The Impact of North Carolina Driver’s License Requirements and the REAL ID Act of 2005 on Unauthorized Immigrants

The identification requirements for obtaining a North Carolina driver’s license have changed significantly over the past fifteen years. Amendments to the state’s driver’s license requirements have been enacted to achieve various purposes not directly tied to the ability of an unauthorized immigrant to be licensed, including the enforcement of child support laws and residency requirements. Statutory amendments enacted after the federal REAL ID Act of 2005, however, have expressly aimed to prohibit the issuance of licenses to unauthorized immigrants. This article describes the evolution of the state law governing the issuance of driver’s licenses, the state’s current licensing requirements, the requirements of the REAL ID Act and its implementing regulations, and North Carolina’s efforts toward REAL ID compliance.