NASHVILLE, Tenn. — The National Immigration Law Center, the Tennessee Immigrant & Refugee Rights Coalition (“TIRRC”), and Bass Berry & Sims PLC, filed a lawsuit today challenging a new rule from the Tennessee Department of Safety and Homeland Security (TDOS) that blocks many non-U.S. citizens from getting temporary driver’s licenses, even when they have authorization from the federal government to be present in the U.S.
For many years, TDOS issued temporary driver’s licenses to Tennesseans who could show they had permission from the federal government to be in the country. TDOS routinely accepted work permits and other federal government documents as proof of a person’s legal stay in the U.S. for a period of time.
However, in recent weeks, TDOS abruptly changed that policy. Under its new rule, TDOS only issues driver’s licenses to certain non-U.S. citizens who can present a valid visa, I-94, I-94W, or a temporary green card. The new rule excludes thousands of people living in Tennessee with federal authorization who have relied for decades on the agency’s prior practice. The lawsuit also argues that TDOS made this change without following proper legal steps, overstepped its authority, and failed to give the public a chance to provide input.
Many Tennesseans, including Deferred Action for Childhood Arrivals (DACA) recipients, have consequently been denied temporary drivers licenses when they tried to renew them. Most didn’t learn about the new rule until they were already at the Driver Services Center offices. As a result, Plaintiffs and many other people are without the ability to drive, making it harder for them to go to work, take their children to school, and manage their daily lives. For many, losing the ability to drive also threatens their livelihoods and ability to support their families.
“Tennessee’s denial of driver’s licenses to immigrants is unlawful and infringes on Tennesseans’ right to have a say in matters affecting their communities,” said Peter McGraw, Legal Deputy Director of the National Immigration Law Center. “TDOS issued its new driver’s license policies without first seeking community input or approval, and a state agency must consult the public before implementing extreme policies that affect all of us. Tennesseans should be able to drive safely and freely, and we look forward to putting driver’s licenses back in the hands of people who depend on them.”
The lawsuit asks the court to block the new rule and require TDOS to return to its previous process for issuing temporary driver’s licenses.
“Regardless of where they were born, Tennesseans rely on the ability to drive in order to work, care for their families, and access the basic needs of life – groceries, medical appointments, their children’s education. The plaintiffs in this action, like so many others across the state, have found their lives upended by the state’s abrupt rule change, which was implemented without warning or explanation” stated Spring Miller, Senior Legal Strategy Director at TIRRC. “This is why we are taking legal action. All Tennesseans expect to be treated fairly before the law, and expect their own government to follow it too.”
Read more about the case here.
