Unlawfully Licensed Alien Truckers Seek Reinstatement
FAIR shows not entitled to “non-domiciled” commercial driver’s licenses
WASHINGTON—Following a spate of deadly crashes on our nation’s highways caused by alien truck drivers, the Trump Administration has pulled the commercial driver’s licenses (CDLs) of such drivers, citing safety concerns. In response, groups of alien drivers have brought cases in the DC Circuit Court of Appeals, challenging the administration’s action as arbitrary and capricious, and claiming alien drivers are no less safe than American ones.
The alien drivers have also filed emergency motions to stay the administration’s action while the cases are decided, in order to get back on the road as quickly as possible.
Today, on short notice, the Federation of American Immigration Reform (FAIR) weighed in, filing a brief opposing the emergency motions to stay.
In its brief, FAIR makes a point that undercuts the alien drivers’ entire argument: whatever the safety record of alien drivers, none of the ones seeking a stay are entitled to a CDL. The regulations that implement the relevant statute, and therefore have the force of law, clearly state that CDLs can only be issued to citizens or lawful permanent residents who are domiciled in the state of issuance, or to persons who are domiciled in a state that is prohibited from issuing CDLs. None of the alien drivers who are bringing these cases are lawful permanent residents, and none are domiciled in a state prohibited from issuing CDLs. Rather, they live in (whether or not they are “domiciled” in) the states that issued them their “non-domiciled” CDLs.
“The fact is, the regulations already prohibit aliens who are not lawful permanent residents from receiving commercial driver’s licenses,” said Dale L. Wilcox, executive director and general counsel of FAIR. “The one exception is if they are domiciled in a state prohibited from issuing such licenses, but that doesn’t apply to any of the alien drivers here. No doubt, these regulations reflect the same safety concerns about alien commercial drivers that prompted the administration’s action. We are pleased to bring this regulatory picture to the court’s attention, and hope it denies the stays.”
The cases are Lujan v. Federal Motor Carrier Safety Administration, No. 25-1215, and Martin Luther King, Jr. County v. Duffy, No. 25-1224 (DC Circuit).
