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Senate approves law barring recognition of out‑of‑state licenses issued to people without lawful presence

3221426 · April 7, 2025
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Summary

The Tennessee Senate passed House Bill 749 to make out‑of‑state driver’s licenses issued to people lacking lawful U.S. presence invalid for driving in Tennessee; supporters said it protects state policy, opponents raised constitutional and profiling concerns.

The Tennessee Senate voted to pass House Bill 749, a measure to prohibit Tennessee from recognizing driver’s licenses that other states issue specifically to people who are not in the United States lawfully. Leader Johnson, the bill’s sponsor on the floor, said the measure would require the Department of Safety to publish and maintain a list of out‑of‑state license types that Tennessee will not recognize.

Proponents argued the bill enforces existing state policy that only people lawfully present in the U.S. should hold recognized driving privileges in Tennessee. Sponsor Leader Johnson told the chamber the Department of Safety would maintain a publicly available reference for law enforcement so officers could identify licenses that, he said, are issued to people without lawful presence.

Opponents warned of constitutional and practical problems. Senator Yarbrough cited the U.S. Constitution’s full faith and credit principles and argued the move risks conflict with interstate obligations. Senator Lamar and others raised concerns about the bill’s operational effects, saying it could lead to profiling and create enforcement challenges at state borders and for people lawfully traveling through Tennessee. Senator Lamar also questioned whether people who are undocumented can obtain licenses at all and worried the measure could unfairly target travelers from neighboring states.

Sponsor Johnson replied that the Department of Safety’s online list would identify specific license designs or categories unique to certain states’ undocumented‑status licenses and that the law would be limited to the authority to operate a motor vehicle in Tennessee, not other uses of identification.

The measure passed on final consideration; the clerk announced that the bill had received the constitutional majority and the president declared it passed. The transcript records the final passage but does not include a numeric rollcall tally in the floor record excerpt.