NC DMV Unlawfully Refuses to Issue Updated Driver’s Licenses to Lawful Permanent Residents and Refugees

RALEIGH, N.C. – The American Civil Liberties Union of North Carolina (ACLU-NC) and the North Carolina Justice Center sent a letter demanding corrective action from the North Carolina Division of Motor Vehicles (DMV) after refugees and lawful permanent residents (LPRs) reported being unlawfully denied updated driver’s licenses.

ACLU-NC and the NC Justice Center have received multiple reports that the DMV is denying regular, full-term driver’s licenses to LPRs and refugees in a manner inconsistent with the documentation and eligibility standards set forth in North Carolina law and the DMV’s own policies. These practices appear to violate the Equal Protection and Due Process Clauses of the United States and North Carolina Constitutions and, with respect to refugees, a 2023 declaratory ruling by the DMV. The DMV’s limitation of licenses for LPRs also likely violates the North Carolina Administrative Procedure Act, which requires formal rulemaking to adopt policies of this kind.

Reports indicate that DMV officers are telling individuals who obtain LPR or other indefinite lawful status to continue using licenses bearing outdated “no lawful status” designations or legal presence expiration dates until the licenses expire, rather than issuing updated licenses upon a change in status. Officers are also reportedly refusing to issue licenses to refugees when they present appropriate documentation. In 2023, the DMV issued a declaratory ruling confirming refugees’ eligibility for driver’s licenses and identifying acceptable proof of legal presence, yet multiple refugees have been turned away despite presenting those documents.

When North Carolinians are forced to carry driver’s licenses that inaccurately reflect their immigration status, they face stigma, discrimination, and heightened risk of interrogation, detention, or referral to federal immigration authorities. These inaccurate designations may also interfere with employment, housing, banking, access to government services, and other daily activities, while effectively requiring individuals to disclose their immigration history whenever they present identification.

To address these issues, ACLU-NC and the NC Justice Center request that the DMV take the following actions by June 5, 2026:

• Implementing procedures for the prompt issuance of replacement licenses to individuals who were unlawfully denied updated full-term licenses;
• Immediately issuing replacement licenses to individuals who have obtained lawful permanent resident status or another form of permanent or indefinite lawful status;
• Issuing guidance to all DMV offices confirming this change;
• Providing and publishing written confirmation that refugees who present the documentation identified in the 2023 declaratory ruling are eligible for licenses; and
• Issuing guidance to all DMV offices confirming this eligibility.

These actions are necessary to eliminate unlawful barriers to accurate driver’s licenses and ensure that DMV officers implement licensing policies consistently, lawfully, and without discrimination against refugee and immigrant North Carolinians.

“Our letter highlights the unlawful barriers that North Carolinians of various immigration statuses have faced while trying to obtain driver’s licenses they are legally entitled to,” said Michele Delgado, Staff Attorney at ACLU-NC. “We urge the DMV to bring its policies in line with the law so North Carolinians can have identification documents that accurately reflects their status — especially during a time when immigrant rights are under severe attack.”

“There is no justification for denying our community members licenses to which they are lawfully entitled,” said Maryam Khan, Staff Attorney with the Immigrant & Refugee Rights Project at the NC Justice Center. “We look forward to the DMV promptly remedying this discriminatory practice.”

Read the full letter below.