Tennessee is set to impose new criminal penalties on undocumented immigrants who drive in the state using licenses issued elsewhere, marking another significant step in the state’s aggressive immigration enforcement strategy. Beginning Jan. 1, undocumented drivers with licenses from certain states could face jail time and fines if stopped by law enforcement.
House Bill 749, signed into law in April by Gov. Bill Lee, makes it a Class B misdemeanor for undocumented immigrants to drive in Tennessee using licenses issued by states that grant driving privileges regardless of immigration status. The offense carries penalties of up to six months in jail and fines of up to $500.
Currently, 19 states and Puerto Rico allow undocumented residents to obtain some form of driving privilege, according to the National Conference of State Legislatures. Tennessee lawmakers argue that those policies undermine immigration enforcement and public safety by allowing individuals without lawful status to move freely across state lines.
Under the new law, the Tennessee Department of Safety and Homeland Security is required to publish a list of out-of-state licenses that are not valid for driving in Tennessee. As of Friday, the department’s website listed only Delaware and Connecticut, though the list may expand as enforcement begins.
The measure was passed separately from a broader immigration package enacted during a special legislative session in January. That legislation, Senate Bill 6002, introduced additional requirements for driver’s license renewals. Under the law, lawful permanent residents renewing a license or permit after Jan. 1 must provide proof of U.S. citizenship. Those unable to do so will receive a temporary license marked distinctly from standard credentials.
The temporary licenses may not be used as voter identification, reinforcing Tennessee’s effort to tighten election security and limit the use of state-issued identification to lawful purposes. Supporters argue the change closes loopholes that could be exploited under looser identification standards.
Senate Bill 6002 also created a new Centralized Immigration Enforcement Division to coordinate immigration-related efforts across the state. Gov. Lee appointed Ryan Hubbard, a former federal immigration enforcement agent, to lead the division shortly after the law took effect in July. State officials say the division is intended to strengthen cooperation with federal authorities and ensure consistent enforcement.
Another provision of the law establishes a Class E felony for elected officials who vote in favor of sanctuary city policies. Sanctuary jurisdictions are already illegal under Tennessee law, and supporters say the added penalty ensures local officials comply rather than defy state policy.
The legislation sparked debate during the session, particularly over whether criminal penalties were necessary. Sen. Todd Gardenhire, R-Chattanooga, offered an amendment to remove the misdemeanor penalty for undocumented driving, but the proposal was defeated.
Immigration policy is expected to return to the forefront when the General Assembly reconvenes on Jan. 13. Lawmakers may revisit Senate Bill 836, sponsored by Sen. Bo Watson, R-Hixson, which would allow schools to inquire about a student’s immigration status before enrollment. The bill passed the Senate but stalled in the House after opposition from groups including the Knox County Board of Education.
Supporters of Tennessee’s approach argue the measures reinforce the rule of law, protect public safety, and discourage policies that incentivize illegal immigration. Critics contend the laws risk legal challenges and could strain public institutions.
As enforcement begins in the new year, Tennessee is poised to become one of the strictest states in the nation when it comes to recognizing out-of-state licenses issued to undocumented immigrants.
