Illinois is the latest target of the U.S. Department of Transportation in its efforts to clamp down on non-domiciled CDLs.
Last September, the Federal Motor Carrier Safety Administration issued an emergency interim final rule addressing non-domiciled CDLs. The rule put stricter requirements on non-citizens to be eligible.
A legal challenge put the interim final rule on hold. On Feb. 13, FMCSA published the final rule after going through the regular rulemaking process. New rules go into effect on March 16.
The Owner-Operator Independent Drivers Association has supported the DOT’s efforts to crack down on the issuance of non-domiciled CDLs.
“For too long, loopholes in this program have allowed unqualified drivers onto our highways, putting professional truckers and the motoring public at risk,” OOIDA President Todd Spencer said. “This final rule is a major step toward safer roads, stronger accountability and a more professional trucking industry.”
While the rulemaking process was underway, the DOT was conducting audits of states issuing non-domiciled CDLs. Those audits have started to come in.
So far, California, Colorado, Minnesota, Pennsylvania, New Mexico, North Carolina, South Dakota, Texas and Washington have all received letters from the DOT threatening to withhold millions of dollars in federal funding unless they address issues related to non-domiciled CDLs.
North Carolina and New York’s audits revealed that 54% of the non-domiciled CDLs reviewed were issued illegally. The DOT uncovered problems with nearly half of the Texas CDLs audited.
Illinois is now in the DOT’s crosshairs.
On Feb. 17, DOT Secretary Sean Duffy informed Gov. JB Pritzker that the state’s audit revealed nearly one in five non-domiciled CDLs were issued illegally.
If those CDLs are not revoked within 30 days, the DOT is threatening to pull $128 million in federal highway funding.
“I need our state partners to understand that they work for the American people, not illegal immigrants who broke the law illegally entering our country and continue to break it by operating massive big rigs without the proper qualifications,” Duffy said in a statement.
The audit found numerous non-domiciled CDLs that were valid despite the driver’s “lawful presence” having expired. Illinois is also accused of issuing licenses without first verifying lawful presence.
To avoid losing funding, Illinois must do the following:
- Immediately pause issuance of non-domiciled CDLs
- Identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations
- Revoke and reissue all non-compliant non-domiciled CDLs if they comply with the federal requirements
- Conduct a comprehensive internal audit to identify all issues that have resulted in the issuance of non-domiciled CDLs that did not meet federal rules
Illinois Secretary of State Alexi Giannoulias condemned the DOT’s threat to withhold federal funding.
Giannoulias said the state had been using FMCSA’s Systematic Alien Verification for Entitlements (SAVE) system to verify immigration status for non-domiciled CDLs before the interim rule was announced.
“A strong economy depends on strong logistics,” Giannoulias said in a statement. “If trucks don’t move, supply chains fail, prices rise, and families feel it in their pocketbooks. We can see the actions by the Trump administration taking their toll on our truckers and our farmers, both of whom are essential to Illinois’ economy.”
While the federal government is cracking down on non-domiciled CDLs, several states are taking the matter into their own hands. Missouri, Oklahoma, South Dakota and West Virginia have introduced bills to strengthen non-domiciled CDL rules.
Tennessee jumped ahead of any DOT audit and announced it was asking nearly 9,000 CDL holders to provide proof of citizenship or lawful presence. Meanwhile, Sen. Jim Banks, R-Ind., has set up a TruckSafe Tipline that allows anyone to “share concerns about carriers employing or contracting with drivers who are not legally in the United States, who are not authorized to drive a truck, or who cannot meet required English-language safety standards.” LL
Land Line Senior Editor Mark Schremmer and Staff Writer Ryan Witkowski contributed to this story.
Credit: Source link
