As of November 7, 2026, a Tennessee court order temporarily prevents state officials from rejecting certain federal immigration documents when noncitizens apply for temporary Tennessee driver’s licenses. The order may affect Deferred Action for Childhood Arrivals (DACA) recipients and other immigrants who have federal work authorization.
The ruling is preliminary. It does not guarantee that every applicant will qualify for a license, and it does not decide the final legality of Tennessee’s policy.
What the court ordered
On November 2, 2026, Chancellor Russell T. Perkins of the Chancery Court for the State of Tennessee, Twentieth Judicial District, Davidson County at Nashville, Part IV, issued a temporary restraining order in Tennessee Immigrant & Refugee Rights Coalition, et al. v. Tennessee Department of Safety and Homeland Security, et al.
The order restrains the Tennessee Department of Safety and Homeland Security, Commissioner Jeff Long in his official capacity, and covered officers, agents, attorneys, and others acting in concert who receive actual notice of the order. It prohibits them from:
- Requiring a valid foreign passport translated into English, together with a valid visa and approved Form I-94 or Form I-94W, as the only acceptable proof of federal authorization to be present in the United States for a specific purpose and period.
- Refusing or failing to accept a valid Form I-766 Employment Authorization Document (EAD) and other federal documents for verification through the Systematic Alien Verification for Entitlements (SAVE) system and consideration in issuing a temporary Tennessee driver’s license under Tenn. Code Ann. § 55-50-331(g)(1).
The temporary restraining order states that it is intended to maintain the status quo while the case proceeds. The court required plaintiffs to execute an injunction bond of $900.60.
Why the case matters to DACA recipients and other work-permit holders
The challenged policy narrowed the documents Tennessee accepted from noncitizens applying for temporary licenses. Before the change, the state had accepted work permits and other federal documents as evidence of federal authorization. The new policy required certain applicants to provide specific passport, visa, and admission-record documents instead.
That limitation could affect people whose federal immigration documents do not include the required visa and I-94 combination. DACA recipients, people with Temporary Protected Status, and some other individuals with federal work authorization may rely on an EAD as a key document showing their authorization for a specified period. The plaintiffs’ organizations said people had been turned away when seeking new licenses or renewals. Their October 30 release describes the policy change and the lawsuit challenging it.
The court order does not grant immigration status, extend an EAD, or change the conditions of DACA or another immigration benefit. A driver’s license and federal immigration authorization are separate matters. An EAD remains subject to its own validity period and federal rules.
What the temporary order does, and does not do
The order requires the state to accept valid EADs and other federal documents for the purpose of SAVE verification and consideration of a temporary license application. It does not direct the state to issue a license automatically to every person presenting an EAD.
Applicants still must meet applicable licensing requirements. The state may conduct SAVE verification and apply other lawful eligibility and application procedures. The court’s order addresses the documents the state may accept as proof of federal authorization; it does not remove the ordinary steps of a license application.
The order also does not resolve the plaintiffs’ claims. It is an interim measure entered before the defendants had an opportunity to respond to the request for temporary relief. The case will continue, and the court may later modify or replace the order.
The legal standard applied
Under Tennessee Rule of Civil Procedure 65.03, the court considered four factors:
- The threat of irreparable harm to the plaintiffs if relief were denied.
- The balance between that harm and potential injury to the defendants if relief were granted.
- The probability that the plaintiffs would succeed on the merits.
- The public interest.
The order cites Fisher v. Hargett, 604 S.W.3d 381, 394 (Tenn. 2020), for this framework. Chancellor Perkins concluded that the relevant factors weighed in favor of temporary relief based on the record then before the court. This preliminary finding is not a final determination that the challenged policy is unlawful.
Practical steps for affected applicants
If you were denied a temporary Tennessee driver’s license or renewal under the challenged document policy, consider these steps:
- Review the order and current instructions. The order applies to the named state defendants and covered persons with actual notice. Its scope does not guarantee identical processing at every service center.
- Prepare valid federal documents. Bring your unexpired Form I-766 EAD, if applicable, and any other relevant federal documents. Keep copies of the documents and any prior denial notice.
- Ask for SAVE verification. The order expressly addresses acceptance of federal documents for verification through SAVE. Keep a record of the date, location, and outcome of your application.
- Document any continued refusal. If an office will not accept documents covered by the order, record the explanation and any written notice. The court order does not authorize driving without a valid license.
- Seek legal advice for an individual problem. A lawyer can assess the interaction between the court order, your federal immigration documents, and Tennessee licensing requirements.
A media report published on November 4 described some applicants returning to the renewal process, while also noting that implementation may differ among service centers. Applicants should therefore confirm current procedures before relying on an assumption that an application will be approved on the same day.
What happens next
The court scheduled a hearing on the motion for a temporary injunction for November 16, 2026, at 9:30 a.m. in Davidson County Chancery Court, Part IV, at the Metropolitan Historic Courthouse in Nashville. The hearing concerns whether temporary relief should continue while the lawsuit proceeds. It is not a final trial on the merits.
The plaintiffs allege that the state changed its policy without following required procedures and exceeded its authority. Those are allegations in the case, not conclusions established by the temporary order. The defendants may respond, and the court may consider further filings before deciding whether to issue a temporary injunction.
Guidance for DACA recipients and families
The order is a significant procedural development for people who rely on federal work authorization documents when applying for a Tennessee temporary driver’s license. It is not a change to DACA eligibility, employment authorization, or federal immigration status. Applicants should keep their federal documents current and follow state licensing procedures while the litigation remains active.
For broader immigration guidance, Blasingame Law LLC provides humanitarian immigration services and assistance with family immigration matters. The firm is based in Colorado and is not a substitute for Tennessee-specific licensing guidance. For advice about an individual immigration matter, contact an immigration attorney familiar with the applicable facts and jurisdiction. You may also contact Blasingame Law LLC to discuss whether the firm can assist.
This article provides general information and is not legal advice. The court order and agency procedures may change. Applicants should consult current official instructions and obtain case-specific legal advice before taking action.
