Tennessee law penalizes some commercial driving by people without lawful status

The law makes it an offense for a direct employer to knowingly employ and allow a person without lawful immigration status to drive a commercial motor vehicle in Tennessee. The law also makes it an offense for a person without lawful immigration status to drive a commercial motor vehicle when driving it requires a valid commercial driver license. A direct employer is the person or organization that hires, pays, and directly supervises the driver. Customers, shippers, brokers, and other transportation contractors are excluded when they do not directly employ the driver. The offense is a Class A misdemeanor. The law takes effect July 1, 2026.

After an arrest for the specified driving offense, the officer must notify the officer's agency, and the agency must ensure federal immigration authorities are notified. The duty applies to the arresting officer and the officer's law enforcement agency. The arrest must be for driving a commercial motor vehicle without lawful immigration status when a valid commercial driver license is required. The duty begins when an officer makes an arrest for that offense and applies once the law takes effect on July 1, 2026.

A person injured or whose property is damaged may seek damages from a direct employer who knowingly employs and permits the driver, and from a state official or employee who recklessly issues the driver a commercial license. The claims cover personal injury or property damage caused by a person without lawful immigration status operating a commercial motor vehicle. The injury or damage must be caused by the driver's operation of a commercial motor vehicle in Tennessee. The employer is presumed not to have acted knowingly if it follows specified employment and work-authorization checks. A person or organization that does not employ the driver and lacks legal authority to check work authorization is not liable under this section. People may seek compensatory damages, punitive damages when appropriate, court costs, and reasonable attorney fees. Employer liability insurance does not cover a claim under this section unless the policy expressly provides coverage. This section takes effect July 1, 2026. It does not change insurance coverage for claims that predate that date.

Tennessee law governs covered injury lawsuits, and contract terms requiring another state's law are void and unenforceable. The rule applies to lawsuits covered by the law's injury-liability section. The lawsuit must arise from a person without lawful immigration status operating a commercial motor vehicle in Tennessee. The law takes effect July 1, 2026.