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TIRRC v. Tennessee Department of Safety and Homeland Security, Jeff Long

Filing Location: Chancery Court for the State of Tennessee, Twentieth Judicial District

This case challenges 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.

Case Overview

This case, filed by the National Immigration Law Center and the Tennessee Immigrant & Refugee Rights Coalition, challenges 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.

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