States issue driver's licenses under the authority of the tenth Amendment. Congress authorized Real ID in 2005, making guidelines for state-authorized driver's licenses, including proof of legal status.
Sixteen states and the District of Columbia have sanctioned laws to permit undocumented immigrants to acquire driver's licenses. These states—California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Utah, Vermont, Virginia and Washington—issue a permit if a candidate provides certain documentation, for example, a foreign birth declaration, identification, or consular card and proof of current residency in the state.
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