Driving Without a License: Immigration Consequences in Texas

 Posted on September 12, 2025 in Immigration

For many undocumented immigrants in Texas, the everyday tasks that many of us take for granted (driving to work, taking our children to school, running errands) can come with significant legal risks. Unlike some states (like Illinois), Texas does not issue driver’s licenses to undocumented residents.

This leaves thousands of working people with a tough choice: risk driving without a license or struggle to survive without being able to drive. Driving without a driver’s license in Texas as an undocumented immigrant is much more serious than a mere traffic violation. You can be criminally charged and face jail time, as well as serious immigration consequences, including deportation.

If you do not have lawful status in the United States, it is crucial that you understand how a simple traffic stop can quickly spiral into an immigration nightmare. It can be beneficial to consult with an experienced Plano, TX family immigration lawyer before you find yourself in such an untenable situation.  

How Does Texas View Driving Without a Valid Driver’s License?

Under Texas Transportation Code Section 521.021, all drivers in the state must be licensed. A first offense is typically a misdemeanor, carrying a fine of up to $200. There is a difference between driving without a license and driving while your license is suspended. Driving while your license is suspended is a much more serious offense, typically charged as a Class C misdemeanor for a first offense and a Class A misdemeanor for a subsequent offense, with potential jail time of up to a year and fines as high as $4,000 for a subsequent offense.  

Why Is It Different for an Undocumented Immigrant Who Is Found Driving Without a License?

Since Texas does not allow undocumented residents to apply for driver’s licenses, a traffic stop – whether for a traffic infraction or during a roadblock – can lead to an arrest when no valid license or ID is provided. Fingerprinting and booking in the county jail can trigger an immigration check.

A referral to ICE through the Secure Communities program is likely. Even the most minor charge will appear in the undocumented immigrant’s record, adversely affecting future visas, asylum applications, or green card applications. Some counties in Texas have closer cooperation with ICE than others, which can significantly increase the risk of removal.

Are There Any Valid Defenses for an Undocumented Immigrant Caught Driving Without a License?

A skilled attorney may be able to challenge the validity of the traffic stop, showing there was no probable cause to stop the undocumented immigrant. The attorney may ask for prosecutorial discretion regarding immigration proceedings, or explore limited alternatives such as a state ID card (that is not valid for driving).

All undocumented immigrants in Texas who are forced to drive to work without a valid license should know their rights in the event of a traffic stop. Remain silent and always refuse a search of the vehicle. It is a good idea to carry identifying documentation, but only copies, never originals. When possible, plan alternative transportation like ridesharing or carpooling.  

Contact a Dallas, TX Immigration Lawyer

One simple mistake - like driving in Texas without a driver’s license - can have life-altering consequences for undocumented immigrants. What begins as a simple traffic stop can quickly escalate into an arrest, an ICE hold, and deportation. If you or a loved one has been arrested for driving without a license in Texas, do not wait. Consult with an experienced Plano, TX family immigration attorney from the Law Office of Jae Lee.

Attorney Lee understands the unique issues experienced by undocumented immigrants. He can work with clients remotely when necessary and offers one-on-one guidance. When you choose the Law Office of Jae Lee, you will work directly with Attorney Lee, whose own parents went through the immigration process. Call 214-295-3014 to schedule your free consultation.