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WASHINGTON, D.C. – America First Legal (AFL) has submitted a public comment in support of the interim final rule announced by the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), which addresses the critical public safety threat posed by foreign drivers with commercial driver’s licenses (CDLs).
In its public comment, AFL described that the interim final rule, “Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses,” strengthens existing regulations and adds new requirements to protect the American people.
In recent months, there have been numerous deadly crashes caused by drivers lacking lawful status in the United States. Yet, they are driving 40-ton trucks with “valid” commercial driver’s licenses. One recent crash in Florida was caused by a foreign driver who previously:
Enforcement at any of these stages could have prevented the loss of three lives.
In addition, U.S. Department of Transportation Secretary Sean Duffy has published preliminary findings of the FMCSA’s audit showing the extent to which states are refusing to follow the law when issuing CDLs:
One-third of Minnesota’s audited non-domiciled CDLs were issued illegally. California alone “admitted to illegally issuing 17,000 non-domiciled Commercial Driver’s Licenses (CDLs) to dangerous foreign drivers.” Numerous failures by Pennsylvania, including cases where it issued non-domiciled CDLs with expiration dates that extended beyond the drivers’ authorized stay in the United States, and failing to require any proof of lawful presence before issuing CDLs. Secretary Duffy has identified that 53 percent of all non-domiciled CDLs were issued unlawfully in New York. 44 percent of CDL training providers are likely violating federal law, pulling the certification of 3,000 CDL schools, and warning another 4,500 of potential noncompliance.
AFL’s comment underscores that the interim final rule is essential to prevent more deaths on American roads at the hands of foreign drivers who should have never been authorized to drive 40-ton trucks.
The interim final rule:
Limits eligibility for non-domiciled commercial drivers to legal immigrants with work authorization. Requires an increased showing of documentary proof of identity and lawful entry at every issuance, transfer, renewal, and upgrade action defined in the regulation. Mandates that State Driver’s Licensing Agencies (SDLAs) query the U.S. Citizenship and Immigration Services’ Systematic Alien Verification for Entitlements (SAVE) system to verify documents and lawful status. Requires SDLAs to retain application documents for at least two years. Terminates the commercial drivers’ eligibility upon expiration of their Form I-94/I-94A or 1 year, whichever is sooner. Mandates in-person presence for renewals. Requires SDLAs to downgrade non-domiciled CDLs when holders become ineligible.
Last month, the U.S. Court of Appeals for the D.C. Circuit stayed implementation of the Interim Final Rule, perpetuating states' recklessness and disregard for current regulations. The status quo must not continue.
The interim final rule is a critical step in ensuring state compliance with federal commercial driving licensing and protecting drivers on America’s roads.
“It is time for states to pump the brakes on issuing commercial driver’s licenses to foreign nationals who lack lawful status or basic English proficiency,” said Will Scolinos, Counsel at America First Legal. “The Department of Transportation’s interim final rule restores critical guardrails to the CDL system and will prevent the circumstances that have led to too many preventable deaths on American roads."
Read the comment here.
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