Court Blocks New Rules Limiting Which Immigrants Can Get CDLs
Court Said DOT Didn't Follow Proper Procedure in Drafting the Rule
Key Takeaways:
- The court in the District of Columbia ruled the regulations can't be enforced right now.
- The court said the federal government didn't follow proper procedures in drafting the rule.
- Transportation Secretary Sean Duffy has said that fatal crashes have highlighted questions about CDLs issued to immigrants.
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The Transportation Department'snew restrictionsthat would severely limit which immigrants can get commercial driver licenses to drive a semitrailer truck or bus have been put on hold by a federal appeals court.
The court in the District of Columbia ruled Nov. 13 that the rules Transportation Secretary a month after a truck driver not authorized to be in the U.S. made an illegal U-turn and caused a crash in Floridathat killed three peoplecan't be enforced right now.
The court said the federal government didn't follow proper procedure in drafting the rule and failed to “articulate a satisfactory explanation for how the rule would promote safety.” The court said the Federal Motor Carrier Safety Administration's own data shows that immigrants who hold these licenses account for roughly 5% of all CDLs but only about 0.2% of all fatal crashes, the court said.
Duffy has been pressing this issue in California because the driver in the Florida crash received a license in California, and an audit of that state's records showed that many immigrants received licenses in California that were valid long after their work permits expired. Earlier this week, Californiarevoked 17,000 CDLsbecause of that problem.

Transportation Secretary Sean Duffy (left) and Federal Motor Carrier Safety Administration Chief Counsel Jesse Elison. (Noel Fletcher/Transport Topics)
Neither Duffy nor California Gov. Gavin Newsom responded immediately Nov. 14 to questions about the ruling. Newsom’s office has said the state followed guidance it received from the U.S. Department of ϳԹland Security about issuing these licenses to noncitizens.
Duffy has said the Florida crash, along with fatal truck crashes in Texas and Alabama earlier this year, highlighted questions about these licenses. Afiery California crashthat killed three people last month involved a truck driver in the country illegally, only adding to the concerns.
The driver in the Florida crash, Harjinder Singh, appeared before a judge in St. Lucie County, Fla., on Nov. 13, where his attorneys asked to continue his court proceedings into January as they prepare for trial. Singh has pleaded not guilty to three counts of vehicular homicide and three counts of manslaughter.
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The new restrictions on these licenses would only allow immigrants who hold three specific classes of visas to be eligible to get the licenses. States would also have to verify an applicant’s immigration status in a federal database. The licenses would be valid for up to one year unless the applicant’s visa expires sooner.
Under the new rules, only 10,000 of the 200,000 noncitizens who have commercial licenses would qualify for them, which would only be available to drivers who have an H-2a, H-2b or E-2 visa. H-2a is for temporary agricultural workers while H-2b is for temporary nonagricultural workers, and E-2 is for people who make substantial investments in a U.S. business. But the rules won’t be enforced retroactively, so those 190,000 drivers would be allowed to keep their commercial licenses at least until they come up for renewal.
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Duffy has said that California and five other states had improperly issued CDLs to noncitizens, but California is the only state Duffy has taken action against because it was the first one where an audit was completed. The reviews in the other states have been delayed by the government shutdown, but the Transportation Department is urging all of them to tighten their standards.
Duffy hasrevoked $40 millionin federal funding because he said California isn’t enforcingEnglish-language requirementsfor truckers, and he said earlier this week that he may take another $160 million from the state over these improperly issued licenses if they don’t invalidate every illegal license and address all the concerns.
Associated Press writer Kate Payne contributed to this report from Tallahassee, Fla.
