Texas Requires Proof of Lawful Status for Drivers Licenses and Identification Cards

Beginning Oct. 1, the Department of Public Safety will require applicants who are not U.S. citizens or lawful permanent residents of the United States to present proof of their lawful status in the U.S. before they are issued an original, renewal or duplicate Texas driver license or identification card.

Administrative rule 37 T.A.C. § 15.171 adopted on August 25, 2008, is intended to enhance the security of the Texas driver license and identification cards, protect the integrity of the licensing process and reduce the risk of identity theft and fraud. Strengthening identity and residency requirements assists DPS in issuing secure documents that are routinely used by financial institutions, retailers, law enforcement and other entities to establish the identity of their customers.

Under the new rule, the DPS will issue driver licenses or identification cards to non-U.S. citizens only when acceptable documentation has been provided to the Department to confirm the applicant’s lawful status in the United States. Upon verification of lawful status in the U.S. the individual will receive a license with a Temporary Visitor designation and status date on the face of the card. The new rule also requires the cardholder to provide proof that their lawful status has been updated or extended before DPS will issue a duplicate or renewal. DPS will cancel the license or ID card if the cardholder is unable to present valid documentation that shows federal approval to remain in the United States beyond the status date.

An applicant whose lawful admission period is less than six months will not be issued a driver license or identification card.

An individual who is not legally present in the United States because he or she has entered the country without permission, or has stayed beyond the period authorized by federal authorities, will not be granted a DL or ID card.

For more detailed information on the new rule, see the following information.

Rule 37 T.A.C. 15.171 Issuance of Driver Licenses and Identification Certificates to Non-citizens

(October 1, 2008)

A Citizen of the United States:

• If U.S. citizen, no documentation is needed.

A New US Citizen:

• The applicant must present:
  • Birth certificate issued by the appropriate U.S. state (or District of Columbia) Bureau of Vital Statistics or equivalent agency;
  • Certificate of U.S. Citizenship;
  • Certificate of U.S. Naturalization;
  • U.S. Citizen Identification Card; or
  • Identification Card for Resident Citizen of the United States.

A Lawful Permanent Resident of the United States:

• If the applicant is a lawful permanent resident of the U.S., the applicant must present:
  • Valid U.S. Dept. of State “Immigrant Visa”; or
  • Valid U.S. Resident Alien Card (Form I-551)

All others who are NOT a citizen or a lawful permanent resident of the United States:

• Must present valid documentation issued by the U.S. Dept. of Justice, U.S. Dept. of State, U.S. Dept. of Homeland Security, U.S. Immigration and Naturalization Service, or U.S. Bureau of Citizenship and Immigration Services, that shows LAWFUL TEMPORARY ADMISSION to the U.S.
• If unable to present lawful status documentation, NO DL or ID card will be issued.
• If documentation indicates a lawful temporary admission period of MORE than six months the Temporary Visitor designation and status date will be printed on the card. 
• If the lawful admission period in the U.S. expires in LESS than six months from the date of application, NO DL or ID card (original, renewal, or duplicate) will be issued.
• If documentation has an indefinite expiration date of lawful temporary admission (“D/S” or “Duration of Status”), the Temporary Visitor status date printed on the card will be one (1) year from the date of application.
• Prior to expiration of the Temporary Visitor status date, the applicant must present in-person at a driver license office, valid documentation of a status change or extension of stay in the U.S. and obtain a duplicate (or renewal) with an updated Temporary Visitor status date.
  • If the applicant does not provide the necessary documentation and update the Temporary Visitor status date on or before the status date expiration, the card will be cancelled and the person may not operate a motor vehicle until the cancellation has been lifted.
  • If the expiration date of the card expires on or before the Temporary Visitor status date, documentation will be required to update the Temporary Visitor status date when the card is renewed.

NOTE: Border Crossing cards are NOT acceptable for establishing a lawful temporary admission for a license or identification certificate.

Follow this link to receive detailed information regarding the Department’s Identification policy.