Tennessee Immigration Laws

Employers with 35 or more employees must use the E-Verify system to verify work authorization of new hires (threshold lowered from 50 to 35 effective January 1, 2023). Private employers with fewer than 35 employees are exempt but may voluntarily use the system. Penalties for non-compliance include suspension of business licenses.

Tennessee prohibits local governments from enacting sanctuary policies that limit cooperation with federal immigration authorities. Local officials who violate this provision face removal from office. The law also makes it a Class E felony for local officials to adopt sanctuary policies (though enforcement of the felony provision has been debated).

Tennessee requires proof of U.S. citizenship or lawful presence to obtain a driver's license or state ID. Tennessee previously issued "certificates for driving" to undocumented immigrants but discontinued the program in 2007. No alternative driving credential is currently available.

While Tennessee cooperates with federal immigration enforcement, the state enacted provisions requiring that ICE detainer requests be accompanied by a judicial warrant or probable cause determination. Local law enforcement is not required to hold individuals beyond their scheduled release solely based on an administrative ICE detainer.