California Revokes 17,000 Immigrant CDLs Amid Federal Pressure and New Regulations
California state officials have announced the revocation of approximately 17,000 commercial driver's licenses (CDLs) issued to immigrants. This action aligns with a state law requiring CDL expiration dates to coincide with the holder's legal authorization to reside in the U.S.
The revocations occur as the U.S. Department of Transportation (DOT) implements new federal regulations restricting CDL eligibility for immigrants, following a series of fatal crashes involving foreign-born truck drivers.
These federal policies have drawn criticism from various groups who argue there is no data supporting claims that foreign-born drivers are less safe.
Background on Federal Regulations
In September, U.S. Transportation Secretary Sean Duffy announced new federal rules significantly limiting the eligibility of immigrants for commercial driver's licenses. These regulations specify that only holders of H-2a (temporary agricultural workers), H-2b (temporary non-agricultural workers), or E-2 (investor) visas qualify.
States are now mandated to verify an applicant's immigration status using a federal database. Licenses are valid for a maximum of one year or until the applicant's visa expires. These new requirements are not retroactive.
Secretary Duffy characterized the existing CDL issuance process as "100% broken" and a "threat to public safety."
He cited concerns about foreign-born truckers potentially lacking proficiency in English or adequate knowledge of road rules. The DOT's objective is to enhance national road safety through stricter CDL requirements and address practices that allow inadequately trained drivers to operate commercial vehicles.
The implementation of these federal restrictions followed several high-profile incidents. These included a fatal crash in Florida in August involving an Indian-born driver, Harjinder Singh, who was alleged to have made an illegal U-turn, resulting in three fatalities. Authorities claimed Singh was illegally present in the U.S., a claim contested by California Governor Gavin Newsom's office, which stated Singh held a valid work permit when he applied for his CDL. Singh has pleaded not guilty to three counts of vehicular homicide. Other fatal truck crashes in Texas and Alabama, alongside a fiery crash in California, also contributed to discussions about these licenses.
The Trump administration has also advocated for the 'Dalilah Law,' named after a child injured in a 2018 truck accident involving a driver identified by Homeland Security as an immigrant who had entered the U.S. illegally. Republican Senator Jim Banks of Indiana introduced a bill to prevent states from issuing CDLs to undocumented immigrants and revoke existing licenses.
California's Revocations
California's decision to revoke approximately 17,000 CDLs stems from federal criticism and a review initiated after Secretary Duffy raised concerns. Federal investigators, as reported by Duffy in September, found that approximately one-quarter of 145 reviewed licenses in California should not have been issued, with some remaining valid years after work permits expired.
Governor Gavin Newsom's office clarified that all affected drivers held valid work authorizations from the federal government at the time of issuance.
The state indicated that the revocations are based on a state law that mandates licenses expire on or before an individual's reported legal status in the U.S. concludes. California also stated it had adhered to guidance received from the U.S. Department of Homeland Security when issuing these licenses to noncitizens.
The 17,000 California licenses slated for revocation were issued prior to the implementation of the new federal rules. Affected drivers have received notices that their licenses will expire in 60 days.
Federal Funding and State Pressure
The federal DOT has applied pressure on states regarding CDL issuance. Secretary Duffy had previously withheld $40 million in federal funding from California, citing non-enforcement of English language requirements for truckers. He indicated a potential withholding of an additional $160 million if the state did not invalidate all improperly issued licenses and address related concerns. The current revocations are part of California's efforts to comply with these demands.
Additionally, the DOT has threatened to withhold $75 million in federal funding from Pennsylvania unless the state revokes CDLs deemed illegally issued under these new interpretations.
Impact and Legal Challenges
The new federal regulations could potentially impact up to 200,000 immigrants nationally, including DACA recipients, asylum-seekers, and those with Temporary Protected Status, by limiting eligibility to specific temporary visas. An estimated 10,000 of the 200,000 noncitizens holding commercial licenses nationally would qualify under the new rules. The remaining 190,000 drivers are permitted to retain their licenses until they are due for renewal.
Jorge Rivera, a DACA recipient and commercial trucker, is part of a lawsuit challenging the proposed DOT regulations after facing difficulties renewing his CDL in Utah last year.
A panel of judges from the D.C. Circuit Court of Appeals has temporarily blocked the emergency rule implementing these new restrictions, pending a legal challenge.
The Trump administration is continuing efforts to make the rule permanent.
Criticisms of the New Regulations
Critics of the new regulations contend there is no empirical data to substantiate claims that foreign-born truckers are inherently less safe than native-born drivers. They suggest that the policy shift represents an effort at immigration enforcement rather than genuine safety improvement.
Pawan Singh, owner of a trucking company in Northern Virginia, expressed concern that the new rules disproportionately target foreign-born drivers, particularly members of the Sikh community.
He acknowledged some existing safety issues within the industry, such as inadequate training provided by certain CDL schools.
Cassandra Zimmer-Wong, an immigration policy analyst, also stated that safety data does not support a link between a driver's country of origin and their driving record, suggesting the rule's primary intent was to reduce immigrant employment in the sector.
Wendy Liu, a lawyer, argued that all CDL applicants must pass the same tests and complete identical training, asserting that immigration status is not relevant to driver safety.
Related Regulatory Actions on Trucking Schools
In a separate but related initiative, the Department of Transportation has announced plans to revoke the accreditation of approximately 3,000 truck driving schools unless they demonstrate compliance with federal requirements within 30 days. An additional 4,000 schools may face similar actions.
These schools, representing over 40% of the nation's authorized training providers, are accused of falsifying or manipulating training data, failing to meet curriculum standards, and neglecting to maintain accurate records. Secretary Duffy stated that this initiative aims to address practices that allow inadequately trained drivers to operate commercial vehicles. Pawan Singh noted that enhanced safety oversight for schools has been "long overdue."