WeVote
Log In

Bill

Bill

SB 1587

Immigration - As introduced, creates a Class A misdemeanor for a person who is unlawfully present in the United States to operate a commercial motor vehicle in this state; requires the law enforcement agency of an officer who arrests a person who is unlawfully present in the United States to operate a commercial motor vehicle in this state to ensure that federal immigration authorities are notified; creates related civil actions that may be pursued by the attorney general and reporter or by a qui tam plaintiff. - Amends TCA Title 55, Chapter 50.

114th Regular Session (2025-2026)

Tennessee imposes strict liability and severe penalties on employers and individuals for operating or enabling unlawful CMV use, with civil damages, qui tam actions, and federal re

Signed by Senate Speaker
#immigration
0
WeVote Research Nonpartisan
Bill Summary · SB 1587

Summary of SB 1587 (Session 114) — Tennessee

Purpose and Intent

SB 1587, as introduced and amended, tightens enforcement around unlawful presence in the United States for individuals operating commercial motor vehicles (CMVs) in Tennessee. The bill creates offenses for both employers and individuals, strengthens reporting to federal authorities, and adds civil liability and qui tam enforcement mechanisms related to CMV operations by undocumented workers. It also establishes strict liability-style penalties for accidents caused by unlawfully present drivers, and sets admission of Tennessee law as controlling in related tort actions.

Key Provisions

  • New offenses related to CMV operation by unlawfully present individuals:

    • It is unlawful for an employer to knowingly allow a person unlawfully present to operate a CMV in Tennessee.
    • It is unlawful for a person unlawfully present to operate a CMV in Tennessee (when licensing or CMV operation requires a valid driver license).
    • Violations of these provisions are Class A misdemeanors.

  • Employer responsibilities and liability:

    • Employers who knowingly allow an unlawfully present person to operate a CMV face Class A misdemeanor charges.
    • A direct employer (defined as the entity that hires, pays, and supervises the CMV operator; excludes customers, brokers, etc.) that knowingly employs and permits an unlawfully present worker to operate a CMV is strictly, absolutely, jointly and severally liable for injuries or property damage caused by that driver.
    • If an official or state employee issues a CMV license to a person knowing they are unlawfully present, they share the same strict liability.

  • Notification to federal authorities:

    • When a person is arrested for operating a CMV unlawfully present, the arresting officer must notify the agency, and the agency must notify federal immigration authorities (via the 287(g) program or the Centralized Immigration Enforcement Division of the Department of Safety).

  • Civil liability and damages:

    • Injured parties may recover compensatory damages, punitive damages (not less than $1,000,000), court costs, and attorney’s fees from liable employers or license-issuing officials.
    • The bill clarifies that liability does not create new insurance requirements beyond what existed prior to July 1, 2026.

  • Qui tam and AG enforcement:

    • The Attorney General and Reporter (AG) may sue employers and licensing authorities for knowingly allowing unlawful CMV operation, or failing to prevent it.
    • Private individuals may bring qui tam actions in the name of the State of Tennessee, with the AG allowed to intervene. A private plaintiff may obtain 25%–33% of proceeds if the AG proceeds; if not, the plaintiff may receive 35%–50% of proceeds.

  • Venue, seal, and procedural notes:

    • Civil actions may be filed in specified Tennessee counties and may proceed with seal provisions typical of qui tam actions, including in-camera filing and potential government intervention.

  • Effective date:

    • The act takes effect July 1, 2026.

Affected Parties

  • Direct CMV employers (those who hire and supervise CMV operators)
  • CMV operators unlawfully present in the United States
  • License-issuing state officials or employees
  • Law enforcement agencies and the Department of Safety (CIED involvement)
  • Injured parties and their counsel
  • The state of Tennessee, via the AG and qui tam framework

Procedural and Timeline Aspects

  • Effective date: July 1, 2026.
  • Requires coordination between local law enforcement, state agencies (CIED), and federal immigration authorities upon applicable arrests.
  • Establishes a civil litigation framework with enhanced penalties (notably punitive damages) and a potential multi-party liability regime.
  • Introduces qui tam provisions with seal and court procedures, government intervention options, and specified relator share.

Note: Fiscal analyses project incremental local government costs related to jailing potential offenders (approximately $88,400+ annually) and anticipate significant civil liability exposure for non-compliant employers, though enforcement outcomes depend on actual conviction rates.

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

Sign in to ask a question.