FAIR Sues New York DMV for Answers on its Issuance of Commercial Driver’s Licenses to Illegal Aliens
‘Troubling Pattern of Lax Enforcement’ Risks Lives, Violates Law and Spikes Insurance Costs
WASHINGTON—The Federation for American Immigration Reform (FAIR) has filed a lawsuit against the New York State Department of Motor Vehicles (DMV) and its Commissioner, Mark J.F. Schroeder, for failing to comply with the state’s Freedom of Information Law (FOIL). The suit, filed in the Supreme Court of Albany County seeks to compel the release of public records related to the issuance of commercial driver’s licenses (CDLs) to illegal aliens and other non-citizens.
This legal action is part of FAIR’s broader nationwide investigation into abuses by state DMVs in issuing CDLs to illegal aliens without proper vetting or adherence to federal standards. Launched in October 2025 following a series of high-profile incidents involving illegal aliens operating commercial vehicles, the investigation has uncovered potential vulnerabilities in state motor vehicle programs that pose risks to public safety and undermine immigration enforcement.
In October 2025, FAIR submitted detailed public records requests on this issue to DMVs in 15 states—including California, Colorado, Florida, Illinois, Indiana, Iowa, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Pennsylvania, South Dakota, Texas, and Washington. These requests sought data on CDL test administration, pass/fail rates, non-domiciled license issuance, and compliance with federal regulations (including the REAL ID Act and Title 49 provisions). To date, FAIR has received responsive documents from several states, which are under review to inform an upcoming investigative report on DMV program weaknesses and their implications for immigration policy and reform.
However, states like New York have provided inadequate or delayed responses, prompting FAIR to pursue legal action. In New York, FAIR’s October 15, 2025, FOIL request has gone unanswered by over four months, which constitutes a constructive denial under state law. Worse yet, FAIR submitted an appeal of this denial on January 6, 2026—but the DMV again failed to respond, necessitating FAIR to file this lawsuit. Similar suits are anticipated in California, Colorado, and Pennsylvania.
“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,” said Dale Wilcox, FAIR’s executive director and general counsel. “This lawsuit against the New York DMV is a critical step in holding bureaucrats accountable and exposing practices that enable illegal aliens to operate heavy commercial vehicles on our roads. 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.”
Mateo Forero, FAIR’s director of investigations, added: “Our team has been meticulously analyzing data from responsive states, and what we’re finding points to systemic issues in CDL issuance, including multilingual testing that may bypass English proficiency requirements and inadequate verification of immigration status. New York’s refusal to disclose basic records hinders our ability to fully assess these risks. This suit will ensure we get the information needed to produce a comprehensive report and push for reforms that prioritize American safety and sovereignty.”
FAIR’s investigation highlights incidents such as the August 2025 Florida crash caused by an illegal alien with a non-domiciled CDL, which resulted in three fatalities, as well as broader trends showing increased traffic accidents and fatalities linked to unlicensed or unqualified drivers. The investigation will underscore the need for stricter federal oversight and commonsense reforms.
The case is FAIR v. New York Dept. of Motor Vehicles, No. 901093-26 (N.Y. Supreme Court for Albany County).
