There is another bill in Congress aimed at preventing “illegal immigrants” from receiving a CDL.
The candidly named No CDLs for Illegals Act was introduced by Rep. Jeff Van Drew, R-N.J., on Oct. 28.
HR5863 would require CDL candidates to present proof of citizenship, lawful permanent resident status or a valid work authorization document. The bill would prohibit a state from issuing a CDL to an individual who is not domiciled in the state, and it would require states to use the SAVE system to verify a non-citizen applicant’s immigration status. States would be obligated to deny any applicants if the SAVE system doesn’t confirm lawful presence in the United States.
Additionally, the bill would allow the Secretary of Transportation to suspend funds from states that improperly issue CDLs.
The No CDLs for Illegals Act also takes aim at trucking companies that hire drivers with invalid licenses. HR5863 would direct the DOT to issue a rulemaking that would fine motor carriers that knowingly employ drivers who don’t hold a valid CDL.
Other bills
In recent months, multiple bills have been introduced to address the issuance of non-domiciled CDLs.
The Non-Domiciled CDL Integrity Act, or HR5688, would simply implement the Trump administration’s emergency interim final rule into law. HR5688 was introduced by Rep. David Rouzer, R-N.C., on Oct. 3.
The interim final rule, as well as Rouzer’s bill, would drastically reduce the number of non-domiciled CDLs that can be issued. An Employment Authorization Document (EAD) would no longer be enough to obtain a non-domiciled CDL. Additionally, asylum seekers, asylees, refugees and Deferred Action for Childhood Arrivals (DACA) recipients would be excluded from eligibility. The majority of current non-domiciled CDL-holders possess an EAD.
Rouzer’s bill is significant because the DOT’s interim final rule on non-domiciled CDLs has received legal challenges and could easily be changed once a new administration takes office. Changing a law, however, would be a much more difficult hurdle to overcome. HR5688 already has more than 30 co-sponsors.
On Sept. 30, Rep. Beth Van Duyne, R-Texas, introduced the Protecting America’s Roads Act. HR5670 would create additional requirements before a CDL can be issued to a non-U.S. citizen. LL
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