With increased enforcement against immigrants under the Trump administration, drivers in Michigan need to know their rights any time they get behind the wheel. A simple traffic stop can raise questions about legal status and, in some cases, lead to detention.
Immigrants and visa holders are encouraged to understand Michigan’s driving laws, which may differ from other states. In this state, U.S. citizenship is not required to obtain a driver’s license. However, proof of legal presence is. That can mean permanent resident status, a valid visa, or employment authorization.
Driving without a license is a misdemeanor that carries up to 93 days in jail. The greater risk, though, comes when a driver or even a passenger cannot show proof of legal presence. That situation can lead to arrest, and in many cases, law enforcement can notify immigration authorities. The safest step in those situations is to remain silent and have an attorney you can call right away.
Student and Work Visa Drivers
Students and workers in the U.S. on valid visas can drive legally, but only if they obtain a driver’s license from the state where they live. Meeting Michigan’s residency and documentation requirements is part of the process.
What many visa holders don’t realize is how serious even minor charges can become. A ticket for speeding or another civil infraction should not cause major immigration problems, but an arrest for a misdemeanor can. Immigration officials often review visa holders who are arrested, which can lead to loss of status, visa revocation, or denial of future applications.
That’s why anyone on a student or work visa should never accept a plea agreement before consulting with an attorney who understands both criminal defense and immigration law. What might seem like a quick fix in traffic court can still count as a conviction under immigration law. One example is the Holmes Youthful Trainee Act (HYTA), which gives young people ages 18–25 a chance to avoid a permanent criminal record if they complete probation and meet certain conditions. While Michigan courts may treat HYTA as a dismissal, immigration law does not. For immigration purposes, it is still treated as a conviction, and it can have devastating consequences for someone’s visa or future immigration status.
Foreign and International Driver’s Licenses
Another area of confusion involves foreign driver’s licenses and International Driving Permits (IDPs). Many people think an IDP alone allows them to drive in the U.S. That is not true. An IDP only serves as a translation of a foreign license. To drive in Michigan, visitors must carry a valid, unexpired license from their home country along with the IDP.
If a driver is pulled over and presents only the IDP, it will be treated the same as driving without a license. For immigrants and visa holders, this is not a small issue. A misdemeanor traffic offense may seem manageable at first, but it can alert immigration authorities and trigger much harsher actions, including detention, cancellation of a visa, or even deportation.
Michigan law also separates drivers from treaty and non-treaty countries. Drivers from non-treaty countries must show proof of legal presence and provide either a license in English or a certified translation. Drivers from treaty countries, on the other hand, do not need to provide proof of legal presence. For a list of treaty and non-treaty countries, click here.
Why This Matters
For immigrants and visa holders, driving in Michigan is more than just a matter of following traffic laws. A traffic stop can easily cross into immigration enforcement, and the smallest decision — whether it’s carrying the right license or agreeing to a plea in court — can affect a person’s status and future in the U.S.
Knowing the rules, understanding your rights, and speaking to an attorney before making legal decisions are the best ways to protect yourself. Whether you are here on a student visa, work visa, or permanent resident card, the laws are clear: you must have the proper license, you must be able to prove your legal presence, and you must handle any criminal or traffic charges with extreme care.
Driving is part of everyday life in Michigan. But for immigrants, it’s also a reminder that even ordinary moments can carry extraordinary consequences. Staying informed and prepared can make the difference between a traffic stop and a much larger legal problem.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24/7 English-Spanish line at 248.951.2450 or reach out to us at Atiya Law.