Proposed legislation could invalidate out-of-state driver’s licenses for undocumented immigrants

OKLAHOMA CITY — A bill introduced by an Oklahoma lawmaker would not recognize driver’s licenses granted to undocumented immigrants by other states. 

Rep. Molly Jenkins, R-Coyle, introduced House Bill 1043 which bars undocumented immigrants from driving vehicles using licenses issued in other states. 

While Oklahoma does not issue licenses to undocumented immigrants, 19 states offer this group driving privileges, including neighboring New Mexico and Colorado, according to the National Conference of State Legislatures.

Florida passed similar legislation which went into effect in July 2023, prohibiting the use of out-of-state licenses for undocumented immigrants from five states. 

A driver using these out-of-state licenses could be penalized with a citation for driving without a license.

Driving without a license is a misdemeanor in Oklahoma that carries a penalty of a fine between $50 and $300, up to 30 days of imprisonment, or both. 

Jenkins said in a statement that she has not spoken to anyone in law enforcement on the bill. 

“House Bill 1043 is a bill to protect the citizens of Oklahoma,” she said. “In the event a driver’s license is issued to an undocumented immigrant by any other state, that license would not be valid in the state of Oklahoma and the undocumented immigrant would be issued a citation for driving without a license. Living in America is a privilege and only citizens should be afforded the right to operate a motor vehicle.”

A spokeswoman for the Oklahoma Department of Public Safety said she had no comment on the proposed legislation.

Rep. Arturo Alonso-Sandoval, D-Oklahoma City, said many undocumented Oklahomans depend on out-of-state licenses for basic needs like driving to work or taking their kids to school.

“If we’re going to talk about restricting out-of-state licenses, we should focus on creating our own solution right here at home,” said Alonso-Sandoval, a member of the Latino Caucus, in a statement. “Oklahoma can step up and extend driver’s licenses to folks who are already part of our communities and help make our state strong. These are our neighbors who work alongside us, pay their taxes, and share the same Oklahoma values of working hard and putting family first. I’d get behind a bill that actually recognizes how much these families contribute by making sure everyone can drive legally and safely.”

The Oklahoma State Work Permits and Visa Task Force commissioned by Gov. Kevin Stitt issued recommendations in September to “bolster our workforce and create opportunities for those who are here contributing to our communities and economy.” 

Among the recommendations was issuing qualified migrants with Driving Privilege Cards. A spokesperson for Stitt, however, said the governor would not issue licenses to undocumented immigrants or follow the recommendations of the task force. 

Research from the American Sociological Association shows that when states give driver’s licenses to undocumented immigrants, it can also affect nondrivers. For example, it can improve birth outcomes for children of immigrants when parents are relieved of the stressor of driving without authorization.