Can Undocumented Immigrants Get a Maryland Driver’s License?

Yes. Undocumented immigrants can get a Maryland driver’s license under Section 16-122 of the Maryland Transportation Code, which directs the Motor Vehicle Administration to issue a non-REAL ID license to qualifying residents who lack proof of lawful immigration status or a Social Security number.¹ The catch is timing: two consecutive years of Maryland tax filings are required before you can apply, so most people need to plan at least two years ahead.

Who Qualifies

Section 16-122, added by the Maryland Highway Safety Act of 2013, sets three core requirements for a first-time applicant:

You certify that you do not have a Social Security number and cannot document lawful immigration status.
You filed a Maryland income tax return for each of the two preceding years, or you were claimed as a dependent on someone else’s Maryland return for those two years.
You meet every other standard licensing requirement: age, identity, vision, driver education, and passing the knowledge and skills tests.

The statute expressly excludes commercial driver’s licenses. This route is for non-commercial driving only.¹

Start With an ITIN

Because you need two years of Maryland returns and you cannot file without a taxpayer number, most applicants begin by getting an Individual Taxpayer Identification Number from the IRS. An ITIN is a nine-digit number issued to people who must file taxes but are not eligible for a Social Security number.

You apply on IRS Form W-7, attached to the front of your federal return. The IRS requires original identity documents or certified copies from the issuing agency. A passport is the only standalone document accepted; without one, you need a combination such as a national ID card, foreign driver’s license, or birth certificate.² You can mail Form W-7 to the IRS or submit it in person at an IRS Taxpayer Assistance Center or through a Certifying Acceptance Agent. Mail processing takes several weeks, and originals are returned after review.

Once you have an ITIN, you file Maryland returns for two consecutive years. Only then are you ready for the next gatekeeping step.

Get Your Tax Certification From the Comptroller

Before you can book an MVA appointment for this license, the Maryland Comptroller’s office must confirm your two years of filings in a free certification letter. The MVA will not accept applicants without it, and walk-ins are not accepted for this license type.³

There are two ways to get the letter. If you filed both years as the primary or secondary taxpayer, you can self-certify online through the Comptroller’s website and print the letter. If you cannot self-certify, or if you were claimed as a dependent rather than filing your own return, you must schedule an appointment with the Comptroller’s office online or by calling 1-800-MD-TAXES (410-260-7980).

At an in-person appointment, bring a photo ID, your ITIN letter from the IRS, and a completed Maryland Form 130 (Request for Certification of Tax Filings). Do not sign Form 130 in advance; the representative will have you sign in person. The name on your ITIN letter must match the name on your photo ID. If they do not match, update your records with the IRS before visiting the Comptroller.⁴

The certification letter is free and valid for 12 months from its issue date. After receiving it, wait at least 24 hours before scheduling your MVA appointment.³

What to Bring to the MVA

At your appointment, plan to present documents in three categories:

Proof of identity and age. An unexpired foreign passport is the most commonly used document. An unexpired consular identification card also works. The document must show your photo, name, and date of birth.
Your tax certification letter from the Comptroller.
A certification, signed at the MVA, that you do not have a Social Security number.

Application under Section 16-122 is handled in person.¹

Driver Education and Testing

Every first-time driver in Maryland must complete a certified driver education program: 30 hours of classroom instruction and 6 hours of behind-the-wheel training, regardless of age.⁵ Expect a cost of several hundred dollars. If you hold a valid driver’s license from another country, you also need a 3-hour alcohol and drug education course approved by the state.

After your documents are verified, you take a written knowledge test on Maryland traffic laws and road signs. The MVA offers the test in many languages, including Spanish, Arabic, Chinese, Korean, Vietnamese, Farsi, and others.⁶ Passing gets you a learner’s permit.

You must hold the learner’s permit for a minimum period before taking the road test. Applicants 25 and older wait a minimum of 45 days; younger applicants wait 90 days or longer. During that time, you must log supervised practice driving hours, and you can only drive with a licensed driver in the front passenger seat. The final step is the road test with an MVA examiner and a vision screening.⁷ Pass it, and the MVA issues the license.

Fees

New license applicants age 21 and older pay $88, prorated at $11 per year based on the license’s validity period. Renewals are charged at $8 per year.⁸ The two-year tax-filing rule applies specifically to first-time applicants under this section, so renewals do not restart the Comptroller certification process from zero, though you still need to show continued eligibility. The MVA may require renewal in person.

What This License Cannot Do

A Section 16-122 license lets you legally drive a non-commercial vehicle in Maryland, buy auto insurance, and use it for many everyday identification purposes. It carries several hard limits that a standard REAL ID license does not:

It is not accepted for federal official purposes. You cannot use it to board a domestic flight, enter a federal building, or access a military base. Air travel requires a passport or another REAL ID compliant document.
It cannot be used to purchase a firearm. The statute requires that limitation to be printed on the face of the license.¹
The card itself must state on its face that it is not acceptable for federal official purposes.
You cannot hold this license together with any other Maryland driver’s license, permit, or identification card.

Privacy of Your MVA Records

Maryland’s General Provisions Article restricts disclosure of MVA personal information for immigration enforcement. Someone who receives that information may not share it with any person or agency for immigration enforcement unless presented with a valid warrant issued by a federal or state court. The same restriction covers inspection of public records containing personal information and facial recognition searches of MVA photo databases.

In practice, the MVA cannot hand over your application data to Immigration and Customs Enforcement on request alone. A court-issued warrant identifying the records is required. No state protection is absolute against all federal action, and a warrant in a criminal investigation can reach your records. Because the license is not REAL ID compliant, it also does not feed into the same federal verification systems that standard licenses do.

Common Reasons Applications Are Denied

The most frequent problem is documentation. If your tax filings do not cover two full consecutive years, or your Comptroller letter has expired, the MVA will turn you away. Name mismatches between the ITIN letter and the photo ID are also common and easy to fix by updating IRS records before you start.⁴

Submitting false documents is much more serious. The MVA reviews documents for authenticity, and fraud can lead to denial and criminal charges. Standard disqualifiers apply too: a suspended driving privilege in another state, outstanding warrants, or serious traffic convictions can all sink an application.

Why the Wait Is Worth It

Driving without any valid license in Maryland carries up to one year of imprisonment, a fine of up to $1,000, or both, for a first offense. A second offense within three years rises to up to two years of imprisonment and the same maximum fine.⁹ A conviction also loads 12 points onto any future Maryland license, which can trigger suspension.

For someone without lawful status, a traffic arrest also creates exposure beyond the criminal penalty, particularly if booking information reaches federal databases. Two years of tax filings and a paperwork trail through the Comptroller is a long path, but it is a legal one, and it ends with a card that lets you drive, insure a car, and identify yourself in daily life.

1
Maryland General Assembly. Maryland Transportation Code 16-122 – Issuance or Renewal of Identification Cards, Moped Operators Permits, or Licenses to Drive That Are Not Acceptable by Federal Agencies for Official Purposes
2
Internal Revenue Service. Instructions for Form W-7
3
Comptroller of Maryland. Obtain MVA Tax Certifications
4
Maryland Comptroller. Request for Certification of Tax Filings (Form 130)
5
Maryland Department of Transportation Motor Vehicle Administration. Driver Education
6
Maryland Department of Transportation Motor Vehicle Administration. MVA News – Knowledge Test Languages
7
Maryland Department of Transportation Motor Vehicle Administration. Vision Requirements
8
Maryland Department of Transportation Motor Vehicle Administration. MVA Fee Listing
9
Maryland General Assembly. Maryland Transportation Code 16-303 – Driving While License Is Refused, Suspended, Canceled, Revoked, or While Privilege Is Canceled or Revoked