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HB 749

Driver Licenses - As enacted, creates the Class B misdemeanor offense of operating a motor vehicle in this state with an invalid driver license; designates out-of-state driver licenses issued exclusively to illegal aliens as invalid driver licenses in this state. - Amends TCA Title 55, Chapter 50.

114th Regular Session (2025-2026)

Tennessee criminalizes operating vehicles with out-of-state licenses issued to undocumented immigrants, effective January 2026, creating misdemeanor charges for affected drivers.

Pub. Ch. 288
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Bill Summary · HB 749

Legislative bill overview

HB 749 creates a Class B misdemeanor offense for operating a motor vehicle with an invalid driver license in Tennessee and specifically designates out-of-state driver licenses issued exclusively to undocumented immigrants as invalid within the state. The bill became effective January 1, 2026, and was signed into law in April 2025.

Why this is important

This legislation directly impacts transportation access for undocumented immigrants in Tennessee by criminalizing their use of out-of-state licenses they may legally possess. It creates enforcement mechanisms that could lead to criminal charges, vehicle impoundment, and immigration-related consequences for a substantial population group seeking to operate vehicles.

Potential points of contention

  • Constitutional and legal challenges: Federal courts have blocked similar state restrictions on out-of-state licenses in other jurisdictions based on dormant Commerce Clause and equal protection concerns
  • Practical enforcement burden: Law enforcement must determine which out-of-state licenses were "issued exclusively to illegal aliens," requiring immigration status verification that exceeds typical traffic stop protocols
  • Public safety trade-offs: Pushing unlicensed driving underground may reduce reporting of accidents and crimes, and eliminate insurance requirements that protect all drivers
  • Conflicting state interests: Some states (like New Mexico and California) have issued licenses to undocumented immigrants; this bill treats those licenses as categorically invalid, creating interstate complications

Compiled from official sources — confirm details with the bill’s official record.

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