This Driver’s License is Now a Class B Misdemeanor in Tennessee

New Law Takes Effect January 2026

If you hold a driver’s license issued to undocumented immigrants in Connecticut or Delaware, you can no longer legally drive in Tennessee.

House Bill 749 kicks in on January 1, 2026, and it turns what was once a valid license into grounds for arrest. The penalty is steep: up to six months in jail and a $500 fine.

Tennessee is now the fourth state to take this approach, and the list of states following suit keeps growing.

Class B Misdemeanor Charges

Governor Bill Lee signed House Bill 749 into law in April 2025, creating a Class B misdemeanor charge for driving with an invalidated out-of-state license.

The charge carries the same weight as driving on a suspended license. Penalties include up to six months in jail and a fine of up to $500.

The law required Tennessee’s Department of Safety to publish a list of which licenses would no longer be accepted before the January deadline.

Only Connecticut and Delaware Listed

Tennessee’s new law required the Department of Safety to list which licenses would not be valid in the state. The department’s website lists only Delaware and Connecticut.

That’s because those two states issue licenses exclusively to undocumented immigrants, marked with phrases like “Driving Privilege Only.”

The other 18 states that allow undocumented residents to drive also issue similar non-compliant licenses to citizens who simply choose not to provide certain documentation.

Florida Led the Way in 2023

Governor Ron DeSantis signed SB 1718 in 2023, which prohibits the issuance of a driver license to anyone who does not provide proof of lawful presence in the U.S.

It specifies that out-of-state driver licenses issued exclusively to undocumented immigrants are invalid in Florida. Florida was the first state to take this step.

The list of invalid licenses initially targeted certain licenses given to undocumented immigrants in Connecticut, Delaware, Hawaii, Rhode Island and Vermont.

Wyoming Added Harsher Penalties

Wyoming House Bill 116, signed on February 28, 2025, similarly invalidates out-of-state driver’s licenses held by undocumented immigrants.

Effective July 1, 2025, it makes driving with such a license a misdemeanor, punishable by up to six months in jail and a $750 fine.

Governor Mark Gordon allowed the legislation to become law without his signature, acknowledging concerns about putting immigration enforcement on local police while still wanting to assert the state’s position.

19 States Still Offer These Licenses

19 states and the District of Columbia permit undocumented immigrants to obtain driver’s licenses.

States permitting undocumented immigrants to drive include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, and the District of Columbia.

Puerto Rico also offers driving privileges. These licenses are typically marked to show they cannot be used for federal identification or boarding flights.

Federal Law Made Them Easy to Spot

The Real ID Act of 2005 standardized requirements for driver’s licenses and identification cards issued by U.S. states and territories.

States can still issue non-compliant licenses, but they must be clearly marked.

Most states decided to offer two versions of identification documents, one compliant with the Real ID requirements and one not compliant.

Non-compliant versions typically state they are not valid for federal purposes, which is how police can quickly identify them during traffic stops.

Police Now Check Immigration Status

Once Wyoming’s bill took effect, law enforcement had to check the immigration status of people pulled over with those licenses.

Governor Gordon worried that Wyoming law enforcement may be slowed down while exposed to a role that is much more suited for resources, training and system of U.S. Immigration and Customs Enforcement.

Tennessee officers will face similar challenges starting in January, deciding whether to contact ICE during routine traffic stops.

Several States Tried and Failed

Alabama Senate Bill 55, which would have invalidated out-of-state licenses held by undocumented immigrants, passed the Senate on February 13, 2025, but stalled in the House Committee on Public Safety and Homeland Security.

Montana House Bill 469, which would have invalidated out-of-state licenses for undocumented immigrants, died in a standing committee on May 22, 2025.

Oklahoma introduced similar legislation that also failed to advance.

Tennessee Building Immigration Division

Tennessee also passed SB 6002, which creates a centralized immigration enforcement division within the Department of Safety.

The bill creates criminal penalties for officials who adopt sanctuary policies and requires the department to issue lawful permanent residents a temporary driver license, instead of a standard license.

These marked licenses help distinguish legal residents from citizens, which officials say protects election integrity.

Debate Splits Along Party Lines

Supporters argue these laws protect public safety and discourage illegal immigration.

Critics contend the bill could lead to increased discrimination and that roads are safer if everyone using them has passed a driver’s test and is licensed.

Advocates say laws like these are designed to make immigrants’ lives so uncomfortable they leave the country.

For now, Tennessee joins a small but growing club of states drawing a hard line on who can drive within their borders.

This article was created with AI assistance and human editing.

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