Tennessee judge blocks driver's license rule for legal noncitizens

A judge in Tennessee has signed a temporary restraining order that stops the state from enforcing a new driver's license rule. The ruling comes in a lawsuit filed by the Tennessee Immigrant and Refugee Rights Coalition, or TIRRC, against the Tennessee Department of Safety and Homeland Security. The organization shared the news of the order on Monday night.

The TIRRC stated that the department is no longer allowed to require applicants to provide a visa or an I-94 form. Under the order, the department must return to the practice it followed for several years. That practice involves accepting work permits and other federal documents as proof that a person has authorization to be in the United States.

The legal action began last Friday. The TIRRC filed the lawsuit alongside the National Immigration Law Center and the law firm Bass Berry and Sims, LLC. The group argued that the new policy prevents many non-U.S. citizens from obtaining temporary driver's licenses. They noted that these individuals often hold federal authorization to reside in the country.

For many years, Tennesseans with permission from the federal government to be in the U.S. could obtain driver's licenses. The department routinely accepted work permits as evidence of legal presence. In recent weeks, the department abruptly changed this approach. It now only issues licenses to specific non-citizens who can present a valid visa, an I-94, an I-94W, or a temporary green card.

The TIRRC said this shift excludes thousands of people in Tennessee who have relied on the previous practice for decades. Many of these individuals hold federal authorization but lack the specific documents the new rule demands. The organization pointed to Deferred Action for Childhood Arrivals recipients as an example of those denied licenses under the new policy.

Many applicants did not learn about the policy change until they arrived at a Driver Services Center. The TIRRC described the new rule as a barrier for people who have lived in the state for a long time and maintained federal status. The lawsuit sought to restore the previous standard of evidence for applicants.

The restraining order is temporary. According to the TIRRC, the order will become active once a bond is posted. The organization said it intended to post the bond on Tuesday. A spokesperson for the Tennessee Department of Safety and Homeland Security, Jason Pack, declined to comment on the suit. He cited a longstanding policy that prevents the department from publicly discussing pending litigation outside of court filings or hearings.

The next step in the legal process involves the posting of the bond. Once that action is completed, the department must follow the temporary order. The plaintiffs and the department will continue to address the dispute in court. The ruling pauses the new requirement for specific visa documents for the duration of the temporary order.