In brief
The Transportation Department's new regulations to restrict commercial driver’s licenses for immigrants have been paused by a federal appeals court, which argued that the safety rationale for these rules was inadequately addressed. Approximately 5% of commercial driver’s licenses are held by immigrants, yet they are involved in only 0.2% of fatal accidents. The rationale stems from a tragic crash in Florida, but the new rules would drastically cut the number of eligible noncitizen drivers from around 200,000 to just 10,000 based on specific visa categories.
The Transportation Department's new restrictions that would severely limit which immigrants can get commercial driver’s licenses to drive a semitrailer truck or bus have been put on hold by a federal appeals court in Washington, D.C.
On Thursday, the court ruled that the regulations announced by Transportation Secretary Sean Duffy in September cannot be enforced at this time. These new regulations were introduced following a Florida crash caused by a driver who was not authorized to be in the U.S. and resulted in three fatalities.
The court criticized the federal government for not adhering to the proper procedures while drafting these rules, and argued that they failed to provide a compelling explanation of how the restrictions would enhance safety. The Federal Motor Carrier Safety Administration's own data indicated that immigrants with commercial licenses contribute to just 0.2% of all fatal crashes, despite holding about 5% of such licenses.
Duffy's advocacy for these restrictions is partly rooted in incidents involving immigrant drivers in California. A recent audit uncovered that many immigrants had received licenses in California that remained valid even after their work permits had expired. In response, California recently revoked 17,000 commercial licenses.
Neither Duffy nor California Gov. Gavin Newsom provided immediate comments regarding the court's ruling.
Duffy has linked the need for these new restrictions to serious incidents involving unlicensed drivers, including a recent fatal crash in California involving an undocumented truck driver.
The proposed changes would mean that only immigrants holding specific visa types (H-2a, H-2b, and E-2) would qualify for a commercial driver’s license; approximately 10,000 out of 200,000 noncitizens currently holding such licenses would meet the new criteria. All other drivers would retain their licenses until renewal time.
Trucking trade groups, like the Owner-Operator Independent Drivers Association, have expressed support for new regulations, arguing that current loopholes may endanger public safety by allowing unqualified drivers on the roads. A congressional bill is also being considered to make these restrictions permanent.
In light of these issues, Duffy threatened to revoke federal funding for California as they failed to enforce criteria that would prevent illegal commercial licenses. He also alluded to possibly rescinding an additional $160 million for these infractions if corrective action isn't taken.
This situation continues to evolve, with advocates taking various positions on both sides of the debate about immigrant drivers and road safety.
