Tennessee State Immigration Laws

Traditionally, the doctrine of preemption prevented states from enacting their own immigration laws. The federal government had the sole authority in these matters. In recent years, state policies affecting immigrants have become increasingly common.

States have developed a range of approaches. For example, some cities and states offer refuge to immigrants without proper documentation. Others cooperate with federal efforts to identify and deport them.

This article outlines immigration rules and policies in Tennessee. Learn more about:

• Law enforcement and immigration in Tennessee
• Employment and immigration
• Tennessee E-Verify requirements
• Driver’s license and ID requirements
• Public benefits restrictions
• Education checks and in-state tuition
• Voting ID rules
• Housing ordinances and immigration
• How an immigration attorney can help

Immigration rules continue to evolve. Anyone facing an immigration issue in Tennessee should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Tennessee

Officials at city and county jails in Tennessee must report anyone who may violate federal immigration laws. They report the person to U.S. Immigration and Customs Enforcement (ICE).

Enforcement agencies must contact federal immigration officials if they can’t verify the legal status of arrestees within three days.

Some Tennessee Highway Patrol and Sheriff’s Office officials cooperate closely with federal authorities. They do so to enforce immigration laws. Some municipalities in counties and cities participate in the 287(g) ICE ACCESS Program.

ICE provides a full list of participating agencies on its Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act webpage. Scroll down the page until you see a button titled “View 287(g) Participating Agencies.”

The Trump-era program called “Secure Communities” is no longer in effect. Under that program, all arrestees’ names went into a federal database. That database checked their criminal record and immigration statuses. President Joe Biden ended the program in 2021. Its replacement is the “Criminal Apprehension Program.” But, it only applies to the convicted.

Employment Checks

State officials may deny Tennessee business licenses if employers knowingly hire immigrants living here illegally. They may also suspend or revoke these licenses.

Also, refer to federal employment eligibility verification rules and the requirements for Form I-9.

Tennessee E-Verify Requirements

E-Verify is a federally-operated system that allows employers to verify that applicants are legally authorized to work in the U.S. All Tennessee-based employers with 35 or more employees must verify employment eligibility using E-Verify. Employers must maintain records of all E-Verify results.

If you’re an immigrant or migrant, know that your employer will check your eligibility.

Driver’s License and ID Requirements

Applicants in Tennessee must show proof of U.S. citizenship or legal residency to get a driver’s license or state ID.

Public Benefits Restrictions

Under federal law, immigrants living in the U.S. illegally can’t get most public benefits. But they can use emergency services and emergency health care. The same applies to other services “necessary to protect life and safety.”

Education Checks and In-State Tuition

Students without proper documentation must pay out-of-state tuition at Tennessee public universities. Those without proper documentation are also not eligible for state-funded financial aid. These exclusions apply to Deferred Action for Childhood Arrivals (DACA) recipients.

DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

Voting ID Rules

Tennessee requires valid and current photo identification to vote. Examples include:

• Tennessee driver’s license
• Valid photo ID issued by any state
• U.S. passport
• Valid U.S. military ID with a photo

Those without a photo ID may vote via provisional ballot if they return with a photo ID within two days or sign an affidavit.

Housing Ordinances and Immigration

Tennessee has no housing ordinances on immigration status. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, race, national origin, ancestry, or other protected characteristics.

Immigration Issue in Tennessee? Talk to an Attorney

Immigration laws are notoriously complicated, and it’s important to know your civil rights. The consequences of a wrong decision can be catastrophic. It’s essential to contact an experienced immigration attorney. They can help plan your immigration process and consider your individual needs.

Federal law dictates many aspects of U.S. immigration policy. Knowing everything about immigrant rights is impossible. But that’s why an experienced lawyer is your best resource.

With proper legal representation and legal advice, any immigration process will be far easier. Such immigration services are invaluable for any U.S. citizen, immigrant, non-immigrant, or permanent resident (green card). This includes navigating the naturalization process. An attorney can also offer valuable advocacy services.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Tennessee. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

What If I Can’t Afford an Attorney?

Tennessee-based migrants enjoy fewer protections than those in more liberal states, like California or New York. Review the Tennessee Department of Human Services website if you can’t afford a lawyer. There, you can find information about legal aid in the state.

Legal Aid provides free or low-cost legal services to people who can’t afford them. Many attorneys offer pro bono (no-cost) services, including immigration court representation. The Tennessee State Bar Association can refer you to legal help who may work pro bono.

If you’re in Nashville or Davidson County, consider visiting the Tennessee Immigrant & Refugee Rights Coalition’s offices. This organization provides many valuable resources for immigrant communities.

You may also reference Immigration to Tennessee for additional resources.