Florida AG: NJ licenses for undocumented immigrants are invalid here

(FLORIDA) Florida officials have drawn a hard line on out-of-state driver’s licenses issued to undocumented immigrants, declaring that New Jersey licenses issued under that state’s program are invalid on Florida roads. As of August 31, 2025, Florida does not recognize New Jersey driver’s licenses issued to undocumented immigrants, and state leaders have stepped up enforcement, with special focus on commercial drivers.

Florida Attorney General James Uthmeier announced in August a formal probe into “sanctuary jurisdictions” that issue commercial driver’s licenses (CDLs) to undocumented immigrants, citing recent crashes that involved out-of-state CDL holders. “If you’re here illegally or can’t speak English, you have no business operating large commercial vehicles on Florida’s roads,” Uthmeier said. “If you have obtained a driver’s license from one of these sanctuary states like California, Washington, or in the case of the driver from last night, New Jersey, those licenses are no good here.”

Policy and legal framework

The move rests on Florida Statute 322.033, which says any driver’s license issued by another state “exclusively to unauthorized aliens or undocumented immigrants who are unable to prove lawful presence in the United States” is invalid in Florida.

• The statute covers both standard licenses and CDLs when issued under programs for undocumented immigrants.
• Law enforcement must treat those licenses as invalid during stops or inspections.
• Drivers can face fines, arrest, and vehicle impoundment.

The statute is published on the Florida Senate’s website and is available here: Florida Statute 322.033.

According to analysis by VisaVerge.com, state-to-state differences on driver’s licenses now matter more than ever, because police can check the issuing state, license class, and program type at the roadside. In Florida, that check can decide whether a license counts at all. The impact is sharpest for commercial drivers who cross state lines daily and must confirm both license validity and employment eligibility rules.

Enforcement push and federal request

Florida has stepped up enforcement measures aimed at detecting unrecognized out-of-state licenses, particularly among commercial vehicles:

• Increased inspections at entry points and along trucking corridors
• Added pullover lanes and weigh-station activity
• Deployment of X-ray machines to screen commercial vehicles

The Attorney General has also requested federal action:

1. Asked the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration to revoke CDL program authority from states issuing CDLs to undocumented immigrants.
2. Requested that federal funding be stripped from those states.

As of August 31, 2025, there has been no public response to that request.

Agriculture Commissioner Wilton Simpson supports the border inspection surge, saying more checkpoints will keep unsafe drivers off the road. State officials argue that allowing undocumented immigrants to hold CDLs in other states creates avoidable risks in Florida—especially when drivers carry heavy loads or operate oversized rigs on busy highways.

New Jersey’s licensing program

Since May 1, 2021, New Jersey has allowed undocumented immigrants to apply for a standard (non-REAL ID) license.

• Applicants must prove identity and New Jersey address.
• They may use an Individual Taxpayer Identification Number (ITIN) if they don’t have a Social Security number.
• Applicants must pass written, vision, and road tests.
• The license is distinct from REAL ID and is not valid for federal identification.

New Jersey’s standard licenses for undocumented immigrants are not marked as such, which can make quick visual checks harder across state lines. Florida’s statute addresses that by framing non-recognition around the issuing state’s program, not a physical mark on the card. In practice, if an officer or inspector confirms a license was issued under a program for undocumented immigrants, it does not authorize driving in Florida.

Impact on drivers and employers

For undocumented immigrants who hold New Jersey licenses, the bottom line is clear:

• They cannot legally drive in Florida.
• If stopped, the license will be treated as invalid.
• Penalties can include tickets, arrest, and vehicle impoundment.

For CDL holders, consequences are more severe:

• A stop can halt a load mid-route, triggering towing and storage costs.
• It can lead to job loss or contract penalties.
• Some carriers are rerouting or reassigning drivers to avoid Florida runs unless drivers hold licenses recognized by the state.

Florida residents and visitors who are U.S. citizens or lawful immigrants with standard New Jersey licenses remain unaffected, provided their licenses were not issued under the undocumented immigrant program. For them, the license remains valid in Florida. Still, lawyers advise:

• Carry backup identity documents and proof of lawful status when driving interstate.
• Especially for commercial trips, have records ready to reduce confusion during inspections.

How stops and inspections play out

• Officers review the issuing state and license class during a traffic stop or at a weigh station.
• If the license appears to be issued under an undocumented immigrant program, it is treated as invalid.
• The driver may be cited or detained, the vehicle may be impounded, and if the driver is undocumented, referral to federal authorities can follow.

The inspection boost at state borders means more trucks will meet Florida officers before they reach delivery points. That adds pressure on dispatchers to confirm license status before routing loads into Florida.

Safety debate and legal outlook

Florida officials say the policy protects the public after high-profile crashes, including an August 12, 2025 fatal crash tied to an out-of-state CDL. They argue that permitting undocumented immigrants to drive heavy vehicles raises safety and liability concerns.

Immigrant advocates counter that licensing undocumented immigrants improves road safety by ensuring testing, insurance, and accountability; they emphasize a license does not grant federal immigration status.

Legal experts note:

• Florida’s law is clear within state borders, but legal challenges could arise.
• Advocates may argue that federal rules on commercial licensing and interstate commerce preempt state non-recognition policies.
• No major court decisions on this specific conflict have been reported to date.

Key takeaway: Florida’s enforcement is statute-backed and focused on protecting roads, but legal and federal policy disputes could shape future outcomes.

Planning ahead — recommendations for drivers and companies

Drivers and companies should prepare for strict enforcement in Florida, especially for commercial routes:

1. Confirm whether a New Jersey license was issued under the undocumented immigrant program; if so, do not drive in Florida.
2. For CDL trips, verify drivers meet both Florida and federal requirements and carry records ready for inspection.
3. Keep contact information for counsel who can respond quickly if a vehicle is impounded after a stop.

Practical steps for carriers and dispatchers:

• Screen driver records for issuing-state program details before routing to Florida.
• Maintain contingency plans for rerouting or swapping drivers if a license will not be recognized.
• Budget for potential towing, storage, and legal costs in enforcement scenarios.

Florida’s position—and the Attorney General’s public messaging—signals more roadside checks, not fewer. The state’s mix of statute-backed non-recognition, border inspections, and a call for federal action suggests this policy will remain a priority, especially for commercial drivers.