Can an Undocumented Person in New Mexico Get a Driver’s License?

In a small number of U.S. states, someone who was born outside the U.S. and who has no legal U.S. immigration status (in other words, is "undocumented" or "illegal") can nevertheless obtain a driver's license. It will be what's called a "Standard License." (Undocumented persons cannot receive a REAL ID Act-compliant driver's license as discussed below). This article explains New Mexico's law on getting a Standard License (formerly called a Driver's Authorization Card or DAC) if you are an undocumented person.

Does Getting a New Mexico Driving Authorization Card Make Me Legal in the U.S.?

Unfortunately, successfully obtaining a New Mexico DAC card does not confer any sort of lawful immigration status in the United States. It simply means that you are allowed to operate a vehicle within the state of New Mexico and to carry a photo identity card proving that fact. Like all states, New Mexico has no power to legalize your U.S. immigration status—this is a matter governed solely by U.S. federal law. (For an overview, see What's the Easiest Way to Get a U.S. Green Card?.)

That means, for instance, that you cannot use your New Mexico DAC for federal identification purposes or to vote in U.S. elections. And because it's not considered a "REAL ID" card, you won't be able to use it to fly on commercial planes or to enter certain federal buildings or facilities starting May 7, 2025.

Eligibility for a New Mexico Driver's Authorization Card

As an undocumented person looking into whether you are eligible for a New Mexico DAC without having legal status or a Social Security Number (SSN), the first question is whether you can meet the basic terms set out in the New Mexico Statutes, at NM Stat § 66-5-9.

This law requires you to:

• provide personal information, such as your name, birth date, and gender
• prove your identity and age (which you can do with some combination of documents such as a Social Security number (SSN), individual tax identification number (ITIN), passport from your country of citizenship, or an identification card from the consulate of Mexico in Albuquerque, New Mexico or El Paso, Texas or such other foreign consulate with which the Motor Vehicles Department (MVD) has established a reliable method of verifying the authenticity of the identification card, a valid New Mexico license or identification card, a certified letter of enrollment or a valid identification card issued by a federally recognized Indian nation, tribe, or pueblo, or some other type of document that the MVD has agreed to accept)
• disclose whether you have any convictions for driving under the influence (DWI) in New Mexico or any other state or jurisdiction—and if you have any, show that you have successfully completed an approved DWI prevention and education program
• if you are between the age of 18 and 25, and this is your first New Mexico license, submit evidence of having successfully completed a bureau-approved DWI prevention and education program
• provide documents showing that you live in New Mexico, and
• acknowledge that you understand that a Standard License is not valid for federal purposes.

You must also satisfy other basic New Mexico requirements related to obtaining a drivers' license, such as showing that you can drive. In addition, you will need to pay a fee. Unlike in the past however, you will not be fingerprinted.

Note that, if you plan to present documents in a language other than English, you will need to submit a certified translation into English.

Who Should NOT Apply for a New Mexico Driving Authorization Card

Think twice about applying if you have a record of driving while under the influence of alcohol or drugs or other criminal record, have been ordered deported (removed) in the past, or have used false documents to obtain a past drivers' license. Consult with an experienced immigration attorney about the risks before applying.

While applying for a license does not normally cause the New Mexico MVD to turn someone's name over to federal authorities, it probably could not refuse such a request if you run into trouble with the law.

What Your New Mexico Standard License Card Will Look Like