It's official: the Florida DMV requirement that changes access to driver's licenses for immigrants - El Comercio Peru
Key Takeaways
- Florida’s motor vehicle agency has formalized a requirement that limits recognition of certain out-of-state licenses issued to undocumented immigrants.
- The change stems from SB 1718 (2023), which directs Florida to deem invalid licenses “issued exclusively” to people who cannot prove lawful presence.
- Drivers using those licenses in Florida can be cited for driving without a valid license, with possible fines and criminal penalties.
- Florida continues to require proof of lawful presence for any new or renewed Florida license, verified through federal databases.
- Immigrants planning to drive in Florida should review acceptable documents and the state’s list of invalid out-of-state licenses.
What changed
It has been reported that Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV, the state’s “DMV”) has officially clarified that certain out-of-state driver’s licenses—specifically those created for people who cannot prove lawful presence—are not valid for driving in Florida. This step implements a key provision of SB 1718, the 2023 Florida law that, among other immigration measures, bars recognition of licenses “issued exclusively to undocumented immigrants.” The agency maintains a public list identifying affected license types from other states (often labeled “driving privilege cards,” “limited purpose,” or “drive-only” licenses).
Who is affected
This policy primarily impacts migrants who obtained a limited-purpose or driving-privilege license in another state and then travel or relocate to Florida. While some states allow residents to drive with such licenses regardless of immigration status, Florida does not. For immigrants with lawful status, the state still requires proof of lawful presence to issue or renew a Florida license—typically documents such as a Permanent Resident Card (green card), Employment Authorization Document (EAD), a valid I-94 showing unexpired authorized stay, or a passport with a valid U.S. visa and entry stamp—verified through DHS’s SAVE system. Undocumented individuals cannot obtain a Florida license under current law.
What this means if you drive in Florida now
If you hold an out-of-state license that was issued exclusively to individuals without proof of lawful presence, you risk being cited for driving without a valid license in Florida—a misdemeanor offense that can carry fines and potential arrest. Consider checking FLHSMV’s posted list of invalid out-of-state licenses and, if eligible, gathering acceptable federal immigration documents to apply for a Florida license. For those with pending cases (such as asylum applicants), an unexpired EAD or other DHS documentation recognized by FLHSMV may be necessary; receipts or notices alone often are not sufficient. When in doubt, consult the FLHSMV guidance or seek advice from an immigration or traffic attorney before driving in the state.
Source: Original Article