(The Center Square) – Information about whether the New York Department of Motor Vehicles is giving commercial drivers’ licenses to noncitizens has led to a lawsuit filed by a Washington immigration group against the state.
In a lawsuit filed Monday in state Supreme Court, lawyers for the Federation for American Immigration Reform say the DMV failed to comply with the state’s Freedom of Information Law. It seeks relief from a judge to compel the release of public records “related to the issuance of commercial driver’s licenses to illegal aliens and other noncitizens.”
Dale Wilcox, FAIR’s executive director and general counsel, caled the lawsuit against the New York DMV “a critical step in holding bureaucrats accountable and exposing practices that enable illegal aliens to operate heavy commercial vehicles on our roads.”
“The American people deserve transparency on how state agencies are issuing CDLs to individuals who may not meet federal eligibility standards, especially when public safety is at stake,” he said in a statement. “Our investigation reveals a troubling pattern of lax enforcement that not only violates federal law but also endangers lives and contributes to rising insurance costs for law-abiding citizens.”
FAIR said it filed freedom of information requests to New York and 14 other states last year seeking information about “nondomiciled” commercial drivers licenses. The state’s DMV has delayed or provided “inadequate” responses to its requests, “which constitutes a constructive denial under state law.” The group says it plans to file similar lawsuits against California, Pennsylvania and Ohio.
The lawsuit comes as the Trump administration is seeking to crack down on the number of noncitizen drivers on the road and prohibit states from issuing nondomiciled commercial drivers licenses. A federal appeals court judge blocked the policy changes in November, but several states have paused new CDL applications as the legal challenge plays out.
The Trump administration has revoked nearly 9,500 commercial licenses for failing to meet the president’s reinstated English-language proficiency requirements.
In December, Transportation Secretary Sean Duffy threatened to freeze $73 million from New York. He said issuing commercial driver’s licenses for immigrants could result in the “total decertification” of the state’s CDL program.
The state has previously defended its policies on commercial licenses and accused Duffy of “lying about New York state once again in a desperate attempt to distract from the failing, chaotic administration he represents.”
“Here is the truth: Commercial Drivers Licenses are regulated by the federal government, and New York State DMV has, and will continue to, comply with federal rules,” the agency said in a statement. “Every CDL we issue is subject to verification of an applicant’s lawful status through federally-issued documents reviewed in accordance with federal regulations.”
An estimated 18% of all truck drivers are immigrants, and the industry has recently warned that it is short of tens of thousands of drivers, according to the American Truckers Association.
