Driver’s Licenses for Non-Citizens and Undocumented Persons in Illinois

Non-citizens, including undocumented residents, are eligible to apply for a valid Illinois driver’s license. The current law ensures that all Illinois residents, regardless of immigration status, may obtain a standard driver’s license marked “Federal Limits Apply.”

Wirth Law is proud to assist non-citizens through this process and provide legal guidance on driver’s license eligibility and documentation. In addition to helping first-time applicants, our office represents drivers of all immigration statuses in Secretary of State hearings for suspended or revoked licenses.

Illinois Law on Driver’s Licenses for Non-Citizens

Under 625 ILCS 5/6-105.1, Illinois allows individuals who are not eligible for a Social Security Number to obtain a driver’s license. Prior to July 1, 2024, eligible undocumented individuals were issued a Temporary Visitor Driver’s License (TVDL). After that date, following the enactment of Public Act 103-0211, all qualified residents receive a standard Illinois driver’s license that includes the marking “Federal Limits Apply.”

This license allows lawful operation of a motor vehicle throughout Illinois, regardless of immigration status.

End of the TVDL Program – Public Act 103-0211

Public Act 103-0211 became effective on July 1, 2024 and officially ended the TVDL program. This law ensures that all residents, regardless of citizenship or immigration status, are issued a standard driver’s license if otherwise eligible.

Key changes under the law include:

• Replacing the TVDL with a standard license marked “Federal Limits Apply”
• Removing the purple color and “Not Valid for Identification” label
• Eliminating visual distinctions previously associated with undocumented status
• Maintaining rigorous documentation, testing, and insurance requirements

The reform reflects Illinois’s commitment to roadway safety, driver accountability, and equal treatment under state law.

Required Documents for Non-Citizens

In order to apply for an Illinois driver’s license, non-citizens must provide the following items to the Illinois Secretary of State:

• Proof of identity and date of birth (e.g., valid foreign passport or consular ID)
• Proof of Illinois residency for the past 12 months
• Two documents showing current address (e.g., lease agreement, utility bill)
• Proof of insurance for the vehicle used in the road test
• A signed affidavit confirming ineligibility for a Social Security Number

All applicants must pass the written exam, vision screening, and road test. Appointments with the Secretary of State must be scheduled in advance.

Information Privacy and Immigration Enforcement

Illinois law contains privacy protections for individuals applying for a driver’s license under Section 6-105.1. The Secretary of State is prohibited from sharing personal data with immigration authorities, except as required by a court order or other legal mandate.

Specifically, under 625 ILCS 5/6-105.1(g):

“Information provided to the Secretary of State by an applicant for a temporary visitor’s driver’s license shall be used solely for the purpose of the Secretary of State’s duties under this Code and shall not be disclosed to any other person, except as required by law.”

This provision remains in effect and continues to govern the handling of personal data for all driver’s license applicants, including those issued a license marked “Federal Limits Apply.”

In addition, the Illinois Freedom of Information Act (FOIA) provides exemptions that further protect personal information. Under 5 ILCS 140/7(1)(b) and (1)(c), personal and private information, including driver’s license numbers, home addresses, and other identifying details, is exempt from disclosure under FOIA requests.

These safeguards ensure that driver’s license information is not accessible to U.S. Immigration and Customs Enforcement (ICE) or other federal immigration authorities through public records requests or routine information sharing.

Illinois also maintains a strong constitutional right to privacy under Article I, Section 6 of the Illinois Constitution, which has been interpreted to protect individuals from unreasonable searches or disclosures of personal information.

Limitations of the “Federal Limits Apply” Driver’s License

The standard Illinois driver’s license marked “Federal Limits Apply” cannot be used for:

• Boarding domestic flights
• Entering federal facilities
• Establishing eligibility for federal public benefits or employment
• Satisfying federal REAL ID requirements

The license provides legal authorization to operate a motor vehicle in Illinois, but it does not confer lawful immigration status or qualify as federally recognized identification. Individuals with questions about immigration or residency status should consult an immigration attorney. Wirth Law focuses exclusively on driver’s licensing and related matters before the Illinois Secretary of State.

Does the License Indicate Immigration Status?

No. The current standard driver’s license does not indicate a person’s immigration or citizenship status. The only distinguishing language is the phrase “Federal Limits Apply,” which appears on the licenses of many individuals, including U.S. citizens who opt out of the federal REAL ID program.

Prior to 2024, the TVDL had a distinctive purple design and carried a visible restriction stating “Not Valid for Identification.” These features have been eliminated under Public Act 103-0211 to ensure that license holders are not subject to unfair treatment based on the type of license issued.

Police officers and public officials are not authorized to assume immigration status based solely on the presence of a “Federal Limits Apply” license.

Wirth Law Welcomes Non-Citizen Clients

Our office proudly represents non-citizens seeking driver’s licenses and related relief through the Illinois Secretary of State. Our firm is committed to protecting the rights of all Illinois residents, regardless of immigration status.

Wirth Law has focused exclusively on Illinois driver’s license reinstatement and DUI defense for over twenty years. We have extensive experience reinstating licenses after various suspensions and revocations. Our practice offers competitive pricing and flat rates. With offices in Chicago and Naperville, we regularly help individuals regain driving privileges in Cook, Will, Kane, Kendall, Lake, Kankakee, Dekalb, and Winnebago Counties. We also represent out-of-state drivers who have an Illinois hold on their driving privileges.

Our practice is known for its exceptional client service and strong record of success with license reinstatement cases. Jennifer Wirth, managing attorney, has received multiple awards recognizing her commitment to client advocacy, including perfect “10” ratings on Avvo and Justia, the Martindale-Hubbell Client Champion Award, and selection as one of the top DUI defense attorneys in Chicago by Expertise.com. Her approach to legal representation is grounded in professionalism, compassion, and an in-depth understanding of Illinois Secretary of State hearing procedures.

Wirth Law offers free consultations and payment plan options through Affirm. To schedule a consultation, contact Wirth Law at (312) 761-8290 or email jennifer@wirthlaw.org.

Further Reading: Illinois Traffic Law

• Area of Practice: Illinois Traffic Law
• Mandatory and Discretionary Revocations
• Fake Identification Suspensions
• Financial Responsibility Suspensions
• Failure to Appear
• Licensing for Non-Citizens and Undocumented Persons
• Illinois Driving Records and Abstract Codes
• Penalties for Driving on Suspended or Revoked License
• Forms of Driving Relief after an Illinois Revocation