note that beginning May 7, 2025, a REAL ID-compliant document will be required to board domestic flights and to access certain federal facilities. However, the DHS warns against making assumptions about someone’s immigration status based solely on the type of ID they carry.
“DHS advises against assuming that possession of a non-compliant card necessarily means the individual is undocumented,” the site adds. “People may hold such cards for many reasons unrelated to their immigration status.”
Those who are not eligible for a REAL ID may still travel within the United States if they present other acceptable documents, such as a valid passport issued by their country of origin. Additionally, some states offer Enhanced Driver Licenses (EDLs), which can serve as a compliant alternative for certain domestic travel and federal purposes.
To help you better understand the REAL ID requirements, CTN is hosting a free webinar on May 12 at 7:00 PM (EST).
Register now by clicking the link below.
