House approves bill barring recognition of out-of-state licenses issued only to undocumented immigrants

2865704 ยท April 3, 2025

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Summary

House passed HB 749, prohibiting recognition of out-of-state driver's licenses that are issued exclusively to individuals without lawful presence and marked as such. Supporters called it an enforcement tool; opponents raised constitutional and civil-rights concerns.

The Tennessee House on Friday approved House Bill 749, which prohibits the state from recognizing out-of-state driver's licenses that are issued specifically to individuals who are not lawfully present in the United States and that bear a marking to indicate that status.

Sponsor Rep. Reeves said the bill targets "special purpose" licenses that certain states issue solely to undocumented immigrants and asked the Department of Safety to maintain a public list of those licenses so law enforcement would have guidance. "Tennessee will not recognize driver's licenses from other states that are issued exclusively to individuals without legal status and have a marking to indicate that," Reeves said.

Opponents argued the bill will criminalize lawful travel and create enforcement and civil-rights risks. Rep. Behn invoked historical analogies and said the measure "criminalizes people not based on their conduct, but the kind of driver's license they carry," warning of profiling and administrative punishment. Representative Clemens raised constitutional questions about interstate travel and commerce, asking whether Tennessee troopers would ticket motorists lawfully licensed elsewhere who simply drive through the state.

Reeves said the bill applies only to licenses that are marked as issued exclusively to people without lawful presence and does not affect DACA recipients or green-card holders. He also noted the state would follow the example of Florida, which passed a similar law in 2023, and told colleagues that to his knowledge Florida's law has not been successfully challenged.

Floor action: The House voted to pass the measure after debate. The final tally as recorded on the floor was 68 yeas and 21 nays.

Effect and limitations: The bill does not change federal immigration law; it declines to recognize certain out-of-state documents and creates a class B misdemeanor for driving with such a license in Tennessee, the sponsor said. The text as discussed applies only to licenses "issued exclusively" for those without lawful presence and those marked accordingly; sponsors said lawfully present immigrants and standard out-of-state IDs remain valid for Tennessee.

Supporters framed the bill as a tool to uphold the integrity of the state's driver-licensing system; opponents called it unnecessary, constitutionally suspect and likely to cause profiling and legal challenges. The measure will return for final processing under normal legislative procedure.