[House Hearing, 119 Congress]
[From the U.S. Government Publishing Office]
HIGHWAY SAFETY UNDER THREAT: EXAMINING
NON-DOMICILED CDL ISSUANCE TO ILLEGAL
ALIENS
=======================================================================
HEARING
BEFORE THE
SUBCOMMITTEE ON
OVERSIGHT, INVESTIGATIONS,
AND ACCOUNTABILITY
OF THE
COMITTEE ON HOMELAND SECURITY
HOUSE OF REPRESENTATIVES
ONE HUNDRED NINETEENTH CONGRESS
SECOND SESSION
__________
MARCH 4, 2026
__________
Serial No. 119-41
__________
Printed for the use of the Committee on Homeland Security
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
64-200 PDF WASHINGTON : 2026
=======================================================================
COMMITTEE ON HOMELAND SECURITY
Andrew R. Garbarino, New York, Chairman
Michael T. McCaul, Texas, Vice Bennie G. Thompson, Mississippi,
Chair Ranking Member
Michael Guest, Mississippi Eric Swalwell, California
Carlos A. Gimenez, Florida J. Luis Correa, California
August Pfluger, Texas Shri Thanedar, Michigan
Tony Gonzales, Texas Seth Magaziner, Rhode Island
Morgan Luttrell, Texas Daniel S. Goldman, New York
Dale W. Strong, Alabama Delia C. Ramirez, Illinois
Josh Brecheen, Oklahoma Timothy M. Kennedy, New York
Elijah Crane, Arizona LaMonica McIver, New Jersey
Andrew Ogles, Tennessee Julie Johnson, Texas, Vice Ranking
Sheri Biggs, South Carolina Member
Gabe Evans, Colorado Pablo Jose Hernandez, Puerto Rico
Ryan Mackenzie, Pennsylvania Nellie Pou, New Jersey
Brad Knott, North Carolina James R. Walkinshaw, Virginia
Vince Fong, California Troy A. Carter, Louisiana
Matt Van Epps, Tennessee Al Green, Texas
Vacant
Keighle Joyce, Staff Director
Hope Goins, Minority Staff Director
Sean Corcoran, Chief Clerk
------
SUBCOMMITTEE ON OVERSIGHT, INVESTIGATIONS, AND ACCOUNTABILITY
Josh Brecheen, Oklahoma, Chairman
Dale W. Strong, Alabama Shri Thanedar, Michigan, Ranking
Andrew Ogles, Tennessee Member
Brad Knott, North Carolina Delia C. Ramirez, Illinois
Matt Van Epps, Tennessee Troy A. Carter, Louisiana
Andrew R. Garbarino, New York, (ex Al Green, Texas
officio) Bennie G. Thompson, Mississippi
(ex officio)
Grayson Westmoreland, Subcommittee Staff Director
Lisa Canini, Minority Subcommittee Staff Director
C O N T E N T S
----------
Page
Statements
The Honorable Josh Brecheen, a Representative in Congress From
the State of Oklahoma, and Chairman, Subcommittee on Oversight,
Investigations, and Accountability:
Oral Statement................................................. 1
Prepared Statement............................................. 4
The Honorable Shri Thanedar, a Representative in Congress From
the State of Michigan, and Ranking Member, Subcommittee on
Oversight, Investigations, and Accountability:
Oral Statement................................................. 6
Prepared Statement............................................. 7
The Honorable Bennie G. Thompson, a Representative in Congress
From the State of Mississippi, and Ranking Member, Committee on
Homeland Security:
Prepared Statement............................................. 7
Witnesses
Mr. Tim Tipton, Commissioner, Oklahoma Department of Public
Safety:
Oral Statement................................................. 9
Prepared Statement............................................. 10
Mr. Richard R. Del Toro, Jr., Sheriff, St. Lucie County Sheriff's
Office:
Oral Statement................................................. 15
Prepared Statement............................................. 16
Ms. Wendy Liu, Attorney, Public Citizen Litigation Group:
Oral Statement................................................. 18
Prepared Statement............................................. 20
For the Record
The Honorable Shri Thanedar, a Representative in Congress From
the State of Michigan, and Ranking Member, Subcommittee on
Oversight, Investigations, and Accountability:
Letter From the AFL-CIO........................................ 34
Appendix
Questions From Honorable Al Green for Wendy Liu.................. 45
HIGHWAY SAFETY UNDER THREAT: EXAMINING NON-DOMICILED CDL ISSUANCE TO
ILLEGAL ALIENS
----------
Wednesday, March 4, 2026
U.S. House of Representatives,
Committee on Homeland Security,
Subcommittee on Oversight, Investigations,
and Accountability,
Washington, DC.
The subcommittees met, pursuant to notice, at 2:57 p.m., at
Room 310, Cannon House Office Building, Hon. Josh Brecheen
(Chairman of the subcommittee) presiding.
Present: Representatives Brecheen, Strong, Van Epps, Fong,
Thanedar, Carter, and Green.
Mr. Brecheen. Good afternoon. The Committee on Homeland
Security Subcommittee on Oversight, Investigations, and
Accountability will come to order. Without objection, the Chair
may declare the committee in recess at any point.
The purpose of this hearing is to examine how the issuance
of non-domiciled commercial driver's licenses to individuals
who are unlawfully present in the United States endangers
public safety. We are pleased to have an expert----
Mr. Thanedar. Mr. Chairman, I have a parliamentary
question. Under clause 2(k)(1) of rule XI, the Chair shall
announce in an opening statement the subject of the hearing and
under clause 2(k)(8) of rule XI, the committee is the sole
judge of the pertinence of testimony and evidence adduced at
its hearing. In order to judge if these rules could possibly be
satisfied today, could the Chair please tell us how the topic
of this hearing and the testimony of these witnesses accords
with the committee's rule X jurisdictional statement?
Mr. Brecheen. You know, overall you are asking about the
jurisdiction of this committee relative to this subject. Given
the Homeland Security's oversight of the immigration
naturalization elements and how that pertains to ICE, how that
pertains to a number of different issuances, this falls within
our jurisdiction as a committee.
Mr. Thanedar. Mr. Chair, per rule X, the Transportation and
Infrastructure Committee has jurisdiction over transportation
regulatory agencies and roads and safety thereof, and
transportation safety and transportation labor. Any bills to
improve highway safety would need to be considered and voted on
by that committee. I want it on the record before we start that
this hearing is really about nothing more than scapegoating
immigrants for the President's economy, which is running off
the road.
Mr. Brecheen. In response, I am going to just read to you
something so everyone can be clear why we have jurisdiction.
``While DOT is the primary Federal regulator of CDLs, DHS plays
a critical role in granting work authorizations and immigration
benefits through U.S. Citizenship and Immigration Services,
working with DOT to verify lawful presence in the country, and
tasking ICE to arrest and remove deportable aliens who are
encountered in the course of commercial vehicle enforcement. In
particular, through 287 agreements with State and law
enforcement, since September 2025, ICE has partnered with State
highway patrol agencies in several States, can conduct joint
enforcement operations targeting illegal aliens operating
commercial motor vehicles, resulting in significant arrests and
taking unsafe drivers off the road.
``Additionally, compliance with Real ID requirements is
also a major security concern. As some States have issued CDLs,
clearly fail basic verification safeguards, including the
instance where the ID listed its holder as, ``no name given,''
in my home State of Oklahoma, this was discovered, ``for a
license that allowed the holder to operate a commercial
driver's license. The Real ID Act of 2005, passed on the
recommendations of the 9/11 Commission, established new
standards for identification documents such as a driver's
license as a way to verify the identities and check the
backgrounds of individuals entering vulnerable facilities,
especially in the transportation system.''
As someone, myself, who has a class A CDL, I understand the
danger when someone has a hazmat endorsement and 80,000 pounds
used as a chemical bomb. This is absolutely under the
jurisdiction of this committee.
Mr. Thanedar. Well, Mr. Chair, if I may----
Mr. Brecheen. The gentleman has not been recognized. If the
gentleman has a follow-up, I will recognize him. You are
recognized.
Mr. Thanedar. Thank you, Mr. Chair. Chairman, the DOT alone
regulates licenses regardless of immigration status. Look,
every collision is a tragedy, but it is already illegal and
undocumented--that for undocumented immigrants to hold a CDL.
Nothing the Trump administration is proposing, which will take
lawful drivers off the road, will improve highway safety. DOT's
rules and GOP bills will actually do the opposite, resulting in
more lives lost.
Mr. Brecheen. All right. To the Ranking Member, this is
going to be my last statement on the subject. I am citing from
rule X of clause 1, the rules of the House, number 3,
Functions--Committee on Homeland Security. Number 3, part of
its functions, ``Functions of the Department of Homeland
Security relating to the following: border/port security; B,
customs; C, integration; E, research development; 5--or F,
transportation security.''
All right. With that, we will continue.
I now recognize myself for an opening statement.
Good afternoon again. Thank you for joining us today. Today
the subcommittee will examine a serious growing threat to
public safety and the rule of law: the issuance of non-
domiciled commercial driver's license to illegal aliens
unlawfully present in the United States.
Commercial truck drivers are the backbone of the American
economy. Every day they transport food, fuel, medicine, and
other critical supplies all across the United States and enable
everyday life to continue without disruption. Currently,
Federal law, individual States are responsible for issuance of
CDLs, but they must do so in strict compliance with the
standards set by the Federal Motor Carrier Safety
Administration. The FMCSA requires that for a State to issue a
non-domiciled CDL, they must require the individual be legally
present in the United States and meet minimum standards for
testing, identity, and verification. The FMCSA also recognizes
that noncitizens have a basic understanding of the English
language to read and understand road signs. Yet recent
Department of Transportation audits have revealed alarming
failures by many States to comply with these requirements.
For example, in Illinois, 1 in 5 non-domiciled CDLs failed
to meet Federal standards. Last November, the Department of
Transportation found that California had illegally issued
17,000 non-domiciled CDLs. California had illegally issued
17,000 non-domiciled CDLs. A 2025 audit by FMCSA found that
over 50 percent of the non-domiciled CDLs issued by the State
of New York were in violation of Federal law.
As President Trump highlighted in his State of the Union
address last week, this issue has seen real and devastating
consequences. In 2025 alone, at least 17 fatal crashes
resulting in 30 deaths were caused by illegal aliens driving
commercial vehicles with CDLs. One of the most tragic examples
was a crash in St. Lucie County, Florida. Lucie County,
Florida, am I saying that correctly? Sheriff, is that correct?
Thank you. An illegal alien from India failed the CDL test 10
times in the span of 2 months. I want to repeat that. This
accident occurred in your county. An illegal alien from India,
who failed a CDL test 10 times in the span of 2 months in the
State of Washington, managed to obtain his license, however, in
California, then drove his 18-wheeler to Florida and caused a
serious vehicle incident after making an illegal U turn,
instantly killing 3 people.
These are not paperwork errors. Rather they represent
systematic breakdowns and oversight that put American families
at risk. These tragic incidents were caused by drivers who
should never have been entrusted with commercial driver's
licenses in the first place. These individuals were unfit to
hold that credential and if States would follow through with
standards and laws, they would not qualify them to receive one.
The human cost of these failures is painful. In 2024, 5-
year-old Dalilah Coleman was nearly killed when a tractor-
trailer driven by an illegal alien carried a fraudulent non-
domiciled CDL, directly collided with the vehicle she was in.
Following this incident, Dalilah endured a coma and months of
hospitalization and had to relearn how to walk, talk, and eat.
Her recovery was nothing short of a miracle. While I am
grateful that Dalilah is making progress and her recovery must
be clear, this tragedy should never have happened. When the
rules that protect the public are treated as optional by
certain States, innocent people like Dalilah pay the price.
You do not have to be a scholar to understand what a bad
actor could do with a 40-ton tractor-trailer, especially one
hauling hazardous cargo onto highways. In the wrong hands, that
vehicle is not just a truck, it is a weapon capable of
threatening public safety and national security.
This trend is a direct consequence of former President
Biden's open border policy. President Biden claimed to have
created more than 870,000 new CDL holders in his first year in
office. The non-domiciled element absolutely a part of that,
870,000 in 1 year. In contrast, the Trump administration has
been working diligently to combat this issue, taking several
critical steps in recent months to restore accountability and
compliance with Federal laws. This includes a final rule issued
in February by the Department of Transportation, significantly
tightens eligibility standards for receiving non-domiciled
commercial driver's licenses. Additionally, the Department of
Homeland Security has increased its coordination with many
States looking to crack down on illegal aliens driving
commercial vehicles, launching several successful operations in
Indiana and my home State of Oklahoma, also Texas and Wyoming,
to name a few.
Finally, some States, like Oklahoma, have taken steps to
introduce legislation to combat this problem. Model legislation
in May of last year, Oklahoma passed the Oklahoma Secure Roads
and Safe Trucking Act, authored by State Senator Kendal
Sacchieri and State Representative Jonathan Wilk, which
increases the threshold of non-domiciled CDLs and requires that
an individual provide proof of foreign citizenship and valid
work visa and demonstrate English language proficiency. It is
my hope that all States follow the footsteps of Oklahoma as
they look to solve this issue.
Just as a side note, as Mr. Tipton is going to testify here
shortly, 500 people were positioned to be removed, found in a
September analyzation of weigh stations, Western Oklahoma I-40,
of being in violation of FMCSA. Five hundred in Oklahoma in a
very short time frame, showing how people come in through our
State. Following suit of this change of statute is something
that every State ought to be looking to replicate, every
Governor, because of the tens of thousands of these commercial
truck drivers that are on the roads coming through your State.
Although we are righting previous wrongs, we must remain
vigilant. We must make sure the States enforce the law, keep
licenses out of the hands of unqualified people who are
unlawfully present. It is not a matter only of public safety,
but a matter of national security.
Again, I want to thank our witnesses for being here today,
and I now yield to Ranking Member Thanedar.
[The statement of Chairman Brecheen follows:]
Statement of Chairman Josh Brecheen
March 4
Good afternoon and thank you for joining us today.
Today, this subcommittee will examine a serious and growing threat
to public safety and to the rule of law: the issuance of Non-Domiciled
Commercial Driver's Licenses to illegal aliens unlawfully present in
the United States.
Commercial truck drivers are the backbone of the American economy.
Every day, they transport food, fuel, medicine, and other critical
supplies all across the United States and enable every-day life to
continue without disruption.
Currently, under Federal law, individual States are responsible for
the issuance of CDLs, but they must do so in strict compliance with
standards set by the Federal Motor Carrier Safety Administration.
The FMCSA requires that in order for a State to issue a non-
domiciled CDL, they must require that the individual be legally present
in the United States, and meet minimum standards for testing, identity,
and verification.
The FMCSA also requires that non-citizens have a basic
understanding of the English language to read and understand road
signs.
Yet recent Department of Transportation audits have revealed
alarming failures by States in compliance with these requirements.
Unsurprisingly, sanctuary States are at the root of this problem.
A 2025 audit found that over 50 percent of non-domiciled CDL's
issued by New York were in violation of Federal law.
In Illinois, 1 in 5 non-domiciled CDL's failed to meet Federal
standards. And last November, the Department of Transportation found
that California had illegally issued 17 thousand non-domiciled CDL's.
These are not paperwork errors. Rather, they represent systemic
breakdowns in oversight that put American families at risk.
As President Trump highlighted in his State of the Union address
last week, this issue has had real and devastating consequences. In
2025 alone, at least 17 fatal crashes, resulting in 30 deaths, were
caused by illegal aliens driving commercial vehicles with CDLs.
These tragic incidents were caused by drivers who should never have
been entrusted with a commercial driver's license in the first place.
These individuals were unfit to hold that credential and, if
sanctuary States would follow existing standards and laws, would not
qualify to receive one.
The human cost of these failures is painfully real. In June 2024,
5-year-old Dalilah Coleman was nearly killed when a tractor trailer
driven by an illegal alien carrying a fraudulent non-domiciled CDL
directly collided with the vehicle she was in. President Trump
recognized her story during last week's address as a sobering reminder
of what is at stake.
Following this incident, Dalilah endured a coma and months of
hospitalization and had to re-learn how to walk, talk, and eat. Her
recovery is nothing short of a miracle.
While I am grateful Dalilah is making strong progress in her
recovery, we must be clear: this tragedy should never have happened.
When the rules that protect the public are treated as optional,
innocent people like Dalilah pay the price.
You do not have to be a scholar to understand what a bad actor
could do with a 40-ton tractor trailer, especially one hauling
hazardous cargo onto highways.
In the wrong hands, that vehicle is not just a truck; it's a weapon
capable of threatening public safety and our national security.
The Trump administration has been working diligently to solve this
issue, taking several critical steps in recent months to restore
accountability and compliance with Federal laws.
This includes a final rule issued in February by the Department of
Transportation that significantly tightens eligibility standards for
receiving non-domiciled commercial driver's licenses.
Additionally, the Department of Homeland Security has increased its
coordination with many States looking to crack down on illegal aliens
driving commercial vehicles, launching several successful operations in
Indiana, Oklahoma, Texas, and Wyoming, to name a few.
Finally, some States, like my home State of Oklahoma, have taken
steps to introduce legislation to combat this problem. In May of last
year, Oklahoma passed the Oklahoma Secure Roads and Safe Trucking Act
of 2025, which increases the threshold of non-domiciled CDLs and
requires that an individual provide proof of foreign citizenship and
valid work visa, and demonstrate English language proficiency.
It is my hope that all other States follow in the footsteps of
Oklahoma as they look to solve this issue.
Although we are righting previous wrongs, we must remain vigilant.
We must make sure that States enforce the laws and keep these licenses
out of the hands of unqualified people who are unlawfully present in
this country, instead of recklessly endangering the American public who
are just trying to go about their daily lives.
This is not only a matter of public safety, but also a matter of
national security.
Again, I want to thank our witnesses for being here today and I now
yield to Ranking Member Thanedar.
Mr. Thanedar. Thank you, Chairman. Good afternoon to all.
This past weekend a convicted felon with bone spurs
illegally attacked Iran, launching a protracted war of regime
change. President Trump callously said, and I quote, ``We may
have casualties, that often happens in wars,'' dismissing the
over 1,000 lives lost thus far, including 6 American service
members and 175 at a girls school. The Republican-run Congress
sat idly by rather than returning to Washington to claim the
war powers granted to it in the Constitution. This
subcommittee, rather than focusing on how Trump's war threatens
the homeland, is holding yet another hearing on demonizing
hard-working immigrants.
I am an immigrant who came to this country with very little
and worked hard to achieve the American Dream. Our country is
built on the promise that anyone, regardless of their
background, can come here, work hard, and succeed. That is why
I am disturbed and offended that the Trump administration is
responding to American Truckers United's call to eliminate
trucking operators from foreign lands.
The Department of Transportation is actively trying to
strip refugees, asylees, and DACA recipients of their
commercial driver's license under the false pretense of highway
safety. If DOT is successful, 200,000, or 5 percent, of
commercial drivers will be removed from the road. We are all
highly dependent upon these drivers to move goods across the
country, take our children to school, transport commuters,
maintain and repair roads, and clear streets after the storm.
Over 70 percent of the Nation's freight moves by truck.
Reducing the number of commercial drivers will disrupt the
economy and deepen the affordability crisis that already
plagues America.
The U.S. economy is running out of road. Americans are
already struggling to afford groceries, medicine, and other
goods because of Trump's tariffs. Fewer drivers also means
fewer school buses, mass transit services, and snowplows. Daily
life will get harder except for the men in the Epstein files
who fly in luxury jets to private islands.
Replacing 200,000 experienced CDL drivers with less
experienced drivers, who statistically are more prone to
accidents, will reduce safety. Rather than pursuing sensible
solutions to prevent collisions, such as requiring speed-
limiting technologies in trucks, the Trump administration would
rather punish immigrants who have a safer driving record than
U.S. citizens.
Immigrants with non-domiciled CDLs have invested
significant resources to satisfy the training, skills,
knowledge tests, and requirements applicable to all individuals
seeking to hold CDLs. It is already illegal to issue CDLs to
undocumented migrants and Federal law requires commercial
motorway operators to be proficient in English, including
highway traffic signs and signals. Enforce the existing laws,
but do not strip immigrants who are here legally of their
livelihood, which will harm the U.S. economy and reduce public
services.
I thank Ms. Liu for joining us today and look forward to
her explaining how she is fighting the Trump administration's
illogical attempts to change the eligibility rules for CDLs.
Thank you, Mr. Chair. I yield back.
[The statement of Ranking Member Thanedar follows:]
Statement of Ranking Member Shri Thanedar
March 4, 2026
This past weekend, a convicted felon with bone spurs illegally
attacked Iran, launching a protracted war of regime change. President
Trump callously said, ``we may have casualties, that often happens in
war,'' dismissing the almost 600 lives lost thus far, including 6
American service members and 175 at a girls' school.
The Republican-run Congress sat idly by rather than returning to
Washington to claim the war powers granted to it in the Constitution.
And this subcommittee, rather than focusing on how Trump's war
threatens the homeland, is holding yet another hearing on demonizing
hard-working immigrants.
I am an immigrant who came to this country with very little and
worked hard to achieve the American Dream. Our country is built on the
promise that anyone, regardless of their background, can come here,
work hard, and succeed. That is why I am disturbed and offended that
the Trump administration is responding to American Truckers United's
calls to eliminate ``trucking operators from foreign lands.''
The Department of Transportation (DOT) is actively trying to strip
refugees, asylees, and DACA recipients of their commercial driver's
licenses (CDLs) under the false pretense of highway safety. If DOT is
successful, 200,000--or 5 percent--of commercial drivers will be
removed from the road.
We are all highly dependent upon these drivers to move goods across
the country, take our children to school, transport commuters, maintain
and repair roads, and clear streets after a storm. Over 70 percent of
the Nation's freight moves by truck. Reducing the number of commercial
drivers will disrupt the economy and deepen the affordability crisis
that already plagues America.
The U.S. economy is running out of road. Americans are already
struggling to afford groceries, medicine, and other goods because of
Trump's tariffs. Fewer drivers also means fewer school buses, mass
transit services, and snowplows. Daily life will get harder except for
the men in the Epstein files who fly in luxury jets to private islands.
Replacing 200,000 experienced CDL drivers with less experienced
drivers--who statistically are more prone to accidents--will reduce
safety.
Rather than pursuing sensible solutions to prevent collisions, such
as requiring speed-limiting technologies in trucks, the Trump
administration would rather punish immigrants who have a safer driving
record than U.S. citizens.
Immigrants with non-domiciled CDLs have invested significant
resources to satisfy the training, skills, knowledge tests, and
requirements applicable to all individuals seeking to hold CDLs. It is
already illegal to issue CDLs to undocumented migrants, and Federal law
requires commercial motor operators to be proficient in English,
including highway traffic signs and signals.
Enforce the existing laws, but do not strip immigrants who are here
legally of their livelihood, which will harm the U.S. economy and
reduce public services. I thank Ms. Liu for joining us today and look
forward to her explaining how she is fighting the Trump
administration's illogical attempts to change the eligibility rules for
CDL holders.
Mr. Brecheen. All right. I thank the Ranking Member.
Other Members of the committee are reminded opening
statements may be submitted for the record.
[The statement of Ranking Member Thompson follows:]
Statement of Ranking Member Bennie G. Thompson
March 4, 2026
I find it disappointing that my Republican colleagues have called
this hearing to discuss a topic solely in another committee's
jurisdiction when we could be discussing how Kristi and Corey have
weaponized the Department of Homeland Security (DHS) against the
American people.
My colleagues must know that no State is legally allowed to issue
non-domiciled commercial driver's licenses (CDLs) to undocumented
migrants. Only lawful immigrants, proficient in English, can obtain
commercial driver's licenses. This has been Federal law long before
Trump stepped foot in the White House the first time. And despite the
racist and nativist tropes blaming non-domiciled commercial drivers for
truck crashes, the truth is they are underrepresented in fatal
collisions, accounting for less than 1 percent.
If Republicans really cared about highway safety, they would
consider recommendations grounded in crash data studies such as
requiring side guards for 18-wheelers and automatic braking systems.
The Department of Transportation's (DOT) new rule depriving asylum
seekers and refugees of commercials licenses is nothing more than
another cruel and spiteful plan, driven by white nationalism, to hurt
immigrants trying to make a better life for themselves. But no mistake,
it will also hurt all Americans.
Depriving immigrants of CDLs will disrupt the U.S. economy. DOT's
rule would force 200,000 commercial drivers off the road, straining
supply chains and causing lengthy delays in delivering food and goods.
These drivers are the same ones who provide essential public services,
including driving our children to school, operating snowplows during
chilling blizzards, and running the mass transit system. Removing
experienced truckers from the road makes our roads less safe, not more
safe.
This hearing is a distraction from the chaos and corruption
occurring at DHS daily. This subcommittee should be conducting
oversight of DHS's occupation of American cities that resulted in the
murder of U.S. citizens by masked law enforcement and the arrest of
protesters exercising their First Amendment right. The crackdown in
Minneapolis was so egregious that it was a relief to see Tom Homan--the
father of family separation--replace ``Commander at Large'' and Nazi
fashion aficionado Greg Bovino.
That's the same Tom ``Bags of Cash'' Homan who has lots of company,
just not good company, when it comes to grifting off DHS. Contracts
worth millions for planes, cars, and media campaigns have all been
awarded to Trump megadonors or those with ties to senior DHS officials.
What isn't being spent is billions in disaster aid the Trump
administration is unlawfully withholding from State and local
governments.
Although our communities are being denied flood assistance, they
are being flooded with 10,000 unqualified immigration officers hired by
DHS and pushed into the field without adequate training. But you won't
find a job at the Department's cybersecurity agency even though it lost
one-third of its total workforce since Trump took over, significantly
weakening its ability to defend critical infrastructure from cyber
attacks while we are at war with Iran.
There is so much chaos and corruption within DHS that there is no
need for Republicans to conduct oversight of topics outside this
committee's jurisdiction.
Mr. Brecheen. I am pleased to have a distinguished panel of
witnesses before us today on this critical topic. Pursuant to
committee rule VIII(C), I ask our witnesses to please rise and
raise their right hands.
[Witnesses sworn.]
Mr. Brecheen. Let the record reflect that the witnesses
have answered in the affirmative. Thank you. Please be seated.
I would now like to formally introduce our witnesses. Mr.
Tim Tipton is the commissioner of my home State of the Oklahoma
Department of Public Safety. He is a nationally-recognized
expert on police training practices and with nearly 38 years of
experience at the department.
Mr. Richard Del Toro, Jr. is the sheriff of St. Lucie
County, Florida. Prior to his election as sheriff, Mr. Del Toro
served his 26 years with the Port St. Lucie Police Department,
retiring as chief of police. Foreign Affairs Chairman Mast was
going to try to be here to do a special introduction, but he
got held up in other activities.
Ms. Wendy Liu is an attorney at Public Citizen Litigation
Group. I thank each of our distinguished witnesses for being
here today.
I now recognize Commissioner Tipton for 5 minutes to
summarize his opening statement.
STATEMENT OF TIM TIPTON, COMMISSIONER, OKLAHOMA DEPARTMENT OF
PUBLIC SAFETY
Mr. Tipton. Thank you, Chairman Brecheen and Ranking Member
Thanedar and esteemed Members of the subcommittee. I appreciate
the opportunity to share with you the Oklahoma Highway Patrol's
experience with the shocking amount of transnational freight
being transported by illegal aliens.
The month after President Trump took office, ICE announced
its Task Force Model Agreements. These agreements allowed State
and local officers to become credentialed to enforce
immigration laws during routine law enforcement encounters. OHP
immediately joined and rapidly sent all 730 of its officers
through the ICE credentialing process. With every Oklahoma
trooper now having an ICE credential, we've been given a unique
and first-hand view of the prolific problem of illegal aliens
operating CMVs on our national interstate and defense highway
system.
By way of a quick example, last September, OHP and ICE
conducted a joint emphasis in Western Oklahoma along the
Interstate 40 corridor. During this emphasis, OHP took 90 CMV
operators into custody for immigration violations, aliens from
all over Eastern Europe, Asia, and Africa. This means that in
an approximate 24 hours of shift work on a random weekday in
the middle of our heartland, roughly 50 percent of OHP CMV
encounters resulted in the arrest of an illegal alien. In fact,
since late summer of '25-- 2025--OHP has taken over 450 CMV
operators into custody for immigration violations. Many of
these drivers struggle with even basic English language
proficiency and likely receive their licenses from an
unscrupulous CDL mill.
Through this experience, OHP has learned of several
concerning problems with the Federally-regulated system for
issuance of CDLs. I will share an account of one OHP
immigration arrest that highlights these problems. During a
joint OHP-ICE emphasis, OHP encountered a driver operating an
80,000-pound semi-truck traveling from California to Missouri.
As our trooper was performing a standard CMV inspection, the
driver presented a Real ID-compliant CDL with the first name
listed as ``No name given.'' After discovering the driver was
an illegal alien, our trooper used his ICE 287(g) credential to
arrest him for immigration violations.
On many similar occasions, we've encountered illegal aliens
operating with facially valid CDLs, CDLs with expiration dates
far exceeding the alien's temporary immigration status, CDLs
not being labeled non-domiciled as required by FMCSA
regulations, and Real IDs being issued to illegal aliens,
including Real IDs listing only a first or last name. OHP's
experience corroborates the FMCSA's recent policy position that
an employment authorization document, or an EAD, is an
inadequate qualifier for an alien to operate in this highly
regulated critical infrastructure industry.
FMCSA's recent rule-making on non-domiciled CDLs represents
a practical and effective solution to many of these problems.
However, challengers have already filed suit to upend FMCSA's
new rules. I urge Congress to support this rule-making effort
and to pass any legislation that may be necessary to respond to
judicial challenges.
That leaves the concerns about Real IDs being issued to
aliens with a tenuous immigration status. I'm surprised and
concerned about the temporary aliens being granted Real IDs. As
you are aware, the purpose of a Real ID is to serve as a
gatekeeping function into Federal facilities, commercial
airline travel, and even nuclear facilities. However, the act
authorizes issuance of Real IDs to aliens with nothing more
than temporary visas, pending applications for asylum, or
temporary protected status, or even a deferred action status,
which is merely a parole into the United States. In view of the
gatekeeping function of Real IDs, I urge reconsideration of the
qualifiers for aliens to receive these credentials.
Let us not forget that a CDL with a hazardous materials
endorsement permits a driver to drive a liquid bomb to
virtually any location in America. Nine-eleven should remind us
how critical it is to safeguard our transportation network. A
coordinated nationwide enforcement effort is critical to
protecting our Nation not only from dangers to the motoring
public of unqualified alien drivers, but also from potential
terrorist threats.
Thank you again, Chairman Brecheen, Ranking Member
Thanedar, and Members of the subcommittee for permitting me to
share with you the experience of the Oklahoma Highway Patrol.
[The prepared statement of Mr. Tipton follows:]
Prepared Statement of Tim Tipton
Thank you Chairman Brecheen, Ranking Member Thanedar, and esteemed
Members of the subcommittee. I appreciate the opportunity to share with
you the Oklahoma Highway Patrol's (OHP) experience with the shocking
amount of transnational freight being transported by illegal aliens.
The month after President Trump took office, ICE announced its Task
Force Model agreements. These agreements allow State and local officers
to become credentialed through ICE to enforce immigration laws during
routine law enforcement encounters. OHP immediately joined and rapidly
sent all 730 of its officers through the ICE credentialing process.
With every Oklahoma trooper now having an ICE credential, we have been
given a unique and first-hand view of the prolific problem of illegal
aliens operating commercial motor vehicles (CMVs) on our National
InterState and Defense Highway system.
By way of quick example, last September OHP and ICE conducted a
joint emphasis in western Oklahoma along the I-40 corridor. During this
emphasis, OHP took 90 CMV operators into custody for immigration
violations--aliens from all over Eastern Europe, Asia, and Africa.\1\
This means that in approximately 24 hours of shift work, on a random
weekday in the middle of our heartland, roughly 50 percent of OHP's CMV
encounters resulted in the arrest of an illegal alien.
---------------------------------------------------------------------------
\1\ Exhibit 1, Highlights from Joint OHP-ICE Emphasis in Beckham
County, OK; Sept. 23-24, 2025.
---------------------------------------------------------------------------
In fact, since late summer 2025, OHP has taken over 450 CMV
operators into custody for immigration violations. Many of these
drivers struggle with even basic English language proficiency and
likely received their licenses from unscrupulous CDL mills.\2\ Through
this experience, OHP has learned of several concerning problems with
the federally-regulated system for issuance of Commercial Driver
Licenses (CDLs). I will share an account of one OHP immigration arrest
that highlights these problems.
---------------------------------------------------------------------------
\2\ Trump's Transportation Secretary Sean P. Duffy Moves to Shut
Down Hundreds of CDL Mills Violating Federal Regulations. (Feb. 18,
2026). https://www.transportation.gov/briefing-room/trumps-
transportation-secretary-sean-p-duffy-moves-shut-down-hundreds-cdl-
mills.
---------------------------------------------------------------------------
During a joint OHP-ICE emphasis, OHP encountered a driver operating
an 80,000-pound semi-truck traveling from California to Missouri. As
our trooper was performing a standard CMV inspection, the driver
presented a REAL ID-compliant CDL with the first name listed as ``No
Name Given.'' After discovering the driver was an illegal alien, our
trooper used his ICE 287(g) credential to arrest him for immigration
violations.\3\ On many similar occasions, we have encountered:
---------------------------------------------------------------------------
\3\ Exhibit 2, ICE Arrest Illegal Alien Driving an 18-Wheeler with
New York Commercial Driver's License Issued to ``No Name'' (Oct. 10,
2026). https://www.dhs.gov/news/2025/10/10/ice-arrest-illegal-alien-
driving-18-wheeler-new-york-commercial-drivers-license.
---------------------------------------------------------------------------
1. Illegal aliens operating with facially valid CDLs,
2. CDLs with expiration dates far exceeding the alien's temporary
immigration status,
3. CDLs not being labeled ``Non-Domiciled'' as required by FMCSA
regulations, 44 49 C.F.R. 383.153(c), and
4. REAL IDs being issued to illegal aliens, including REAL IDs
listing only a first or last name.
OHP's experience corroborates the FMCSA's recent policy position
that an Employment Authorization Document (EAD) is an inadequate
qualifier for an alien to operate in this highly regulated critical
infrastructure industry. FMCSA's recent rulemaking on Non-Domiciled
CDLs \5\ represents a practical and effective solution to many of these
problems.\6\ However, challengers have already filed suit to upend
FMCSA's new rule.\7\ I urge Congress to support this rulemaking effort
and to pass any legislation that may be necessary in response to
judicial challenges.
---------------------------------------------------------------------------
\5\ 91 Fed. Reg. 7044 (Feb. 13, 2026).
\6\ Non-Domiciled CDL 2026 Final Rule FAQs. https://
www.fmcsa.dot.gov/regulations/non-domiciled-cdl-2026-final-rule-faqs.
\7\ Lujan v. Federal Motor Carrier Safety Administration, No. 26-
1032 (D.C. Cir. Feb. 12, 2026).
---------------------------------------------------------------------------
That leaves the concerns about REAL IDs being issued to aliens with
a tenuous immigration status. Though I am not an expert on REAL IDs,
other high-ranking authorities share my surprise and concern about
temporary aliens being granted REAL IDs. As you are aware, the purpose
of a REAL ID is to serve a gatekeeping function into Federal
facilities, commercial air travel, and even nuclear facilities.\8\
However, the Act authorizes issuance of REAL IDs to aliens with nothing
more than temporary visas, pending applications for asylum or temporary
protected status, or even a deferred action status, which is merely a
parole into the United States. In view of the gatekeeping function of
REAL IDs, I urge reconsideration of the qualifiers for aliens to
receive these credentials.
---------------------------------------------------------------------------
\8\ Real ID Act of 2005, 201, Title II of Division B of Public
Law 109-13, codified at 48 U.S.C. 30301 note.
---------------------------------------------------------------------------
Let us not forget that a CDL with a hazardous materials endorsement
permits a driver to drive a liquid fuel bomb to virtually any location
in America. Nine-eleven should remind us how critical it is to
safeguard our transportation network. A coordinated nationwide
enforcement effort is critical to protecting our Nation, not only from
the dangers to the motoring public of unqualified alien drivers, but
also from potential terrorist threats.\9\
---------------------------------------------------------------------------
\9\ Maj. Staff of H.R. Subcomm. on Immigration Integrity, Security,
and Enforcement of the Comm. on Judiciary, 118th Cong., Terror at Our
Door: How the Biden-Harris Administration's Open-Borders Policies
Undermine National Security and Endanger Americans (Aug. 5, 2024).
---------------------------------------------------------------------------
Thank you again, Chairman Brecheen, Ranking Member Thanedar, and
Members of the subcommittee for permitting me to share with you the
experience of the Oklahoma Highway Patrol.
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
Mr. Brecheen. Thank you. I now recognize Honorable Del Toro
for his 5 minutes.
STATEMENT OF RICHARD R. DEL TORO, JR., SHERIFF,
ST. LUCIE COUNTY SHERIFF'S OFFICE
Sheriff Del Toro. Good afternoon, Chairman Brecheen,
Ranking Member Thanedar, and distinguished Members of the
subcommittee. I appreciate the opportunity to appear before you
today for your leadership in examining this important public
safety issue.
I'm honored to serve as sheriff of St. Lucie County,
Florida, and I come before you today with more than 25 years of
law enforcement experience dedicated to protecting the
communities I serve. I'm here today because of a tragedy. On
August 12, 2025, 3 innocent people in my county lost their
lives in a catastrophic crash on the Florida Turnpike involving
a commercial motor vehicle. The investigation revealed that the
driver of that vehicle had previously entered the United States
illegally and was operating with a commercial driver's license
issued by another State earlier that same year. For the
families of those victims, this is not a policy debate. It's a
permanent loss.
Commercial motor vehicles can weigh up to 80,000 pounds.
When operated unsafely, they have the potential to cause
devastating consequences in a matter of seconds. That is why
strong, consistent, and reliable safety standards for
commercial driver's licensing are essential to protecting the
public. Florida has taken important steps to strengthen
verification, improve coordination with Federal authorities,
and ensure compliance with Federal standards. However, when
these standards vary between States, those inconsistencies can
create vulnerabilities that place our communities at risk.
My purpose in appearing before you today is not to assign
blame, but to share the reality that I've witnessed as sheriff
and to support efforts that enhance public safety, strengthen
accountability, and prevent future tragedies. Highway safety is
not a partisan issue. It is a public safety responsibility. The
American people expect and deserve confidence that every
individual operating a commercial motor vehicle on our roadways
has met the highest standards of qualification, training, and
verification. As sheriff, my oath is to protect life, and I'm
here today to help ensure we do everything possible to uphold
that responsibility.
Thank you for your time, and I look forward to answering
your questions, sir.
[The prepared statement of Sheriff Del Toro follows:]
Prepared Statement of Richard Del Toro
March 4, 2026
Chairman Brecheen, Ranking Member Thanedar, and Members of the
subcommittee, I want to thank you for convening this important hearing
on highway safety and the serious risks associated with non-domiciled
commercial driver licensing. This dangerous problem requires attention,
so I thank you for your attention.
I was elected sheriff of St. Lucie County in November 2024 after
serving 25 years with the Port St. Lucie Police Department. Shortly
after being sworn-in as sheriff in January 2025, the Florida
Legislature held a special session to establish new laws to enable
local law enforcement to work responsibly with the Trump administration
as they enforce Federal laws prohibiting illegal immigration.
florida leading the way
Thanks to the leadership of House Speaker Danny Perez, Senate
President Ben Albritton and members of both chambers, Governor Ron
DeSantis signed SB 2-C into law on February 13, 2025.
SB 2-C is a comprehensive piece of legislation. I would like to
highlight only a few of the key sections.
Requiring a county detention facility to provide, upon
request from a Federal immigration agency, a list of all
inmates booked into a county detention facility and any
information regarding each inmate's immigration status.
Banning sanctuary policies by ensuring a State entity, local
governmental entity, or law enforcement agency may not prohibit
or in any way restrict a law enforcement officer from executing
or assisting in the execution of a lawful judicial warrant.
Requiring a Florida law enforcement agency to use its best
efforts to support the enforcement of Federal immigration law.
And finally, requiring for purposes of proof of identity,
that a driver license record or identification card record from
another jurisdiction must comply with the Federal REAL ID Act.
In total, the legislation was a thorough and well-thought-out way
for our State to assist the Federal Government with their duty to
enforce our immigration laws. However, we can have all the best laws in
our own home State, but if we are all not working together, tragedy can
strike. That is certainly what occurred in my county on August 12,
2025, when an illegal immigrant operating a commercial motor vehicle
caused a fatal crash on the Florida Turnpike.
On that afternoon, a semi-truck pulling a trailer attempted to
cross the northbound travel lanes near mile marker 171 in St. Lucie
County in order to make an illegal U-turn through the center median. A
minivan traveling lawfully in the left lane collided with the mid-
section of the trailer and became lodged underneath the semi-truck. Two
occupants of the minivan were pronounced deceased at the scene, and a
third victim later died from injuries sustained in the crash.
Nothing during the investigation showed a need for the truck driver
to make such a maneuver. During the investigation authorities quickly
learned that the driver had previously entered the United States
illegally in 2018 after crossing the Southern Border and had been
issued a Notice to Appear in immigration court. At the time of the
crash, he possessed a commercial driver's license issued by another
State earlier in 2025. Based on the totality of the evidence, the
driver was charged with 3 counts of vehicular homicide.
The issuance of non-domiciled Commercial Driver's Licenses (CDLs)
to illegal aliens poses a grave threat to homeland security and public
safety on our roadways. These licenses, granted by certain States to
individuals lacking lawful permanent domicile or verified U.S.
residency, enable unauthorized migrants to operate massive commercial
vehicles, bypassing critical vetting processes.
For my community, this was not an abstract policy issue. This was a
preventable and devastating tragedy.
national security risks
Non-domiciled CDLs create vulnerabilities that have been
continuously exploited by illegal aliens, allowing them access to the
commercial trucking industry--a sector critical to national supply
chains and infrastructure. Foreign nationals without U.S. driving
records can obtain these licenses using minimal documentation, like
Employment Authorization Documents (EADs), which do not verify foreign
crash histories, DUIs, or other violations. In 2025, the Federal Motor
Carrier Safety Administration (FMCSA) documented 17 fatal crashes
involving such drivers, resulting in 30 deaths; these drivers lacked
the consular screening applied to U.S. citizens. This loophole further
endangers critical infrastructure, as commercial trucks routinely
transport hazardous materials and goods across borders. States like
California have issued thousands of these licenses to undocumented
individuals, correlating with interdiction operations uncovering
illegal activity, such as Indiana's Midway Blitz arresting 146
unauthorized truck drivers. Without Federal mandates, sanctuary
policies undermine homeland security by prioritizing access over
accountability. Without consistency, differing State policies undermine
highway safety and national security.
public safety data
Fatal incidents underscore the dangers. As I previously mentioned,
the tragedy that occurred in my county when an illegal alien with a
non-domiciled CDL caused a Turnpike crash killing 3, was attributed to
another State's lax issuance of the license. Indiana reported multiple
fatalities from illegal aliens operating semi-trucks, prompting
Governor Mike Braun to mandate revocations.
English proficiency gaps only exacerbate the risks; non-domiciled
drivers often struggle with U.S. signage and instructions. Nationally,
non-domiciled CDLs surged under prior administrations, with FMCSA
estimating 200,000 affected by reforms--yet safety incidents persist.
h.r. 5688: non-domiciled cdl integrity act
H.R. 5688, introduced by Rep. David Rouzer (R-NC) in October 2025,
directly addresses these threats by tightening eligibility for non-
domiciled CDLs. The bill limits issuance to foreign-domiciled
individuals with lawful status, job-linked visas (e.g., H-2A/H-2B), and
verified immigration via SAVE systems; Puerto Rican/U.S. territory
applicants must prove citizenship. States must retain records for 2
years, aligning with U.S. Department of Transportation's safety push
post-President Trump's Executive Order on trucking rules. With 15
cosponsors, H.R. 5688 responds to FMCSA identified crashes where
improper vetting enabled ineligible drivers. Enactment would
standardize protections, closing State-level gaps.
closing
At the conclusion of my testimony, I have provided updates from
Florida's Department of Highway Safety and Motor Vehicles regarding the
overview of the process for issuing non-domiciled CDLs as well as
changes to the Florida CDL issuance process resulting from new FMCSA
rules.
I applaud this committee for taking a serious look at this public
safety issue and would ask you to also focus your energy on the sources
of this problem. Highway safety depends on strong, consistent standards
that protect citizens. Together, we can keep commerce moving forward,
but not at the expense of the safety of our communities.
Thank you.
Overview of Florida's Existing Processes for Issuing Non-Domiciled CDLs
Florida only issues licenses to drivers who are in the
country legally.
Licenses issued to non-citizens with temporary legal
presence (non-domiciled) are valid for a year, or the last date
of the customer's legal status, whichever comes soonest.
For each license issued to non-citizens, Florida verifies
electronically with DHS/USCIS' SAVE system that the customer
had legal presence in the United States.
Florida scans and maintains all documents presented by the
driver to establish their identity and legal status. Those
documents are available in DAVID.
All issuances involving drivers with temporary legal
presence (non-domiciled) are conducted in person.
If a non-citizen is only allowed to be in the United States
on a temporary basis, we place the words ``TEMPORARY'' on the
front of driver license. (Note: Due to Federal Motor Carrier
Safety Administration (FMCSA) rule updates, Florida will also
begin printing the words ``non-domiciled'' on the license
moving forward.)
The written CDL knowledge test was previously provided in
Spanish and English with the prior approval of FMCSA. However,
Florida recently changed its policy and all driver license
testing, including Class E, must be taken in English only.
The behind-the-wheel CDL skills test is provided in English
only as required by FMCSA regulations. Skill testing in Florida
is outsourced to third parties with oversight by the State.
At the request of FMCSA, Florida paused all issuances of
CDLs to non-domicile drivers on November 24, 2025, and plans to
resume issuances after the new FMCSA rules become effective in
mid-March.
changes to the florida cdl issuance process in florida resulting from
new fmcsa rules
Only individuals in H-2A, H-2B, or E-2 nonimmigrant visa
statuses and individuals domiciled in a U.S. territory (under
specified conditions), are eligible for a non-domiciled CDL
license. It is anticipated that the number of non-domiciled CDL
license holders will decline sharply because of this
restriction.
As mentioned above, Florida will begin printing ``non-
domiciled'' on the face of the CDL once we resume issuance.
Mr. Brecheen. Thank you, Sheriff.
Ms. Liu, for your opening statement.
STATEMENT OF WENDY LIU, ATTORNEY, PUBLIC CITIZEN LITIGATION
GROUP
Ms. Liu. Good afternoon, Chairman Brecheen, Ranking Member
Thanedar, Members of the subcommittee. Thank you for the
opportunity to testify today.
I am Wendy Liu, an attorney with Public Citizen Litigation
Group, the litigating arm of the nonprofit consumer advocacy
organization Public Citizen, which was founded in 1971. The
litigation group represents the petitioners challenging the
rule recently issued by the Trump administration that would
prohibit documented immigrants from holding commercial driver's
licenses even though they have legal authorization from the
Federal Government to work jobs in the United States.
As we all agree, highway safety is of critical importance.
Trucking crashes on the Nation's roads cause serious injury and
take many lives, each one a tragedy for family and friends. For
that reason, Public Citizen has for decades advocated for
strong rules addressing the hours of service that truckers may
drive each day or week and for meaningful truck driver
training. Limitations on driving hours and requirements for
training are proven measures to improve highway safety.
But barring people with lawful work authorization, who have
obtained their commercial driver's licenses by completing the
required training and passing the required tests, including
tests administered in English, will not make our roads safer.
Doing so will replace more experienced drivers with less
experienced ones and potentially increase the number of
fatigued drivers on the road. It will exacerbate a well-
documented need for truck drivers in the industry. It will harm
the economy by increasing costs during an affordability crisis
and it will harm State and local governments and the people
they serve who depend on these drivers for essential public
services, including public transportation, school buses,
highway and road maintenance, utility services, and disaster
response.
Importantly, under current law, no undocumented person, no
illegal alien can hold a commercial driver's license. Every
DACA recipient, asylee, asylum seeker, person with temporary
protected status, or refugee who holds a non-domiciled
commercial driver's license has been issued a work permit by
the Department of Homeland Security's U.S. Citizenship and
Immigration Services authorizing that person to work in the
United States. Every person issued a commercial driver's
license in this country, noncitizens and citizens alike, must
go through the exact same training and pass the exact same
tests. Every truck driver with a commercial driver's license
must demonstrate English proficiency. They must be able to read
and speak English sufficiently to converse with the public,
understand highway traffic signs and signals, and respond to
official inquiries.
These requirements likely explain why the Trump
administration has no data showing that noncitizens cause more
crashes than U.S. citizens. Although the Department of
Transportation has identified 17 examples of crashes in 2025
that it says likely involved a noncitizen, there are on average
4,000 fatal crashes every year. Seventeen is less than 1
percent of that number, meaning that over 99 percent of fatal
crashes are caused by U.S. citizens and lawful permanent
residents according to the Department of Transportation's own
data.
Every fatal crash is a tragedy. But prohibiting documented
immigrants from driving trucks and buses will not improve
highway safety. It will harm our economy. It will disrupt and
curtail essential public services provided by State and local
governments, and it will destroy the livelihoods of thousands
of individual drivers and their families who depend on these
licenses to pay for groceries, utilities, and other basic
expenses.
My organization has been inundated with emails and messages
from people across the country who are terrified because losing
their license would mean losing their sole or primary source of
income and their ability to continue providing for themselves
and their family. These are people who have lived in the United
States for years or decades and who have built careers based on
their ability to have a commercial driver's license. They
include DACA recipients who have been living in the United
States ever since they were small children, who have no memory
of any other country, who have driven trucks safely for years,
and who have met every single requirement that has been asked
of them. They are workers, small business owners, dedicated
family members, and contributors to the U.S. economy. All they
ask for, as one DACA recipient put it, is the opportunity to
continue working, to continue providing, and to continue living
productively in the only country that they have ever known as
home.
Thank you for the opportunity to testify today.
[The prepared statement of Ms. Liu follows:]
Prepared Statement of Wendy Liu
March 4, 2026
Dear Chairman Brecheen, Ranking Member Thanedar, Members of the
subcommittee: Thank you for the opportunity to testify today. I am
Wendy Liu, an attorney with Public Citizen Litigation Group. Public
Citizen Litigation Group is the litigating arm of Public Citizen, a
consumer advocacy organization with members in every State. We
represent the petitioners challenging the rule recently issued by the
Federal Motor Carrier Safety Administration that would prohibit
documented immigrants, with legal authorization to work in the United
States and legal authorization to be present in the United States, from
holding commercial driver's licenses.
As we all agree, highway safety is of critical importance. Trucking
crashes on the Nation's roads take many lives, each one a tragedy for
family and friends. For that reason, Public Citizen has for decades
advocated for strong rules addressing the hours of service that
truckers may drive each day or week, and for meaningful truck-driver
training. Limitations on driving hours and requirements for training
are proven measures to improve highway safety.
But barring people with lawful work authorization, who have
obtained their commercial driver's licenses by completing the required
driver training and passing the required tests, including skills tests
administered in English, will not make our roads safer. Doing so will
replace more experienced drivers with less experienced ones and
potentially increase the number of tired drivers on the road. It will
exacerbate a well-documented truck-driver shortage, thereby harming our
economy. And it will harm State and local governments, and the people
they serve, who depend on these drivers for essential public services,
including public transportation, school buses, highway and road
maintenance, utility services, and disaster response.
We all need to understand that, under current law, no undocumented
person--no ``illegal alien''--can hold a commercial driver's license.
Every DACA recipient, asylee, or refugee who holds a non-domiciled
commercial driver's license has been issued an Employment Authorization
Document, by the Department of Homeland Security's U.S. Citizenship and
Immigration Services, authorizing that person to work in the United
States. And every person issued a commercial driver's license in this
country--noncitizens and citizens alike--must go through the exact same
training and pass the exact same tests. And every person issued a
commercial driver's license must demonstrate English proficiency and
pass driving tests administered in English.
These requirements likely explain why the Department of
Transportation has no data showing that noncitizens cause more crashes
than U.S. citizens. And although the Federal Motor Carrier Safety
Administration has identified 17 examples of crashes in 2025 that it
says likely involved a noncitizen, there are on average 4,000 fatal
crashes each year. Seventeen is less than 1 percent of that number.
Every fatal crash is a tragedy. But prohibiting noncitizens from
driving trucks and buses will not improve highway safety. It will,
however, destroy the livelihoods of thousands of individual drivers and
their families, who depend on these licenses to pay for groceries,
utilities, and other basic expenses. It will harm hundreds of thousands
of people across the country, harm the economy, and harm the public.
i. no evidence supports the assertion that barring immigrants from
holding commercial driver's licenses will improve safety.
No studies or empirical data show that noncitizens cause more
crashes than citizens. The Federal Motor Carrier Safety Administration
(FMCSA) has conceded that it cannot ``estimate quantitatively the risk
associated with non-domiciled [commercial driver's license]
holders.''\1\ To quote the agency: ``There is not sufficient evidence .
. . to reliably demonstrate a measurable empirical relationship between
the Nation of domicile for a [commercial driver's license] driver and
safety outcomes in the United States such as changes in frequency and/
or severity of crashes or changes in frequency of violations.''\2\
---------------------------------------------------------------------------
\1\ FMCSA, Final Rule, 91 Fed. Reg. 7044, 7099 (Feb. 2026).
\2\ FMCSA, Interim Final Rule, 90 Fed. Reg. 46509, 46520 (Sept.
2025).
---------------------------------------------------------------------------
FMCSA has identified 17 examples of crashes that it says likely
involved drivers with non-domiciled commercial driver's licenses.\3\ To
do so, FMCSA ``review[ed] reports of fatal crashes that occurred in
2025 individually, cross-reference[d] driver information from these
databases along with other available information, and reach[ed] out to
the [State licensing agencies] for details about each driver to
determine whether each crash was in scope''--that is, whether the
driver had a non-domiciled commercial driver's license--and then asked
the Department of Homeland Security for information about the driver's
immigration category.\4\ In other words, FMCSA apparently perused a
list of thousands of fatal crashes involving trucks in 2025, and
identified only 17 with a ``substantial likelihood'' of involving a
driver with a non-domiciled commercial driver's license.\5\
---------------------------------------------------------------------------
\3\ 91 Fed. Reg. 7065.
\4\ 91 Fed. Reg. 7065 & n.35.
\5\ 91 Fed. Reg. 7065.
---------------------------------------------------------------------------
The most recent publicly-available statistics show that there were
approximately 4,000 fatal large truck and bus crashes involving drivers
with commercial driver's licenses in 2023.\6\ So, the 17 crashes that
FMCSA has identified comprises less than 1 percent of crashes involving
people with commercial driver's licenses.
---------------------------------------------------------------------------
\6\ FMCSA, Crash Statistics, https://ai.fmcsa.dot.gov/
CrashStatistics?tab=Driver&type=-
&report_id=36&crash_type_id=1&datasource_id=2&time_period_id=2&report_da
te=-
2023&vehicle_type=1&State=AllStates&domicile=ALL&measure_id=1&operation_
id=null (Driver License Status Crash Statistics). FMCSA statistics for
calendar year 2025 state that there have been 3,996 fatal crashes
involving large trucks and buses, but these statistics do not provide
breakdowns by CDL status. FMCSA, Crash Statistics, https://
ai.fmcsa.dot.gov/
CrashStatistics?tab=Summary&type=&report_id=1&crash_typesource_id=4&data
_id=1-
&time_period_id=2&report_date=0&vehicle_type=2&State=NAT&domicile=ALL&me
asure- _id=1&operation_id=null.
---------------------------------------------------------------------------
That no empirical evidence supports the notion that noncitizens are
less safe is not surprising because the testing and training processes
to obtain commercial driver's licenses are identical for U.S. citizens
and noncitizens alike. The standards for commercial driver's licenses
(for U.S. citizens and permanent residents) are identical to the
standards for non-domiciled commercial driver's licenses (for
documented immigrants who are authorized to work in the United States).
And the requirements to obtain commercial driver's licenses are
extensive: Applicants must demonstrate English-language proficiency;\7\
demonstrate 30 different vehicle inspection, control, and driving
skills;\8\ demonstrate their knowledge in ``20 general areas'';\9\ and
consent to alcohol testing.\10\
---------------------------------------------------------------------------
\7\ See 49 C.F.R. 383.133(c)(5); id. 391.11(b)(2).
\8\ 49 C.F.R. 383.113.
\9\ 49 C.F.R. 383.111.
\10\ 49 C.F.R. 383.72.
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Of course, every fatality or serious injury in a crash is a
tragedy. But again, the evidence presented by FMCSA shows that taking
commercial licenses away from non-citizens cannot be justified based on
highway safety.
To the contrary, prohibiting documented immigrants from holding
commercial driver's licenses will harm highway safety.
According to FMCSA's own estimates, restricting commercial driver's
licenses to U.S. citizens, permanent residents, and people with H-2A,
H-2B, and E-2 visas will force 194,000 current commercial drivers to
exit the freight market.\11\ As the American Trucking Association has
reported, though, the industry was short by 80,000 drivers in 2021,\12\
with a predicted doubling to 160,000 drivers by 2030.\13\ Prohibiting
documented immigrants from holding commercial driver's licenses will
eliminate roughly 5 percent of commercial drivers, exacerbating this
shortage.
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\11\ 91 Fed. Reg. 7096.
\12\ Press Release, Am. Trucking Ass'n, ATA Chief Economist Pegs
Driver Shortage at Historic High (Oct. 25, 2021), https://
www.trucking.org/news-insights/ata-chief-economist-pegs-driver-
shortage-historic-high.
\13\ Hugh Cameron, America's Trucking Industry is in Deep Trouble,
Newsweek (Oct. 13, 2025), https://www.newsweek.com/us-trucking-
industry-deep-trouble-10861497.
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A depleted workforce will harm road safety. Drivers will have to
drive for longer hours or more frequent hours, increasing driver
fatigue and decreasing safety.\14\ Driver fatigue is a well-documented
``[commercial motor vehicle] safety problem,'' with ``[s]tudies
show[ing] that driver fatigue is a factor in up to as many as 13
percent of truck crashes.''\15\ In addition, losing experienced drivers
may put less-experienced drivers on the road, but data shows that less-
experienced drivers are involved in a higher rate of crashes.\16\
---------------------------------------------------------------------------
\14\ See, e.g., Christine Brittle & Julie Van Keuren, Am. Pub.
Transp. Ass'n, Impact of CDL Under-the-Hood Testing Requirement on
Public Transit Agencies' Ability to Hire Bus Operators 3 (2024),
https://www.apta.com/wp-content/uploads/APTA-Impact-of-CDL-Under-the-
Hood-Testing-Requirement-Nov-2024.pdf; see also FMCSA, CMV Driving
Tips_Driver Fatigue, https://www.fmcsa.dot.gov/safety/driver-safety/
cmv-driving-tips-driver-fatigue.
\15\ Advocates for Highway & Auto Safety, Large Trucks Fact Sheet
(Sept. 2022), https://saferoads.org/wp-content/uploads/2022/09/Large-
Truck-Fact-Sheet-FINAL-9-16-22.pdf (citing FMCSA, ``Large Truck Crash
Causation Study Summary Tables,'' 2007.FMCSA_2004_19608-3971).
\16\ Nat'l Surface Transp. Safety Ctr. for Excellence, Commercial
Motor Vehicle Driver Risk Based on Age and Driving Experience 37
(2020), https://vtechworks.lib.vt.edu/server/api/core/bitstreams/
a5800006-4b00-4854-bd5c-1f3e76f5d5c1/content.
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ii. prohibiting documented immigrants from holding commercial driver's
licenses will destroy the livelihoods of thousands, harm the economy,
and reduce essential public services.
After FMCSA issued a rule that would prohibit most categories of
noncitizens who are legally authorized to work in the United States
from holding commercial driver's licenses, more than 8,000 members of
the public submitted comments. Nearly 90 percent of those comments
opposed the rule.\17\ The comments made several points.
---------------------------------------------------------------------------
\17\ Alex Lockie, FMCSA issues Final Rule banning non-domiciled
CDLs almost entirely, Overdrive (Feb. 11, 2026), https://
www.overdriveonline.com/business/article/15816996/fmcsa-issues-final-
rule-banning-nondomiciled-cdls-almost-entirely.
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First, the new prohibition will destroy the livelihoods of
thousands of people across the country. Individual drivers would face
losing their licenses, their employment, their ability to pay for
groceries and other basic expenses, and their access to employer-
provided benefits like health insurance.\18\ Thousands of drivers have
explained that they will default on loans and be unable to cover basic
expenses.\19\ Owner-operators similarly have explained that ``th[e]
rule places [their] livelihood and business at immediate risk.''\20\
These harms would extend to the drivers' families, and to the employers
and communities that depend on their work.
---------------------------------------------------------------------------
\18\ See, e.g., Teamsters Cal. Comment 2, available at https://
www.regulations.gov/docket/FMCSA-2025-0622/comments; Asylum Seeker
Advocacy Project Comment 3-5, available at https://www.regulations.gov/
docket/FMCSA-2025-0622/comments; see also Asylum Seeker Advocacy
Project and Nat'l Employment Law Project Amicus Brief, Jorge Rivera
Lujan v. FMCSA, Dkt. No. 25-1215 (D.C. Cir. Oct. 30, 2025),
\19\ See, e.g., Singh Comment, FMCSA-2025-0622-2028, available at
https://www.regulations.gov/docket/FMCSA-2025-0622/comments; Drozdek
Comment, FMCSA-2025-0622-1037, available at https://
www.regulations.gov/docket/FMCSA-2025-0622/comments; Ponyrko Comment,
FMCSA-2025-0622-0532, available at https://www.regulations.gov/docket/
FMCSA-2025-0622/comments; Andreiev Comment, FMCSA-2025-0622-0231,
available at https://www.regulations.gov/docket/FMCSA-2025-0622/
comments.
\20\ Anonymous Comment, FMCSA-2025-0622-0743, available at https://
www.regulations.gov/docket/FMCSA-2025-0622/comments; see also Cervantes
Comment, FMCSA-2025-0622-1215, available at https://
www.regulations.gov/docket/FMCSA-2025-0622/comments.
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The prohibition will also harm the economy: 194,000 (or 25 percent
of) motor carriers in this country will be impacted by the
restriction.\21\ The change thus will exacerbate a critical shortage of
truck drivers and disrupt supply chains. With a depleted trucking
workforce, delivery of goods and materials will be delayed, and
increased rates for freight operations will result.\22\ For example, a
California-based broker who helps coordinate shipping across the State
has reportedly said that ``the cost of a single freight trip from New
Jersey to Texas has gone up by more than 35 percent because of a
national shortage of immigrant drivers.''\23\
---------------------------------------------------------------------------
\21\ 91 Fed. Reg. 7100.
\22\ Local Gov'ts Comment at 5-6, FMCSA-2025-0622-7894, available
at https://www.regulations.gov/docket/FMCSA-2025-0622/comments.
\23\ A. Echelman, California must let immigrant truck drivers keep
their licenses, judge rules, Reuters (Feb. 26, 2026), https://
apnews.com/article/general-news-california-donald-trump-donald-trump-
es-transportation-16821336aaf6b8fa2f6699c295b5f9e5.
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As described in the attached comment letter from local governments
throughout the country, local governments will also suffer in several
ways. To start, they will lose the money that they have invested in
recruiting and training drivers to operate commercial motor vehicles
used for public services. For example, Martin Luther King, Jr. County
in Washington explained that it stands to lose 50 bus drivers and an
additional 4 recent trainees, which represent an investment of over
$800,000 in training costs. The need to replace these drivers will
increase costs to local governments and potentially force them to
redirect funding from other critical services.\24\
---------------------------------------------------------------------------
\24\ Local Gov'ts Comment at 5-6.
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In addition, State and local governments' ability to provide a wide
range of essential public services will be impaired. ``Public and
private employers--including State and local governments--depend on
commercial drivers to drive the buses that bring children to school, to
run the mass transit systems that transport people to work, to operate
the construction vehicles that maintain and repair public roads, to
drive the trucks that transport food and goods to businesses, and to
provide many other indispensable services.''\25\ In addition, State and
local governments rely on these drivers for essential seasonal
services, such as roadway clearance during inclement weather and
natural disaster response--which ensures safe access to roads for
emergency services.\26\ For example, ``a local government facing a
shortage of snowplow operators is unlikely to be able to pre-treat or
treat roadways as early or as frequently, resulting in more hazardous
conditions. This will increase the number of crashes and their
consequences.''\27\
---------------------------------------------------------------------------
\25\ 19 State Attorneys Gen. Comment at 2, FMCSA-2025-0622-7571,
available at https://www.regulations.gov/docket/FMCSA-2025-0622/
comments.
\26\ Local Gov'ts Comment at 8.
\27\ Local Gov'ts Comment at 8.
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conclusion
Prohibiting documented immigrants who are authorized to work in the
United States from holding commercial driver's licenses would harm
highway safety, destroy the livelihoods of thousands of people, harm
the economy, and disrupt and reduce essential Government services
across the country. Thank you for the opportunity to testify on this
important topic.
EXHIBIT A
November 28, 2025.
Federal Motor Carrier Safety Administration,
U.S. Department of Transportation, 1200 New Jersey Avenue, SE
Washington, DC 20590.
SUBMITTED VIA REGULATIONS.GOV
RE: Docket No. FMCSA-2025-0622
Dear Docket Clerk: The below-signed local governments and
individual local government leaders (``Local Government
Signatories'')\1\ offer the following comments and questions regarding
the U.S. Department of Transportation's (DOT) Interim Final Rule (IFR)
entitled ``Restoring Integrity to the Issuance of Non-Domiciled Drivers
Licenses (CDL),'' published in the Federal Register at 90 Fed. Reg.
46509 (Sept. 29, 2025). The Local Government Signatories' comments
focus on Sections V(C), V(D), VI(A), VI(B), and IX(A) of the IFR,
specifically, the Federal Motor Carrier Safety Administration's
(FMCSA's) failure to consider the IFR's on-the-ground harms or
appropriately tailor the rule to the harm it seeks to address.
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\1\ Local Government Signatories hail from across the country, and
their jurisdictions differ in size, demographics, and policy
priorities. Local Government Signatories also differ in the way in
which they provide transportation-related services--including public
transportation, school buses, and critical safety-related services like
highway maintenance and snow plowing--to their communities. Some
provide these services directly; others provide them indirectly, as
funders or members of public authorities; yet all rely on these
services as part of a broader network of public services.
Notwithstanding these variations, all local governments share a
fundamental interest in providing effective and reliable public
services to their constituents and keeping their communities safe,
including by ensuring road safety. That is especially true for local
governments like these Signatories, who often act as first responders
to vehicular accidents and have unique interests in protecting their
residents.
---------------------------------------------------------------------------
A number of critical local government services depend upon licensed
commercial motor vehicle drivers, including school buses, road
maintenance and repair, utility service, disaster response, and
infrastructure construction. Drivers employed by the Local Government
Signatories who provide these services are required to have valid
commercial driver's licenses (``CDLs'') to operate the necessary
commercial motor vehicles. To appropriately provide such services, the
Local Government Signatories depend on access to a sufficient pool of
licensed, commercial drivers whose licensing status is both stable and
predictable. Even prior to the IFR, local governments faced substantial
shortages of qualified CDL drivers.
By issuing the IFR, FMCSA immediately altered a program that had
been in place for nearly 15 years, without input from those most
impacted by the changes. The IFR failed to account for the way in which
it would directly and substantially impact local governments' ability
to provide essential services, thereby reducing affordability, harming
families who depend on school busing and other services, and impairing
public safety. By FMCSA's own estimates, of the 200,000 non-domiciled
CDL holders in the country, 194,000 of them will exit the freight
market because they lose their CDLs as a result of the IFR.\2\ That
means approximately 5 percent of all active CDL holders, based on 2024
numbers, risk losing their licenses.\3\ Such individuals will no longer
be able to perform their essential jobs. Local governments, such as the
Signatories, that rely on these commercial drivers to provide essential
services will be left understaffed. The depleted pool of potential CDL
candidates resulting from the IFR will make it even harder to replace
these drivers and drive up costs for public and private entities
employing CDL drivers or using their services.
---------------------------------------------------------------------------
\2\ Restoring Integrity to the Issuance of Non-Domiciled Commercial
Drivers Licenses, 90 Fed. Reg. 46509, 45619 (Sept. 29, 2025).
\3\ Id. at 46520.
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The Local Government Signatories and the essential services they
provide will suffer needless tangible harm despite the purely
speculative safety benefits of the IFR. By FMCSA's own acknowledgement,
there is no evidence that the IFR will result in any safety benefits,
because there is no evidence that the immigration status of a non-
domiciled CDL holder, or even the domiciled or non-domiciled status of
a CDL holder, has an impact on road safety.\4\ FMCSA therefore
implemented a new regulation without any demonstrated need, in
contravention of Department of Transportation policy.\5\ Moreover,
given the significant adverse impacts and minimal benefits, the IFR is
inconsistent with a recent Department of Transportation order requiring
the use of ``sound economic principles and analysis supported by
rigorous cost-benefit requirements and data-driven decisions,'' the
avoidance of adverse impacts to families and communities including a
reduction in transportation services, and the administration of
statutes in a manner that enhances safety and access to jobs.\6\
---------------------------------------------------------------------------
\4\ Id.
\5\ DOT Order 2100.6B, ``Policies and Procedures for Rulemaking''
6(a) (Mar. 10, 2025).
\6\ DOT Order 2100.7, ``Ensuring Reliance Upon Sound Economic
Analysis in Department of Transportation Policies, Programs, and
Activities'' 5 (Jan. 29, 2025).
---------------------------------------------------------------------------
The Local Government Signatories strongly agree with the importance
of ensuring that ``only individuals who have been determined by
relevant State licensing agencies--in accordance with Federal
standards--to be qualified to operate large commercial vehicles are
allowed to drive such vehicles on the Nation's roadways.''\7\ The Local
Government Signatories recognize FMCSA's interest in ensuring that all
State licensing agencies adhere to these requirements. The IFR in its
present form, however, does not address those compliance issues. The
IFR also does not show any impacts to safety specifically associated
with the domiciled or non-domiciled status of a CDL holder, nor does it
account for the real harms that would result from reducing the
availability of qualified CDL holders performing a variety of safety-
critical and essential public services.
---------------------------------------------------------------------------
\7\ 90 Fed. Reg. at 46511.
---------------------------------------------------------------------------
The Local Government Signatories respectfully request that FMCSA
withdraw the IFR given that there is no data to support its causal
benefit to road safety. In the alternative, before issuing any final
rule, FMCSA should collect data to better study and understand the
underlying drivers of road safety, after which the agency can revise
the IFR, accounting for public comments, as required by the
Administrative Procedure Act. FMCSA can take less burdensome measures
while it carefully and expeditiously considers these issues. Through
collaboration and data collection, those tasked with implementing
changes to CDL eligibility can do so in a manner that promotes wide-
spread compliance, enhances the safety of commercial vehicle
operations, and is workable for those local governments that rely on
commercial drivers to provide critical services. That approach is also
more likely to improve road safety and prevent fatal crashes.
The Local Government Signatories appreciate the opportunity to
provide comments on the IFR. It is especially critical that FMCSA
seriously consider the IFR's on-the-ground impacts before deciding
whether to move forward with issuing a final rule. Given these impacts
and the lack of evidence that the IFR will result in any safety
benefits, the Local Government Signatories urge FMCSA to withdraw the
IFR. But should FMCSA decide to proceed, the recent stay of the IFR
indicates significant changes are necessary before FMCSA publishes a
final rule.\8\ The Local Government Signatories look forward to
continued collaboration and engagement on these important issues.
---------------------------------------------------------------------------
\8\ Lujan v. Fed. Motor Carrier Safety Admin., 25-1215, 2025 U.S.
App. LEXIS 29835 (D.C. Cir. Nov. 13, 2025).
---------------------------------------------------------------------------
i. fmsca must account for the ifr's real-world impacts and the
substantial reliance interests the ifr would disrupt.
Fewer licensed commercial drivers and a smaller pool of potential
drivers will translate directly into disrupted and curtailed government
services. Accordingly, the IFR will not only impact those who rely on
these services, but harm those local governments that rely on the
availability of CDL holders to provide these services and who now will
be forced to expend additional resources to respond to this sudden
disruption. The Administrative Procedure Act requires agencies to
``assess whether there were reliance interests [in their previous
policies], determine whether [those interests] were significant, and
weigh any such interests against competing policy concerns.''\9\
Although the IFR lacks supporting data of any causal safety benefits in
the first place, should FMCSA choose to proceed, FMCSA must consider
the following impacts and reliance interests before finalizing the
rule.
---------------------------------------------------------------------------
\9\ Dep't of Homeland Sec. v. Regents of the Univ. of Cal., 591
U.S. 1, 33 (2020).
---------------------------------------------------------------------------
Core Local Government Services.--Local governments rely on workers
licensed to operate commercial motor vehicles for a wide range of
critical services. These include: public transportation; school buses;
highway and road maintenance and repair; response to inclement weather;
gas, electricity, and other utility service; and disaster response,
mitigation, and recovery. In addition, the construction of necessary
infrastructure (e.g., roads, electrical transmission and generation,
airports, housing, ports, water, sewer, data centers) depends on having
CDL holders on-site to aid in construction, to supply materials, and to
haul fill. Those services will suffer directly because the IFR reduces
the availability of CDL holders.
For example, one Signatory reports it already has extreme
difficulty hiring and retaining CDL drivers. Fourteen of its 53
positions that require a CDL (26 percent) are currently open and have
been for an average of 3 months. These unfilled jobs undermine the
jurisdiction's ability to provide government services such as trash
clean-up and emergency response. The IFR will further reduce the
already limited number of CDL holders in the job market and thus make
it harder for the Signatory to deliver these important services to its
people.
Similarly, the IFR will impede local governments and associated
entities in their ability to prepare for and recover from natural
disasters, like Hurricane Helene in North Carolina, the Guadalupe River
floods in Texas, tornado outbreaks in the South, or the Los Angeles
wildfires. Disaster response heavily relies on the timely receipt of
equipment and workers. Thinning forests; protecting coastlines;
supplying food, fuel, and water to residents who have lost their homes;
clearing flood zones; and ensuring road access for other emergency
responders involve heavy hauling, which requires heavy trucks and
commercially-licensed drivers. During the Guadalupe flood response, for
example, local tow truck drivers became essential for ``clearing the
way for emergency crews, recovering submerged vehicles and delivering
life-saving supplies.''\10\ Commercially-licensed drivers are also
utilized ``when electric utilities send trucks, equipment, and staff to
restore energy infrastructure after a hurricane.''\11\ And when serious
thunder or winter storms knock out the electricity, commercial trucks
play a crucial role in clearing debris and getting the power back on
for thousands of people.\12\ With a diminished workforce of licensed
commercial drivers, local governments may no longer be able to rely on
drivers to aid in disaster response.
---------------------------------------------------------------------------
\10\ Alicia Neaves, The Unseen First Responders: Tow Crews Fuel
Hope After Hill Country Floods, Kens5 (July 10, 2025 at 10:23 PM CDT),
https://www.kens5.com/article/news/State/texas-news/texas-flood/texas-
floods-first-responders-tow-crews-fuel-hope-hill-country/273-a2f3-
f29b-b69f-4734-830a-48633149e274.
\11\ See U.S. Dep't of Transp. Fed. Highway Admin., Resources for
Commercial Vehicles Involved in Emergency Response 1 (2021), https://
ops.fhwa.dot.gov/publications/fhwahop21009/fhwahop21009.pdf.
\12\ National Grid Restores Power to More Than 57,900 Customers in
Mohawk Valley and Northern New York After Damaging Thunderstorms,
National Grid (June 22, 2025 at 6 o'clock PM), https://
www.nationalgridus.com/News/2025/06/National-Grid-Restores-Power-to-
More-Than-57,900-Customers-in-Mohawk-Valley-and-Northern-New-York-
After-Damaging-Thunderstorms-/ (severe thunderstorms in northern New
York impacted 94,300 electricity customers and crews were mobilized to
clear debris and repair widespread damage and downed power lines);
Edgar Sandoval, Sophie Kasakove, & Maggie Astor, Winter Storm Disrupts
U.S. With Power Outages and Icy Roads, N.Y. Times (Feb. 03, 2022),
https://www.nytimes.com/live/2022/02/03/us/winter-storm-snow-
ice?bcrFallback=bcrFallback (300,000 homes and business lost power
following a winter storm).
---------------------------------------------------------------------------
Transit, Motorcoach, and School Bus Services.--Without sufficient
drivers, transit systems, which are already facing substantial driver
shortages and serious fiscal constraints, will be forced to further cut
back on services to families, whether by limiting hours or frequency of
service or suspending certain service routes.\13\ Driver shortage
impacts are not limited to large, urban transit systems, but also
impact rural communities, where motorcoaches and school buses can play
a role in bridging service gaps.\14\ Fewer school bus operators
similarly raise the likelihood of reduced or less reliable service or
entire cuts to bus routes, impacting students, parents, and teachers,
and reducing access to critical school resources, such as school meals
and extracurricular programs.\15\ These changes impact the reliance
interests not only of the people who depend on these services, but also
the local governments who have designed the bus routes and made certain
planning decisions with the assumption that there would not be
substantial changes to their commercial driver workforce without
reason.
---------------------------------------------------------------------------
\13\ See, e.g., Matthew Dickens, Am. Pub. Transp. Ass'n, Policy
Brief: Workforce Shortages Impacting Public Transportation Recovery 3
(2022), https://www.apta.com/wp-content/uploads/APTA-SURVEY-BRIEF-
Workforce-Shortages-March-2022.pdf (showing 71 percent of 117 agencies
delayed or cut services due to staffing shortages); Laura Bliss,
There's a Bus Driver Shortage. And No Wonder, Bloomberg (June 28, 2018,
at 8 o'clock AM ET), https://www.bloomberg.com/news/articles/2018-06-
28/there-s-a-bus-driver-shortage-and-no-wonder (noting significant
shortages in Seattle, New Jersey, Denver, Los Angeles, Toledo,
Gainesville, and New Hampshire, many of them leading to delays and cuts
in service).
\14\ U.S. Dep't of Transp. Climate Change Center, Climate
Strategies that Work: InterCity Buses 3 (2025), https://
www.transportation.gov/sites/dot.gov/files/2024-10/
Intercity%20Buses%20- PDF%20%282%29.pdf (bus services ``connect rural
residents to major urban centers, offering connections to essential
services and economic opportunities'').
\15\ See Cindy Long, School Bus Driver Shortage Persists, neaToday
(Dec. 14, 2023), https://www.nea.org/nea-today/all-news-articles/
school-bus-driver-shortage-persists.
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These consequences are not theoretical.--The Nation has experienced
recent driver workforce shortages that illustrate the impact of
insufficient drivers on local government services. For example, a 2022
survey from the American Public Transportation Association found that
96 percent of transit agencies faced workforce shortages, with 84
percent of agencies reporting impacts on service.\16\ These impacts hit
bus operations most severely, with 94 percent of agencies reporting
that bus operator positions were the most or second-most challenging to
fill.\17\ Due to these workforce shortages, public transit agencies
reported cutting, delaying, and canceling transit service.\18\ One-
third of agencies stated that these impacts to their services were
having a negative effect on the reliability of their service.\19\
---------------------------------------------------------------------------
\16\ Am. Pub. Transp. Ass'n, Transit Workforce Shortage 1 (2023),
https://www.apta.com/wp-content/uploads/APTA-Workforce-Shortage-
Synthesis-Report-03.2023.pdf.
\17\ Dickens, supra note 13, at 2.
\18\ Id.
\19\ Id.
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The IFR will only further exacerbate these shortages and ensuing
reliability issues. This unreliability then disrupts the lives of
people who depend on these services to get to their jobs, school,
health care appointments, and visit friends and family. Such disruption
also plainly runs counter to a DOT order that requires, to the extent
practicable, administration of DOT policies to maximize benefits
including economic opportunities, such as ``increased access to jobs,
health care facilities . . . commercial activity, or any actions or
project components that will . . . enabl[e families and communities] to
participate more fully in our economy.''\20\ Decreased and unreliable
transit service will make it far more difficult for the people who rely
on these services to access job opportunities, commercial centers, and
other economic activities.
---------------------------------------------------------------------------
\20\ DOT Order 2100.7,``Ensuring Reliance Upon Sound Economic
Analysis in Department of Transportation Policies, Programs, and
Activities'' 5(d) (Jan. 29, 2025).
---------------------------------------------------------------------------
Economic Impacts.--Local governments may face broader economic
effects due to the IFR. For example, governments typically spend money
to recruit and train employees. Funds already spent on drivers who are
stripped of their licenses by the IFR cannot be recouped. For example,
under the IFR, Martin Luther King, Jr. County in Washington stands to
lose 50 active, non-domiciled bus drivers and an additional 4 recent
trainees, which represent an investment of over $800,000 in training
costs.\21\ The need to replace these drivers, thereby spending
additional funds on recruitment and training, further compounds these
costs. Applicable laws, regulations, or policies often impose
substantial training requirements, lengthening the time and increasing
the cost of replacing drivers.\22\ Likewise, with a limited pool of
licensed drivers, localities may need to address critical needs by
relying on increased overtime or temporarily relocating workers, which
increases the cost of services.\23\
---------------------------------------------------------------------------
\21\ Emergency Mot. for Stay Pending Judicial Review 37, Lujan,
2025 U.S. App. LEXIS 29835, Dkt. No. 2142094.
\22\ See Am. Pub. Transp. Ass'n, supra note 16, at 2, 18-22; Bob
Costello & Alan Karickhoff, Am. Trucking Ass'n, Truck Driver Shortage
Analysis 4 (2019), https://www.trucking.org/sites/default/files/2020-
01/ATAs%20Driver%20Shortage%20Report%202019%20with%20cover.pdf.
\23\ See, e.g., Christine Brittle & Julie Van Keuren, Am. Pub.
Transp. Ass'n, Impact of CDL Under-the-Hood Testing Requirement on
Public Transit Agencies' Ability to Hire Bus Operators 3 (2024),
https://www.apta.com/wp-content/uploads/APTA-Impact-of-CDL-Under-the-
Hood-Testing-Requirement-Nov-2024.pdf (transit agencies report that
worker shortages increase the amount of overtime the agencies pay);
Mark Heinz, `Logistical Nightmare': Short on Plow Drivers & Hammered By
Weather, WYDOT Had Harrowing Winter, Cowboy State Daily (May 6, 2023),
https://cowboystatedaily.com/2023/05/06/a-logistical-nightmare-short-
on-plow-drivers-and-hammered-by-weather-wydot-had-a-harrowing-winter/
(plow operator shortages caused extra work and wear and tear on
equipment that put the Wyoming Department of Transportation $9.7
million over its expected budget).
---------------------------------------------------------------------------
Moreover, because most local governments operate on fixed budgets,
they are limited in their ability to address the effects of the IFR
through increased expenditures.\24\ They may not be able to, for
example, raise salaries, offer recruitment bonuses, or support
additional overtime pay, forcing cuts to critical services. When local
governments reached their budgets for the year and allocated funding,
they relied on the availability of their current pool of commercial
drivers and could not know to account for significant losses to that
pool and the need to train replacement drivers. Furthermore, if local
governments are forced to expend additional resources on addressing
commercial driver shortages, they may also be forced to redirect
funding away from their other critical services.
---------------------------------------------------------------------------
\24\ Jed Herrmann & Teryn Zmuda, Tough Challenges for Counties in a
New Era of Fiscal Federalism, Governing (Aug. 15, 2025), https://
www.governing.com/management-and-administration/tough-challenges-for-
counties-in-a-new-era-of-fiscal-federalism.
---------------------------------------------------------------------------
Trucking and Supply Chain Impacts.--Local governments also depend
on the transportation of goods into their communities to perform many
of their vital functions. The Nation's supply chain for these goods
depends in large part on truck drivers, as became evident in recent
years when the country experienced truck driver shortages.\25\ The IFR
will almost certainly disrupt supply chains, which will further impede
local governments' ability to deliver vital services. Without an
adequate trucking workforce, local governments will struggle with
shortages of materials to support construction projects, increased port
congestion, and delays in procurement of critical goods and projects
like housing or electrical infrastructure.\26\ More than just impacting
the delivery of goods, driver shortages can also lead to increased
rates for freight operations and higher prices, which will particularly
affect cash-strapped local governments and their residents who are
already stressed by the cost of goods and services.\27\
---------------------------------------------------------------------------
\25\ Hugh Cameron, America Doesn't Have Enough Truck Drivers,
Newsweek (July 10, 2025, at 02:01 PM ET), https://www.newsweek.com/
america-trucking-shortage-logistics-supply-chain-2097123; Madeleine Ngo
& Ana Swanson, The Biggest Kink in America's Supply Chain: Not Enough
Truckers, N.Y. Times (Nov. 9, 2021), https://www.nytimes.com/2021/11/
09/us/politics/trucker-shortage-supply-chain.html; Costello &
Karickoff, supra note 22, at 1; Catie Edmonson, `What Does a Trucker
Look Like?' It's Changing, Amid a Big Shortage, N.Y. Times (July 28,
2018), https://www.nytimes.com/2018/07/28/us/politics/trump-truck-
driver-shortage.html.
\26\ Peter S. Goodman, The Real Reason America Doesn't Have Enough
Truck Drivers, N.Y. Times (Feb. 9, 2022), https://www.nytimes.com/2022/
02/09/business/truck-driver-shortage.html (``[A] shortage of truck
drivers is frequently cited as an explanation for shortages of many
other things--from construction supplies to electronics to
clothing.''); Jack Kelly, There Is A Massive Trucker Shortage Causing
Supply Chain Disruptions and High Inflation, Forbes (Jan. 12, 2022, at
11:51 AM ET), https://www.forbes.com/sites/jackkelly/2022/01/12/there-
is-a-massive-trucker-shortage-causing-supply-chain-disruptions-and-
high-inflation/; Ngo & Swanson, supra note 25.
\27\ Edmonson, supra note 25.
---------------------------------------------------------------------------
With nearly 200,000 current non-domiciled CDL holders exiting the
freight market as a result of the IFR,\28\ supply chains will almost
certainly be disrupted on a scale similar to the workforce shortages
experienced in the aftermath of the pandemic. In 2021, the American
Trucking Association reported that the industry was short by 80,000
drivers, an all-time high for the industry.\29\ The American Trucking
Association further estimated that shortage could double to 160,000
drivers in 2030.\30\ Already, 69 percent of freight businesses are
struggling to meet demand as a result of these shortages,\31\ and ``to
keep up with demand over the next decade, trucking will need to recruit
nearly 1 million new drivers.''\32\ The IFR will instead narrow the
available pool of drivers and seriously impact the interests of local
governments who rely on the reliable, cost-effective delivery of these
goods. For the same reasons, FMCSA's claim that motor carriers will be
able to adjust their hiring and limit the economic impact on the
freight market \33\ is based on unfounded assumptions: The experience
of freight businesses demonstrates that there is not a pool of
potential CDL holders who are not affected by the IFR that could easily
take the place of the drivers who stand to lose their credentials as a
result of this rule.
---------------------------------------------------------------------------
\28\ 90 Fed. Reg. at 46519.
\29\ Press Release, Am. Trucking Ass'n, ATA Chief Economist Pegs
Driver Shortage at Historic High (Oct. 25, 2021), https://
www.trucking.org/news-insights/ata-chief-economist-pegs-driver-
shortage-historic-high.
\30\ Id.
\31\ Hugh Cameron, America's Trucking Industry is in Deep Trouble,
Newsweek (Oct. 13, 2025, at 5:40 AM ET), https://www.newsweek.com/us-
trucking-industry-deep-trouble-10861497.
\32\ Press Release, Am. Trucking Ass'n, supra note 29.
\33\ 90 Fed. Reg. at 46520.
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ii. the ifr will have adverse impacts on safety, while failing to
address the safety risks fmcsa identified and sought to mitigate.
The Local Government Signatories acknowledge and support the
importance of FMCSA's goal to enhance the integrity of commercial
licensing and the safety of commercial motor vehicle operations. The
IFR, however, does not address any lapses in compliance with commercial
licensing requirements by CDL-issuing entities, but rather is a blanket
ban on certain classes of non-domiciled drivers holding CDLs. Broadly
stripping CDLs from those classes of drivers does not correlate with
improved safety outcomes. As the IFR itself acknowledges, there is
insufficient evidence ``to reliably demonstrate a measurable empirical
relationship between the Nation of domicile for a [commercial driver's
license] driver and safety outcomes.''\34\ By contrast, the failure to
appropriately tailor the IFR will result in a significant reduction in
the availability of commercial drivers, which will translate into
increased risk of harm to the public.
---------------------------------------------------------------------------
\34\ Id.
---------------------------------------------------------------------------
A. The IFR Imposes New Burdens That Will Harm Road Safety.
Local governments rely on employees with CDLs to provide critical
services designed to improve the safety of public roads. By reducing
the pool of eligible commercial drivers available to support these
safety services, the IFR will result in fewer safety services and
increased risks of harm. Accordingly, the Local Government Signatories
urge FMCSA to consider the increased risk of harm to the public from
the diminishment of local government services that promote safety.
Maintenance of local roads, in particular, is critical for overall
roadway safety because although ``local roads are less traveled than
State highways, they have a much higher rate of fatal and serious
injury crashes.''\35\ Local governments provide services such as
regular repair and maintenance of roads and improvement of road design
to enhance safety.
---------------------------------------------------------------------------
\35\ Fed. Highway Admin., U.S. Dep't of Transp., FHWA-SA-21-033,
Local Road Safety Plans, https://highways.dot.gov/sites/fhwa.dot.gov/
files/Local%20Road%20Safety%20Plans_508.pdf.
---------------------------------------------------------------------------
Local government safety services also include essential seasonal
services, such as clearing road ways of snow and ice and natural
disaster response. Snow- and ice-clearing services ensure safe and
reliable access to roads for emergency services and the public alike,
which further promotes safety. By way of illustration, a local
government facing a shortage of snowplow operators is unlikely to be
able to pre-treat or treat road ways as early or as frequently,
resulting in more hazardous conditions. This will increase the number
of crashes and their consequences. In some cases, they may be forced to
close roads entirely and for a longer time until they can be
plowed.\36\ Doing so risks stranding people at home and delaying
emergency response services from reaching people in need.\37\ Every
minute counts for health, fire, and police emergencies, and less snow
and ice removal capacity will increase those minutes at the cost of
human lives. And, snow and ice control is already very expensive.
Winter road maintenance accounts for roughly over 24 percent of State
DOT budgets for highway and traffic services.\38\ Each year, State and
local agencies spend more than $4.6 billion on snow and ice control
operations.\39\ Driver shortages will likely further drive up these
costs and add to the burden on local governments to maintain these
critical services.\40\ A smaller pool of commercially-licensed drivers
therefore risks community safety by limiting local governments' efforts
to mitigate natural disasters in advance and respond to them when they
strike.
---------------------------------------------------------------------------
\36\ Heinz, supra note 23.
\37\ See Michelle Bandur, `It's a Hiring Problem': Tahoe Basin
Resident Fear Snow Plow Driver Shortage Will Leave Them Stranded at
Home, KCRA3 (Nov. 12, 2024, at 7:12 PM ET), https://www.kcra.com/
article/tahoe-basin-snow-plow-driver-shortage/62888030.
\38\ U.S. Dep't of Transp. Fed. Highway Admin., How Do Weather
Events Affect Roads?, https://ops.fhwa.dot.gov/weather/roadimpact.htm.
\39\ Id.
\40\ See, e.g., Brittle & Keuren, supra note 23 (transit agencies
report that worker shortages increase the amount of overtime the
agencies pay); Heinz, supra note 23 (plow operator shortages caused
extra work and wear and tear on equipment that put the Wyoming
Department of Transportation $9.7 million over its expected budget).
---------------------------------------------------------------------------
Federal Highway Administration (FHWA) data show that the risks and
impacts of snow and ice are already large.\41\ On average (based on
2019-2023 data), freezing precipitation each year causes 219,942
crashes, injures 34,206 people, and kills 407 people.\42\ Reductions in
the availability of CDL drivers to apply deicers, plow snow, and manage
debris will further increase these crashes, injuries, and fatalities.
Weather also has a major impact on road mobility. Travel time delay on
high-capacity roads can increase by 11 to 50 percent depending on the
severity of the weather event.\43\ Heavy snow can cause freeway free-
flow speed to decrease by 35 to 40 percent and road capacity to reduce
by 30 percent.\44\ Light snow can decrease flow rates by 5 to 10
percent.\45\ The decreased availability of CDL drivers to manage these
road conditions will further exacerbate delays and costs for public,
private and commercial persons and entities. The causality is clear, as
opposed to the purely speculative safety benefits claims by FMCSA for
the IFR.\46\
---------------------------------------------------------------------------
\41\ How Do Weather Events Affect Roads?, supra note 38.
\42\ Id.
\43\ Id.
\44\ U.S. Dep't of Transp. Fed. Highway Admin., Emperical Studies
on Traffic Flow in Inclement Weather 2-8, 2-11 (2006), https://
ops.fhwa.dot.gov/publications/weatherempirical/weatherem- pirical.pdf.
\45\ Id. at 2-3.
\46\ According to FHWA, each year trucking companies or CVOs lose
an estimated 32.6 billion vehicle hours due to weather-related
congestion in 281 of the Nation's metropolitan areas. How Do Weather
Events Affect Roads?, supra note 38. Adverse weather conditions affect
freight traffic 4.6 percent of the time at a national average. Daniel
Krechmer et. al., U.S. Dep't of Transp. Fed. Highway Admin., Weather
Delay Costs to Trucking 3 (2012), https://rosap.ntl.bts.gov/view/dot/
3384. Nearly 12 percent of total estimated truck delay is due to
weather in the 20 cities with the greatest volume of truck traffic. How
Do Weather Events Affect Roads?, supra note 38. The cost of weather-
related delay to the freight industry was estimated at $8.659 billion
or 1.6 percent of the total estimated freight market of $574 billion
when the study was conducted in 2012. Krechmer, supra note 46, at 3.
---------------------------------------------------------------------------
Reducing the pool of eligible commercial drivers will directly
impact the safety of residents in the Local Government Signatories'
jurisdictions. The IFR decreases the number of drivers available to
support these services, resulting in fewer safety efforts and increased
risk of harm. Furthermore, a depleted work force increases risk by
requiring drivers to work longer or more frequently, which decreases
safety due to driver fatigue. Longer shifts can also contribute to
driver burnout, further exacerbating work force shortages.\47\
Moreover, losing experienced CDL drivers may put new CDL drivers on the
road, when local governments are able to find replacements at all. But
newly-trained drivers are involved in more accidents, on average, than
their more experienced colleagues.\48\ The rate of preventable crashes
is also significantly higher on average for drivers with less
commercial driving experience.\49\ Driving experience, as compared to
age, is a greater indicator of crash rates and crash involvement.\50\
Replacing a non-domiciled CDL driver with any driver who has just
received their CDL or who has yet to even receive one will decrease
safety and increase the incidence of crashes and moving violations. Not
only does the IFR lack a persuasive safety justification, it will
actively contribute to decreased safety on the roads.
---------------------------------------------------------------------------
\47\ Brittle & Keuren, supra note 23.
\48\ Decl. of David Eldred, Chief Administrative Officer (``CAO'')
for the Metro Transit Dep't of Martin Luther King, Jr. Cnty., Wash. 16,
Lujan, 2025 U.S. App. LEXIS 29835, Dkt. No. 2142094; Naomi Dunn, Susan
Soccolich, & Jeffrey Hickman, Nat'l Surface Transp. Safety Center for
Excellence, Commercial Motor Vehicle Driver Risk Based on Age and
Driving Experience, 37 (2020), https://vtechworks.lib.vt.edu/server/
api/core/bitstreams/a5800006-4b00-4854-bd5c-1f3e76f5d5c1/content.
\49\ Dunn, Soccolich, & Hickman, supra note 48, at 21, 23, 37.
\50\ Id. at 37, 38.
---------------------------------------------------------------------------
Pursuant to the Administrative Procedure Act and for the purpose of
discharging its statutory duties, FMCSA must consider the implications
for roadway safety that may arise from limiting the availability of
commercial driver's license holders to perform these safety-critical
functions.
B. The IFR Does Not Address the Problems that FMCSA has Identified.
FMCSA has not demonstrated that there is any link between the
problem it has identified and its chosen solution. In the IFR, FMCSA
``uncovered systematic procedural and computer programming errors,
significant problems with staff training and quality assurance, and
policies that lack sufficient management controls in the issuance of
non-domiciled CLPs and CDLs by multiple SDLAs,'' and ``identified at
least five fatal crashes involving non-domiciled CDL holders.''\51\ But
restricting eligibility for CDLs addresses none of these problems.
---------------------------------------------------------------------------
\51\ 90 Fed. Reg. at 46512.
---------------------------------------------------------------------------
First, restrictions on eligibility for non-domiciled CDLs will not
help address any of the deficiencies in States' administrative
processes identified by FMCSA. The eligibility restrictions cannot
address procedural or programming errors, will not address gaps in
training or quality assurance, and do nothing to improve management
controls. The IFR does not include any regulatory changes that would
address those problems or any issue relating to States' administration
of CDL licensing. To the contrary, FMCSA's indictment of State
practices suggests that any claimed safety benefits from the IFR will
fail to materialize. Moreover, FMCSA does not explain why States'
failure to enforce existing standards demonstrates that the standards
themselves must change. The IFR provides no reason to think that
States' errors relating to programming, training, quality assurance,
and management controls would not apply equally to a State's handling
of both domiciled and non-domiciled CDLs.
Nor does the occurrence of 5 fatal crashes justify FMCSA's revision
of the standards for CDL holders. The IFR fails to draw a connection
between the immigration status of the CDL holders involved in the fatal
crashes it cites and the fact that those crashes occurred. FMCSA admits
that it has no evidence to demonstrate any ``relationship between the
Nation of domicile for a CDL driver and safety outcomes in the United
States.''\52\ Without such evidence, FMCSA cannot rule out the
possibility that holders of non-domiciled CDLs are safer, on average,
than their domiciled counterparts. There are vastly more fatal crashes
associated with domiciled CDLs, but that does not justify restricting
their ability to hold a CDL just based on their domiciled status.
---------------------------------------------------------------------------
\52\ Id. at 46520.
---------------------------------------------------------------------------
That problem also undercuts FMCSA's cost-benefit analysis. FMCSA
claims that the IFR would have positive net benefits if it results in
0.085 fewer fatal crashes per year, or in other words, if it prevents
1.3 percent of the 5 fatal crashes involving non-domiciled CDL holders
this year.\53\ But FMCSA assumes that those crashes would not have
occurred, or at least not all would have occurred, if the non-domiciled
CDL holders had not been driving. That presupposes that: (1) the
domiciled CDL holders who replaced those non-domiciled CDL holders
could be expected to practice safer driving habits and avoid a greater
number of crashes; (2) the fatalities were in any way correlated with
the driver's domicile; or (3) the trips that resulted in those five
crashes would have been eliminated, instead of shifted to domiciled CDL
holders. The first two premises are obviously incorrect, as seen from
the many fatal crashes caused by U.S.-domiciled CDL holders. As noted
above, newer CDL drivers have more accidents than those with
experience, so replacing existing non-domiciled CDL drivers with new
CDL drivers will cause more accidents.\54\ Again, there is no data to
support any conclusions that domiciled versus non-domiciled CDL drivers
are safer or less likely to be involved in an accident. The third
presupposition is plausible, but not reflected in FMCSA's analysis,
because elimination of these trips would necessarily and significantly
impact the freight market or government services. FMCSA's analysis
significantly undercounts the real risk of accidents involving
domiciled CDL holders or the costs of disruption to the freight market
and is therefore fundamentally flawed.
---------------------------------------------------------------------------
\53\ Id. at 46521.
\54\ Dunn, Soccolich, & Hickman, supra note 48, at 37.
---------------------------------------------------------------------------
The agency should redo its cost-benefit analysis to determine the
actual market disruption and the number of additional crashes that
would result from replacing non-domiciled CDL holders with additional
domiciled CDL holders on the roadways. FMCSA cannot premise its cost-
benefit conclusions on flawed assumptions without evidence that the
benefits it assumes actually would occur.
The IFR also ignores that driving history is readily available for
current holders of non-domiciled CDLs. Applicants who have been driving
commercial motor vehicles in the United States pursuant to existing
standards have a demonstrated history of either safe or dangerous
driving, which is as easily available to State licensing authorities as
the history of a domiciled-CDL holder. Nonetheless, FMCSA prevents CDL
renewals for every holder of a non-domiciled CDL, without regard for
their past driving history. FMCSA has no reason to forbid nondomiciled
CDL holders with a demonstrated history of safe driving on U.S. roads
from renewing their CDLs indefinitely. As drafted, the IFR forces the
Local Government Signatories to use the services of untested seasonal
workers or novices rather than long-time, proven employees.
At bottom, the IFR depends on the existence of a correlation
between domicile status and safety that is unsupported by the record.
That makes the burdens FMCSA imposes indefensible and unjustifiable.
conclusion
In summary, the Local Government Signatories ask FMCSA to consider
the harms to a number of critical government services that rely on
commercially-licensed drivers and the safety implications of those
effects on safety-critical local government services. We urge FMCSA to
withdraw or materially revise the IFR to account for these harms and to
adopt regulatory policy that more closely aligns to the best available
safety data and evidence.
The Local Government Signatories further strongly urge FMCSA to
consider collecting additional data to better understand the problem
facing it. The IFR's cherry-picking of 5 incidents in a single year out
of likely thousands \55\ suggests that, despite FMCSA's extensive data
collection, it does not have sufficient data to link domicile status to
the safety and fitness of CDL holders. FMCSA could have required
States, employers, or other entities to report data about crashes to
determine what factors actually jeopardize roadway safety and to
analyze if any correlation exists. Data collection is a natural next
step. If, on the other hand, FMCSA already has data that it can use to
better understand how a CDL holder's domicile status impacts road
safety, then it should disclose and rely on that data instead of
speculating.
---------------------------------------------------------------------------
\55\ In 2022, 6050 large trucks and buses were involved in fatal
crashes. There is little reason to think that number has changed so
drastically since then that 5 represents a significant fraction. See
U.S. Dept. of Transp. Fed. Highway Admin., Large Truck and Bus Crash
Facts 2022, https://www.fmcsa.dot.gov/safety/data-and-statistics/large-
truck-and-bus-crash-facts-2022-1 (last updated Oct. 10, 2025).
---------------------------------------------------------------------------
We look forward to working with you to address these concerns and
appreciate the opportunity to provide these comments.
Respectfully submitted,
Local Governments and
Local Government Leaders (listed in Appendix A).
Appendix A--List of Signatories
Local Governments
City of Albany, New York
Albany City Attorney's Office, New York
City of Alexandria, Virginia
City of Cambridge, Massachusetts
Montgomery County, Maryland
City of New York, New York
Portland City Attorney's Office, Oregon
Local Government Leaders
Celina Benitez, Mayor, City of Mount Rainier, Maryland
Jesse Brown, Councilmember, City of Indianapolis, Indiana
Chelsea Byers, Mayor, City of West Hollywood, California
Chris Canales, Councilmember, City of El Paso, Texas
Michael Chameides, Supervisor, County of Columbia, New York
John Clark, Mayor, Town of Ridgway, Colorado
Alison Coombs, Councilmember, City of Aurora, Colorado
Christine Corrado, Councilmember, Township of Brighton, New York
Nikki Fortunato Bas, Supervisor, Alameda County, California
Brenda Gadd, Councilmember, Metropolitan Nashville and Davidson
County, Tennessee
Caroline Torosis, Mayor Pro Tempore, City of Santa Monica,
California
Terry Vo, Councilmember, Metropolitan Nashville and Davidson
County, Tennessee
Ginny Welsch, Councilmember, Metropolitan Nashville and Davidson
County, Tennessee
Robin Wilt, Councilmember, Township of Brighton, New York
Mr. Brecheen. Thank you, Ms. Liu.
I am now going to--instead of going through ranking order,
I want to recognize Representative Fong given a time limitation
on his part. Representative Fong, you are now given 5 minutes.
I think you may have a special guest, also, as a part of your
opening statement.
Mr. Fong. Thank you, Mr. Chair.
This is a very important hearing that we are having and it
is very personal to me. I have the honor of introducing--I know
they have to catch a flight later this afternoon, but we have,
I think the Chair read the story of Dalilah Coleman, who was in
a horrific car accident with someone who was here illegally,
who obtained an illegal CDL in California. But Dalilah here is
now 7 years old. She is in the audience here with her father
Marcus and her mother Ileana, who I think they just got engaged
at the White House last week, if you saw the video. So they are
from Bakersfield, California, my home town. So I just wanted to
make sure to recognize them and put a face to this issue and
the families of this issue as well.
Mr. Brecheen. Will the gentleman just yield quickly? Thank
you all for taking the time to be here. We are so grateful to
see her in such good health.
Please continue.
Mr. Fong. So I want to applaud the Coleman family. They
have taken a preventable tragedy and horrific situation that
has affected them and made it their cause to make our roadways
safer.
It is worth noting again, and I will reread the details
that the Chair mentioned in his opening statement, in June
2024, in San Bernardino County, California, 5-year-old Dalilah
Coleman and her stepfather Michael were seriously injured in a
multi-vehicle pile-up caused by an illegal immigrant driving a
commercial 18-wheeler who sped through a construction zone and
failed to stop for traffic. Dalilah suffered life-long
injuries, including cerebral palsy, developmental delays, and
loss of speech, and she has now worked very hard to relearn how
to walk. The driver who illegally entered the United States in
October 2022, was released under the Biden administration and
held a California-issued CDL.
This preventable tragedy forever altered Dalilah's bright
future. I had the chance to meet with Dalilah and her family to
discuss Dalilah's Law, the legislation that they are working to
introduce and to pass, that would require States to limit
trucking licenses to U.S. citizens and lawful permanent
residents and certain work visa holders and, No. 2, revoke all
trucking licenses currently issued to illegal migrants as a
condition of receiving funding from the Department of
Transportation.
I did want to ask Mr. Tipton, what is your assessment on
the role States have in preventing future tragedies by non-
domiciled CDL drivers?
Mr. Tipton. So I think it's a multifaceted role that the
States can play. One is working with ICE and these 287(g) task
force models which allow for State and local law enforcement to
be able to verify immigration status. The problem that we run
into on roadside is that the person that we're talking to may
have a facially-valid CDL end date. When you run that CDL
through our law enforcement network system, it comes back as
valid. But then when we check on the immigration status,
they're not here legally.
Now, they may have originally crossed the border. I'll tell
you my experience. I've interviewed many of these folks as
we've taken them into custody. They've--under the former
administration, they would cross the border, be detained, be
released, and given, you know, an employment authorization
document at that time. So now that they've got this document in
hand, they can then go to a truck driving training school, one
of these CDL mills, get a certification, in many instances
obviously not be able to pass the certification because they
can't speak English efficiently to be able to pass, and then go
get a CDL.
So on its face value, it looks like they're valid. But
unless you have the authority and the ability to work with ICE
and verify their immigration status, you don't realize that
they're here illegally. So I think working--that's step one.
States have to work with the Federal Government in order to be
able to take adequate enforcement.
Mr. Fong. So that leads to my next question and it refers
to sanctuary State policies. In California, unfortunately, we
are a sanctuary State. I opposed it when it was moving through
the State legislature. So I think what you have outlined is
when a CDL is issued in one State, that driver is allowed to
operate across all 50 States. So if California applies a weaker
CDL standard, that creates a public safety risk for the other
States. Is that correct?
Mr. Tipton. Absolutely, across the board. You know, we--
and, of course, I live in a State that we call it the
crossroads of America. I-35, it runs from Mexico to Canada, I-
40 East and West Coast, and then I-44, and those all
interchange in Oklahoma City. So the amount of nationwide over-
the-road trucking that comes through our State is a massive
number. So we see it routinely that other States that don't
apply the same type of standard, yes, those drivers are going
to be coming right through Oklahoma.
Mr. Fong. Thank you. I appreciate the Chair's flexibility.
Thank you. Thank you, Dalilah and the Coleman family, for being
here. You are all inspiration to us. Thank you.
Mr. Brecheen. The gentleman yields.
I now recognize Representative Thanedar for his 5 minutes
of questioning.
Mr. Thanedar. Thank you, Chairman.
Truckers move nearly three-quarters of the country's
freight, making them an indispensable part of U.S. supply
chain. Without truckers, there would be no food on grocery
store shelves, products at big box stores, or fuel at gas
stations. Nearly 20 percent of truck drivers in the United
States are immigrants, just as they make up 20 percent of
overall U.S. work force. They often do the demanding and dirty
jobs no one else will.
These drivers have invested significant time and resources
into their careers as commercial drivers, and many of them have
accumulated decades of experience. But now the Trump
administration is unlawfully attempting to strip some of these
immigrants of their commercial licenses and their livelihood.
This will not only create undue hardship on their families, but
it will also further harm the U.S. economy.
President Trump's economy is not the greatest ever in
history as he claims. Much like his tariffs, the President's
immigration dragnet is fueling affordability crisis.
Ms. Liu, can you please explain how the Department of
Transportation's actions to restrict immigrants' eligibility
for commercial driver's licenses will harm the U.S. economy?
Ms. Liu. Thank you for your question. Prohibiting
documented immigrants from having commercial driver's licenses
will increase costs in the middle of an affordability crisis.
Trucks are the main way goods are moved across this country.
Approximately 73 percent of freight by weight is moved along
America's highways, from consumer products to food to
construction materials.
There is a well-documented need for truck drivers in this
country. Industry has reportedly estimated a shortage of tens
of thousands of truck drivers. The Trump administration's
exclusion of documented immigrants from the truck driver work
force would force 200,000 experienced drivers out of the
market, shrinking the existing work force by 5 percent. That
will disrupt supply chains, delay the delivery of goods and
materials, and increase rates for freight operations. Already
news reports say that the cost of a single freight trip from
New Jersey to Texas has gone up by more than 35 percent because
of a national shortage of immigrant truck drivers.
Mr. Thanedar. Thank you. Thank you so much.
Mr. Chair, I seek unanimous consent to add to the record a
letter from Teamsters California opposing DOT's rule
prohibiting most noncitizens from obtaining or renewing their
CDLs.
Mr. Brecheen. Without objection, so ordered.
[The information follows:]
Statement of the AFL-CIO
Wednesday, March 4, 2026
The AFL-CIO is a federation of 64 affiliated unions representing
more than 15 million workers across all sectors of our economy. Our
members work in every State in the Nation and they come from every
region of the world. Like the workforce as a whole, our membership
consists of people with all types of immigration status. Together, we
strive to ensure that every person who works in this country receives
decent pay, good benefits, safe working conditions, and fair treatment
on the job.
Workers with commercial drivers licenses (CDLs) make our country
run and provide a wide range of important services. They carry children
to and from school. They drive millions of people to and from work on
buses. They ensure our communities are clean through sanitation and
recycling pickup. They support our Nation's utility infrastructure,
manufacturing plants and airports. And they carry commercial freight
across U.S. highways and along our roads and city streets so that we
can get the things we need to live and support our families.
Unfortunately, the Department of Transportation (DOT) has twice
tried to prohibit nearly 200,000 workers with lawful work
authorization, including many union members, from renewing their CDLs
and will prohibit thousands more from obtaining new licenses. This will
be devastating for lawful immigrant drivers all around the country,
many of whom, in reliance on the prior rules, invested thousands of
dollars into training for careers requiring a CDL. It will also create
needless disruptions in public services in our communities and critical
supply chains that make our economy work.
DOT's first attempt at issuing this rule failed because the U.S.
Court of Appeals for the D.C. Circuit found that it was likely
procedurally flawed. The court also found that the rule was likely
unlawful because while DOT premised its rule on safety, its own data
indicated that the CDL holders excluded by the rule (immigrant drivers)
were involved in fatal crashes at a lower rate than CDL holders who are
not excluded, meaning the rule would worsen, and not improve, safety.
But DOT has continued to pursue this unlawful agenda. The agency
began using their annual program review process to demand that States
immediately cease issuing non-domiciled CDLs, in essence achieving what
Federal courts said they could not do.\1\ And, despite thousands of
comments opposing the rule, including comments from the AFL-CIO,
AFSCME, AFT, ATU, IBEW, Teamsters California, and USW, on February 13,
2026, DOT issued nearly the identical rule that had been previously
stayed, which has again been challenged in the U.S. Court of Appeals
for the D.C. Circuit.
---------------------------------------------------------------------------
\1\ The full list of States that have received a preliminary
determination of substantial noncompliance for their issuance of non-
domiciled CDLs is available here.
---------------------------------------------------------------------------
Throughout this process, DOT has cherry-picked, from the tens of
thousands of fatal accidents per year, a handful of examples caused by
people with a single characteristic of having noncitizen status. But
there is no evidence showing a correlation between immigration status
and unsafe driving, a fact that DOT admitted in their initial rule
issuance that ``[t]here is not sufficient evidence, derived from well-
designed, rigorous, quantitative analyses, to reliably demonstrate a
measurable empirical relationship between the Nation of domicile for a
CDL driver and safety outcomes in the United States such as changes in
frequency and/or severity of crashes or changes in frequency of
violations.''
We call on Congress to hold DOT accountable and to demand that it
not issue rules that discriminate arbitrarily. Instead, DOT should
focus on lifting standards for all workers and making our roads safer.
Mr. Thanedar. In addition to the vital role truckers play
in the U.S. supply chain and economy, they also play a crucial
role in providing public services to our communities. They
drive the school buses that take our kids to school, operate
plows to clear snow during blizzards, and run the mass transit
system commuters rely on to get to work, just to name a few.
Ms. Liu, 19 attorney generals oppose Trump administration's
efforts to take commercial driver's licenses away from
immigrants because of the negative impact on public services in
their States. Several local governments and government leaders
who support the on-going litigation shared similar concerns.
Can you please walk us through how the Department of
Transportation's rule would reduce and degrade essential public
services?
Ms. Liu. Thank you for your question. Prohibiting
documented immigrants from having CDLs will disrupt and curtail
essential public services. These governments depend on drivers
to drive buses for schools, mass transit systems to transport
people to work, to operate construction vehicles to maintain
and repair roads. With fewer drivers, these services will be
disrupted and public safety will be harmed. For example, a
shortage of snowplow operators means that a local government
will not be able to treat the roads, resulting in more
hazardous driving conditions and increasing crashes. Thank you
for your time.
Mr. Thanedar. Thank you, Ms. Liu.
I am out of time, so I yield back.
Mr. Brecheen. Thank you. The gentleman yields.
I now recognize Representative Van Epps for his 5 minutes
of questioning.
Mr. Van Epps. Thank you, Mr. Chairman, for holding this
immensely important hearing and to our witnesses for joining
us.
Highway safety impacts Americans every day. States like
California that refuse to enforce driver's license standards
are putting every driver and passenger on the road in danger.
When even one unqualified driver is handed a commercial
driver's license, the danger does not stop at a State line. It
puts every highway and every family on the road at risk. The
reality is this is not about a single reckless driver. It is
about tens of thousands operating nationwide.
Last year in my home State of Tennessee, the Biden
administration granted a non-English speaking illegal alien
work authorization, allowing him to obtain a commercial
driver's license. This man went on to cause a multi-vehicle
crash killing 1 and injuring 2 others. These senseless deaths
must stop.
I am extremely proud of what the Tennessee Highway Patrol
has accomplished working with DHS to get dangerous illegal
aliens off our roads and keep our communities safe. But this
issue has to be fixed across the board. Whether it be fraud or
sheer negligence, we cannot tolerate sanctuary cities giving
licenses to unsafe drivers.
Sheriff Del Toro, we have heard about the tragic vehicle
incident in St. Lucie County, Florida, involving an illegal
alien from India carrying a non-domiciled CDL killing 3 people.
While we recognize this remains an active and on-going
investigation, can you share any further details with us and
how this incident has impacted your county?
Sheriff Del Toro. So it's impacted our county in a very
tragic way by the loss of 3 lives. It was an illegal U-turn in
the middle of our Florida turnpike and really for no reason.
There was no emergency that was ahead. It was just an illegal
U-turn where a completely unsafe maneuver caused 3 people who
were traveling close to 80 miles an hour to go underneath the
back of that truck and lose their lives. So it's impacted our
community in a big way.
It was a national story, obviously, because of the fact of
the non-domicile CDL issue by an illegal immigrant that came
over the border, I believe in 2018, was issued a notice to
appear for that violation, and then, as the Chairman stated,
had failed a test in the State of Washington, I think, I
believe 10 times before obtaining it in California. So it shed
a big light on things.
I think one of the things that we have to do as public
servants and elected officials is identify problems and come up
with ways to solve those problems. I believe the Chairman
mentioned there was 200,000 CDLs issued to illegal immigrants
and we all agree that illegal immigrants by the law are not
allowed to obtain these non-domiciled CDLs. So what can we do
to solve that problem?
I think Florida has taken a big step toward that and I'd
like to just share with you a few key components to some
changes that they've made regarding non-domiciled CDLs.
Mr. Van Epps. Please.
Sheriff Del Toro. So Florida only issues licenses to
drivers who are in the country legally. Licenses issued to
noncitizens with temporary legal presence, non-domiciled, are
valid for a year or the last date of the customer's legal
status, whichever comes soonest. For each license issued to
noncitizens, Florida verifies electronically with DHS and the
SAVE system that the customer had legal presence in the United
States. We then scan and maintain all documents presented by
the driver to establish their identity and legal status and
these documents are available in our DAVID system.
All issuance involving drivers with temporary legal
presence non-domiciled are conducted in person. If a noncitizen
is only allowed to be in the United States on a temporary
basis, we place the words ``Temporary'' on the front of that
driver's license and that is due to Federal Motor Vehicle
Carrier Safety Administration Rules updates and Florida will
also begin printing the words ``Non-domiciled'' on the license
moving forward.
The written CDL knowledge test was previously provided in
Spanish and English with prior approval from the FMCSA.
However, Florida recently changed its policy that all driver's
license testing includes Class C--or Class E, correct, must be
taken in English only. The behind-the-wheel CDL skills test is
also provided in English as required by FMCSA regulations. At
the request of FMCSA, Florida paused all issuance of CDLs to
non-domiciled drivers on November 24, 2025, and plans to resume
issuances after the new FMCSA rules become effective in mid-
March, this month.
So this isn't to hurt anybody that's here legally in our
country. It's just a way to vet it out, increase our standards,
which I think is our responsibility as elected officials to
protect the public and enhance roadway safety.
Mr. Van Epps. Thanks, Sheriff, and thanks for being here
today.
Mr. Chairman, I am out of time. Yield back.
Mr. Brecheen. The gentleman yields.
I now recognize Representative Strong for his 5 minutes of
questioning.
Mr. Strong. Thank you, Chairman Brecheen. I thank each of
our witnesses for being here today for the work that you do to
keep America safe.
This hearing is about a simple issue. When Americans share
the road with a commercial vehicle, they should be confident
that people behind the wheel are properly vetted, lawfully
authorized, and qualified to operate a commercial vehicle. I
speak first-hand. I held a commercial driver's license with a
passenger endorsement because my family owned a fleet of 45-
foot Prevost buses that traveled throughout this country for
more than 40 years without a chargeable accident.
Last year, you would think the last thing you would want is
someone behind the wheel of a commercial vehicle that doesn't
understand the laws of the land, don't understand turning
radiuses, don't understand stopping distances, and they have
got to respect the laws of the land. That is assimilation to
the United States of America.
Under the previous administration, enforcement gaps allowed
fraudulent documents and stolen identities to slip through the
cracks, leaving States to deal with drivers who never should
have been behind the wheel of a commercial vehicle. In my home
State of Alabama, joint enforcement actions recently removed
dozens of unsafe truck drivers from the highways, including
individuals with no valid license at all. Unfortunately, not
all States share the same sense of urgency in taking action.
Commissioner Tipton, in your testimony you confirmed that
States are encountering fake documents, identity fraud, and
completely invalid license being used to obtain or attempt to
obtain CDLs. Alabama's experience shows that targeted
coordination between State law enforcement and Federal partners
is crucial to identifying and removing unsafe commercial
drivers from the roads. You have described a similar effort in
Oklahoma. How essential is that kind of strong routine
coordination between State law enforcement and Federal partners
to effective CDL oversight and highway safety?
Mr. Tipton. Thank you for the question. Again, it goes to
every area of State coordination with the Federal Government at
the issuance, at the certification of schools who put on this
training, and the ability to ensure that the training is of
quality and that the people who pass that training do
understand the rules of the road and can read road signs and
all the things that you just explained.
On the enforcement side of it, we would not be able to do
this work if it wouldn't be for the partnership that we have
with the Federal Government. I'll tell you what we're seeing
now. We've ran, I believe, 5 special emphasis at our ports of
entry over the past 9 months--or one of our--so we did one out
west that I spoke of earlier. We then went to the eastern side
of the State on I-40 at the Oklahoma-Arkansas border. Within
minutes of us setting up and starting our operation, my intel
analysts were seeing social media posts all the way out to the
North and South Carolina coast telling people Oklahoma's doing
it again. Go around Oklahoma. Don't go through Oklahoma if
you're driving a truck and you're not here legally because they
knew that we were working with ICE.
So now we're combating it to where they're going to either
divert around our State or they're going to hold in another
State until we're not out working. So I believe it's incumbent
upon us to work in a coordinated effort across multiple States
at the same time, same type of operations if you really want to
get a true enforcement and make some true action on this.
Mr. Strong. The greatest compliment your State can get is
that they are enforcing the laws.
Sheriff Del Toro, when your deputies stop a commercial
vehicle and discover licensing or identity issues that doesn't
just raise paperwork concerns, it creates a real safety risk on
the roads. Is that a true statement?
Sheriff Del Toro. Yes, sir.
Mr. Strong. One theme we have heard today is that
verification matters, whether it is verifying identity, legal
eligibility, or basic qualifications before someone is trusted
with a serious responsibility. The House has twice passed the
SAVE America Act, which focuses on requiring voter ID to ensure
only U.S. citizens participate in Federal elections. I was
proud to vote in favor of that legislation.
Sheriff Del Toro, from a public safety standpoint, do you
agree that the same common-sense principles apply here, that
verifying identity and eligibility before granting access
whether to a ballot or an 80,000-pound commercial vehicle is
far safer than trying to fix the problem after the fact?
Sheriff Del Toro. Yes, sir.
Mr. Strong. Mr. Chairman, my time has expired. I yield
back.
Mr. Brecheen. The gentleman yields.
I now recognize myself for my 5 minutes of questioning.
I want to say how excited I am that the Trump
administration has taken this issue very seriously and, on
February 13, 2026, how the Department of Transportation did
issue a final rule that will restrict the issuance of non-
domiciled CDLs to foreign drivers and it will raise the
eligibility standards to prevent these unqualified drivers and
these bad actors. We are not talking about those that are here
legally. We are talking about those that are in violation of
FMCSA Federal guidelines.
The CDL issuance is not to be taken lightly. Again, you can
weaponize, especially with the hazmat endorsement, you can
weaponize an 80,000-pound rig. For those in the trucking
industry, for those of us that had to learn to drive a semi and
downshift, and now that the innovation of automatic
transmissions are out there, it is making the type of driver
that is sitting in a semi not as educated on downshifting and
how far you have to pace off of someone in front of you. If you
are a truck driver, you know exactly what I am talking about.
So there is a heightened safety element that has to be
adhered to. The fact that we are hearing about these CDL mills
that may be lacking not only basic instruction to make sure
people can read in English the road signs and know that there
is a sign that says your speed in a work zone, and they would
otherwise if they didn't--the ability to read, that would only
see a number flashing at them. There are some real critical
elements that being able to read in English is going to create
havoc if we don't understand this. It is much, much, much far
and surpassing of that.
What can we be doing? Any of the witnesses. I am going to
zero in with you, Mr. Tipton, because you have been paying
attention to other States, like Oklahoma. What can we be doing
on a Federal level outside of what the President, his
administration has been doing? I know that Representative
Rouzer has a measure that could be codified. What else can we
be doing on the Federal level?
Mr. Tipton. Again, as I mentioned earlier, you know, I
think that already suits have been filed against the new
upcoming rules that FMCSA is going to implement this month. I
think it's such a critical area that an employee authorization
document is not sufficient to be able to then turn around and
go get a CDL. It does not--and it's obvious that the crackdown
on the CDL mills, the schools that are supposedly safely
training these folks, when I encounter--when our troopers
encounter someone who has supposedly passed a test, has their
CDL, and obviously can't read and speak English and understand
the rules of the road, those schools have to be shut down.
Mr. Brecheen. Absolutely.
Mr. Tipton. I'll tell you, and this is in my experience
with what I've seen in interviewing these people who are
driving these trucks as we take them into custody, I believe
there's been coordinated effort to bring people to the Southern
Border under the last administration, get them through the
border, get them an EAD issued.
Mr. Brecheen. Yes.
Mr. Tipton. They go to the school and get this certificate
and then go to a State.
Mr. Brecheen. Eight hundred and seventy thousand new CDLs
issued under Biden's first year. The fact that we know 50
percent of those who have obtained a CDL in the State of New
York are fraudulently--they are illegally here, they are not in
compliance, 50 percent of what New York has issued. Seventeen
thousand people with CDLs have been granted them in violation
of Federal statute in the State of California.
What else can we be doing on the State levels? What I am
excited about is the opportunity for Governors, State lawmakers
to have heard this hearing, understand what the Trump
administration is doing. These thousands of commercial truck
drivers, as you said, they are getting on social media saying
bypass Oklahoma, bypass Indiana. They are taking this thing
seriously because they are working with ICE.
What would be your message? Because you are going to have
the sanctuary-type States that are going to--and I am grateful
to the administration saying you are going to do this in
violation? Get ready. Federal highway funds could be your loss.
That is the right thing to do. The Federal law has to be
followed because national security is at risk here as well.
What would be your comments to any State Governor in a red
State that would be willing to bring ICE in? Let them work with
their OHP, their highway patrolmen, like you all did, and
making sure that they were--an education, but making sure the
database of who is here illegally, that if 20 States were doing
this, what could that do to expedite getting these people
caught and off the road?
Mr. Tipton. It could be done in such a short amount of time
because they're moving every day across the country. I think
Oklahoma is a model example of when State and local law
enforcement work with ICE. There's not chaos, there's not all
of this uproar.
Oklahoma, across the year 2025, we ranked in the top 3
month-to-month on how many illegal criminal aliens we removed
from our State, from the country. We ranked in the top 3. You
don't see all the chaos and it's due to that cooperation.
So for the safety of everybody involved, both the motoring
public on the CMV issue, the potential terrorist-type threat,
you know, you and I come from a State, we understand what truck
bombs can do and for the safety of everybody involved, the
cooperation with ICE is critical and can be done in a calm,
legitimate, legal way.
Mr. Brecheen. With that, my time has expired.
I want to just because we have had--I think we have come in
under time, is there anyone else? Representative Thanedar,
Representative Van Epps, would you have an additional question
that you would like to ask given our panelists are still here
and either one of you?
Mr. Van Epps. I will ask one more, Mr. Chairman----
Mr. Brecheen. Go ahead.
Mr. Van Epps [continuing]. If that is OK. Just to follow up
on that last point to Commissioner Tipton and Sheriff.
Commercial drivers have access to ports, energy facilities,
military bases, and hazardous materials routes. How does your
State conduct enhanced vetting for sensitive cargo?
Sheriff Del Toro. I can't speak to how they vet out cargo
at ports. I've never worked down near one. But I can tell you,
though, as far as the vetting of drivers, that needs to happen
and that's why it's so important that Florida's taken the step
to vet these drivers that are getting these non-domiciled CDLs
are done in person. They verify with our Federal partners.
We're no longer working in silos and I'm sure they're doing
that as well with cargo as well. So I think it's just an
important thing to recognize the changes we've made in Florida.
Moving forward, I think we need to see more of that,
especially with--can I just touch real quick on the Real ID----
Mr. Van Epps. Please.
Sheriff Del Toro [continuing]. And the 2005 act? Where the
States still have the right to issue licensing, but in order to
meet Federal standards, they have to meet certain standards to
be recognized federally to get on a commercial aircraft,
transporting hazardous materials. That's why I think it's so
important just that simple act itself could really help in
raising the standards up for these States where they can still
do the license issuing, but they have to meet some Federal
standards, which could include in-person vetting, their
immigration status, working with the States, working with our
Federal partners to ensure that--to ensure safer roadways.
Mr. Van Epps. Thank you.
Sheriff Del Toro. Thank you, sir.
Mr. Brecheen. Following the theme of allowing additional
questioning, Representative Thanedar, are you recognized.
Mr. Thanedar. Thank you, Chair.
Is it true that the standards for commercial driver's
licenses for U.S. citizens and permanent residents are
identical to the standards for non-domiciled commercial
driver's licenses, that is documented immigrants who are
authorized to work in the United States?
Sheriff Del Toro. Can you repeat the question, sir?
Mr. Thanedar. It is just a yes-or-no question. Are the
standards the same as they are for the U.S. citizens drivers or
permanent residents?
Sheriff Del Toro. Yes, correct.
Mr. Thanedar. Yes, OK. Is it also true that the
requirements to obtain a commercial driver's license are
extensive in that applicants must demonstrate English language
proficiency, demonstrate 30 different vehicle inspections,
control, and driving skills, and demonstrate their knowledge in
20 general areas, and consent to alcohol testing?
Sheriff Del Toro. I can only speak for the State of
Florida, but that's correct in the State of Florida.
Mr. Thanedar. All right. Given the standards and
requirements are the same across the board, can you please
explain to me how the Department of Transportation's rules
restricting commercial driver's licenses to people with H-2A,
H-2B, and E-2 visas and stripping it from refugees, asylees,
and DACA recipients improves highway safety?
Sheriff Del Toro. Because there's obviously gaps in these
standards because people that are here illegally have obtained
these licenses as well. So I'm not trying to shed any negative
light on anybody here that's here legally obtaining these or
differences between whether you're a citizen, permanent
resident. Those standards, I think, are the same in the State
of Florida. But the one thing we're not seeing in the State of
Florida is licenses being issued to illegal immigrants because
of our vetting process. I think that's where we can close the
gap federally from State to State to improve highway safety.
Mr. Thanedar. Ms. Liu, what is your answer to that?
Ms. Liu. Thank you for the question. That's right. The
standards are identical for U.S. Citizens, lawful permanent
residents, documented immigrants alike. Regardless of
citizenship or immigration status, all drivers must demonstrate
English language proficiency, demonstrate 30 different vehicle
inspection, control, and driving skills, demonstrate their
knowledge in 20 different areas.
It would not improve highway safety to prohibit documented
immigrants from holding these licenses. In fact, forcing
200,000 drivers out of the market and depleting the work force
by 5 percent will make our roads less safe by replacing
experienced drivers with less experienced ones and increasing
driver fatigue for the drivers remaining on the road.
Moreover, there is no data, the Trump administration has no
data showing that noncitizens cause more crashes than U.S.
citizens. They have conceded that there is no empirical
relationship between a person's nation of domicile and safety
outcomes. According to the Trump administration's own data,
there are approximately 4,000 crashes on average in a year, of
which 17 were caused by a documented immigrant. That means more
than 99 percent of crashes are caused by U.S. citizens and
lawful permanent residents.
If the concern is that States are improperly issuing
licenses to people who do not, in fact, already meet the
existing requirements about training, English, testing, then
the solution is to tighten the administrative steps to make
sure that licenses are going to people who, in fact, do satisfy
all of the requirements. But excluding documented immigrants
from being truck drivers altogether would harm highway safety,
destroy the livelihoods of thousands, increase costs during an
affordability crisis, and disrupt essential public services.
Mr. Thanedar. Thank you so much. So it looks like we can
look at the statistical data. We can look at total number of
commercial drivers. We can see what percent of them are the
immigrants that this law is trying to change. If you look at
all of the, you know, fatal accidents that happen, what percent
of those are committed by the immigrants? From what you're
telling me, it seems like, you know, most of--99 percent of the
collisions, accidents are as a result of--by U.S. citizen
drivers or permanent resident drivers. Is that true?
Ms. Liu. Thank you for the question. The Trump
administration has identified 17 examples, as I said, of
documented immigrants who've caused fatal crashes. But there
are over 4,000 in a year, so that's less than 1 percent,
meaning the other--the vast majority is caused by U.S. citizens
and lawful permanent residents.
Mr. Thanedar. Thank you.
Mr. Brecheen. The gentleman's time has expired. He yields.
So I just want to follow up and this is more than
anecdotal, again going to the theme of allowing additional time
for question.
This is a tragic example. Sheriff Del Toro, is the
individual who made the U-turn, he was here illegally. He
failed his commercial driver's license 10 times in a matter of
2 months. Then yet goes to the State of California, obtains his
commercial driver's license, and immediately within a very
short-term time frame leads to the tragic end that you know of
in your county.
Sheriff Del Toro. Correct.
Mr. Brecheen. So if someone is not willing to concede that
the lack of speaking English, the lack of skill is evident.
Really zeroing in on California and Pennsylvania and New York,
New York, who is failing 50 percent of their CDL non-domiciled
we know are here illegally, our attention needs to be really be
focused there. Again, carrot and stick, Federal highway
transportation funding, I am so grateful to an administration
who means what they say and is willing to follow suit when
there is a lack of adherence.
Mr. Tipton in Oklahoma, I find it interesting that when you
all began to lead on this issue, we were not just talking about
limited to the border of with Mexico shared by the United
States. These are the individuals you all found that were
operating with these commercial truck drivers: India,
Uzbekistan, Georgia, Kyrgyzstan, China, Pakistan, Russia,
Belarus, Ukraine, Turkey, Cuba, Guatemala, Venezuela. Is that
accurate?
Mr. Tipton. Yes, sir. It was from around the globe.
Mr. Brecheen. It is not just the national security element.
It is also if you are willing to skirt the law, it tells you
something about your character. If you are willing to
compromise in one area, you will compromise in another area. So
I am grateful.
I see in the audience another person from Oklahoma who made
me heightenly aware. Cole Stevens, thank you for making me
heightenly aware of what we are also seeing potentially of
insurance that is being moved around. It is not just CDL mills
that they are gaming and how you can actually obtain a CDL. It
is also the potential of when you go to a weigh station, which
I have had to do, to present your insurance verification. Did
you all see in the time period that you were there of insurance
being moved around on one vehicle or another?
Mr. Tipton. Absolutely.
Mr. Brecheen. Can you explain that? Can you expound upon
that?
Mr. Tipton. It's--I don't know how else to explain it other
than it looks like a well-organized method of circumventing,
whether it be insurance, you know, how they got the job, how
they were brought into the country.
Mr. Brecheen. OK.
Mr. Tipton. So it's a well-organized--and let me also say
this, I'll use this as an example. While one of my troopers is
out with a truck doing an inspection at a weigh station on one
of our emphasis, at the same time another trooper has a van, a
passenger van, stopped with, I believe, 8 people inside of it,
none of whom could speak English. None of them had their--any
type of identification on them. The driver in the semi that was
stopped behind them had all of the passports of the folks that
were in the van. We've found people who have active
investigations and warrants for human smuggling, drug
trafficking, money laundering, assault, driving under the
influence, and failure to appear in court. So this is an even
larger public safety issue when we let unvetted, untrained,
unskilled people in these, operate these vehicles.
Mr. Brecheen. I would just say this and I am going to land
the plane. This is not just public safety. It is not just
national security. It is also for those in the trucking
industry understand how expensive insurance is. It is also
those that would game the system, that would undermine legal
process of being legally operational and find foreign actors to
work with them, whether it is to modify their logs, their time
logs, to make insurance, to obtain insurance fraudulently,
moving insurance from one vehicle to another, therefore
undercutting someone, a U.S. citizen, someone who has been
established for years, trying to operate legally, now they are
having to compete with that full measure of someone operating
underhanded and under the table. There is a full can of worms
here that is yet to be fully explored.
I am grateful to you, witnesses, for helping us get a
greater look. I am grateful to President Trump mentioning this
to his State of the Union address. This is something that has
to be uncovered to a greater level.
I want to thank our witnesses for your testimony, Members
for their questions. Members of the committee may have some
additional questions for the witnesses. We would ask the
witnesses to respond to these in writing. Pursuant to committee
rule VII(E), the hearing record will be open for 10 days.
Without objection, this committee stands adjourned.
[Whereupon, at 3:58 p.m., the subcommittee was adjourned.]
A P P E N D I X
----------
Questions From Honorable Al Green for Wendy Liu
Question 1. The interim final rule issued by the Department of
Transportation's (DOT) Federal Motor Carrier Safety Administration
(FMCSA) on September 29, 2025, would strip asylum seekers, refugees,
and DACA recipients of their commercial driver's licenses despite being
legally present and authorized to work in the United States. This issue
is being framed by my colleagues on the right as a ``safety'' concern,
seemingly implying that non-citizens, who are lawfully present in the
United States, are somehow a threat simply because of their immigration
status. One's immigration status alone is not a valid safety concern,
and it is not coincidental that the groups affected by the September
rule are the same ones being targeted by President Trump's deportation
efforts.
Ms. Liu, is there any data to support the argument that documented
immigrants cause more crashes than U.S. citizens or permanent
residents?
Answer. No. The Trump administration's Federal Motor Carrier Safety
Administration (FMCSA) stated in February that it cannot ``estimate
quantitatively the risk associated with non-domiciled [commercial
driver's license] holders.''\1\ This statement mirrors its earlier
concession that ``[t]here is not sufficient evidence . . . to reliably
demonstrate a measurable empirical relationship between the Nation of
domicile for a [commercial driver's license] driver and safety outcomes
in the United States such as changes in frequency and/or severity of
crashes or changes in frequency of violations.''\2\
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\1\ FMCSA, Final Rule, 91 Fed. Reg. 7044, 7099 (Feb. 2026).
\2\ FMCSA, Interim Final Rule, 90 Fed. Reg. 46509, 46520 (Sept.
2025).
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Question 2. Is the data that the Department of Transportation cites
to justify excluding documented immigrants from obtaining licenses
adequate?
Answer. No. As noted above, FMCSA has conceded that it has no
empirical data showing that documented immigrants cause more crashes
than other drivers.\3\ And, as explained in my written testimony, of
the approximately 4,000 fatal large truck and bus crashes on average in
a year,\4\ the Trump administration's own data identifies only 17 that
were likely caused by a documented immigrant.\5\
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\3\ See 91 Fed. Reg. 7099; 90 Fed. Reg. 46520.
\4\ FMCSA, Crash Statistics, https://ai.fmcsa.dot.gov/
CrashStatistics?tab=Driver&-
type=&report_id=36&crash_type_id=1&datasource_id=2&time_period_id=2&repo
rt_-
date=2023&vehicle_type=1&State=AllStates&domicile=ALL&measure_id=1&opera
tion_- id=null (Driver License Status Crash Statistics). FMCSA
statistics for calendar year 2025 state that there have been 3,996
fatal crashes involving large trucks and buses, but these statistics do
not provide breakdowns by CDL status. FMCSA, Crash Statistics, https://
ai.fmcsa.dot.gov/
CrashStatistics?tab=Summary&type=&report_id=1&crash_type_id=4&datasource
_id=1&-
time_period_id=2&report_date=0&vehicle_type=2&State=NAT&domicile=ALL&mea
sure- _id=1&operation_id=null.
\5\ 91 Fed. Reg. 7065.
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Question 3. Are all Non-Domiciled CDL applicants required to
provide documentation demonstrating lawful presence and authorization
to work in the United States?
Answer. Yes. The regulation in effect before the Trump
administration's rule required every non-domiciled commercial driver's
license (CDL) applicant to present an unexpired Employment
Authorization Document, issued by the Department of Homeland Security's
U.S. Citizenship and Immigration Services, authorizing that person to
work in the United States, or an unexpired foreign passport and
approved I-94 form.\6\
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\6\ 49 C.F.R. 383.71(f)(2)(i) (2021).
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Question 4. Are these applicants required to pass the same
knowledge and skills examinations as any other CDL applicant to
demonstrate competency behind the wheel?
Answer. Yes. Non-domiciled CDL applicants must pass the same
knowledge and skills examinations as all other CDL applicants.\7\ And
the knowledge and skills requirements to obtain commercial driver's
licenses are extensive: Applicants must demonstrate English language
proficiency,\8\ demonstrate 30 different vehicle, inspection, control,
and driving skills,\9\ demonstrate their knowledge in 20 different
areas,\10\ and consent to alcohol testing.\11\
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\7\ See 49 C.F.R. 383.73(f)(2).
\8\ See 49 C.F.R. 383.133(c)(5); id. 391.11(b)(2).
\9\ 49 C.F.R. 383.113.
\10\ 49 C.F.R. 383.111.
\11\ 49 C.F.R. 383.72.
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Question 5. If States were to issue these licenses improperly, are
there Federal mechanisms in place to establish corrective action plans
with the State to ensure compliance?
Answer. Yes. FMCSA can conduct program reviews of each State's CDL
program \12\ to ensure that the State is in substantial compliance with
the Federal minimum standards.\13\ States can then take corrective
action to correct deficiencies.\14\
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\12\ 49 C.F.R. 384.307.
\13\ See 49 C.F.R. 384.301(a); 49 U.S.C. 31311.
\14\ 49 C.F.R. 384.307.
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