Federal Court Blocks Immigrant CDL Rule
In the latest update in what we will call the English Enforcement Saga, a District of Columbia Court of Appeals has ruled against the United States Department of Transportation (DOT) in regards to a new rule that would change the scope of which non-citizens can obtain Commercial Driver’s Licenses (CDL).
Details
The court ruled a stop to the new rule on three grounds:
- The court said the federal government did not go through proper procedure.
- The court said the federal government did not “articulate a satisfactory explanation for how the rule would promote safety.”
- The court cited the DOT’s own data that says despite making up 5% of all CDL holders, they are responsible for only 0.2% of all fatal crashes, a proportionality factor of 1/25th.
The news comes hot off the heels of Transportation Secretary Sean Duffy’s enforcement crackdown on CDL issuance after recent crashes caused by non-citizen drivers have caused a small string of tragedies that have received extensive press coverage.
Conclusion
It is likely that, because this is a government versus government case, the DOT will appeal as far as they can go, up to the Supreme Court if it is willing to hear the case.
Despite the Appeals Court blocking the new rule, the DOT has made some strides in upping English enforcement across the nation. Most notably in California, after Duffy revoked $40 million in federal funding from California, the Golden State went on to suspend 17,000 CDLs given to immigrants after discovering the expiration dates for those CDLs went beyond the time periods those immigrants were allowed to be in the United States legally.
Though Duffy has targeted California because it is the most populous state in the nation, home to about 11.5% of all people in the nation, Duffy hopes to expand into turning the screws on other states, a measure he has had difficulty implementing during the government shutdown but may now go into overdrive as Congress found a resolution that will last until the end of January 2026. Now that the government will be back in full force, Duffy’s department may just very well do that.
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