Florida's Attorney General, James Uthmeier, has petitioned the U.S. Supreme Court to halt the issuance of commercial driver's licenses to undocumented drivers by California and Washington. He argues that these states are violating federal safety and immigration status requirements.
According to CBS News, the lawsuit accuses both states of "disregarding" federal regulations by allowing immigrants without the necessary training or English proficiency to operate commercial vehicles across state lines. The legal action seeks injunctions to prevent California and Washington from granting learner's permits and commercial licenses to applicants who are neither citizens nor lawful permanent residents.
The lawsuit points out that both states have ignored federal guidelines by granting licenses to undocumented immigrants who lack proper training and the ability to comprehend road signs. The case gained attention following an accident involving Harjinder Singh, allegedly in the U.S. illegally, who had obtained licenses from both California and Washington. The crash in St. Lucie County resulted in three fatalities and led to Singh's arrest.
In August, the U.S. Department of Transportation Secretary warned California, Washington, and New Mexico that they risk losing funding if they fail to enforce English proficiency requirements for commercial drivers. This week, it was announced that $40 million would be withheld from California for non-compliance.
A statement highlighted, "California is the sole state unwilling to ensure that drivers can read signs and communicate with authorities." Florida argues that federal laws take precedence over state laws that prevent checking immigration status during the licensing process and labels this practice a "public nuisance" with interstate implications.
Florida has asked the Supreme Court for permission to sue (via original jurisdiction), asserting that their claims are "serious and substantial" and that no alternative forum exists to provide adequate relief. The underlying tensions also involve federal administration and California Governor Gavin Newsom over immigration law enforcement.
The Supreme Court will need to decide whether Florida can proceed with the case. Should the court permit it, the tribunal will determine if California and Washington must align their licensing policies with federal standards as demanded by Florida.
Following the Harjinder Singh incident, the U.S. Department of Transportation has tightened regulations for non-citizens seeking Commercial Driver's Licenses (CDL). Now, only individuals with specific visas (H-2A, H-2B, and E-2) can apply, and it is mandatory to verify immigration status through a federal database. Additionally, the licenses will be valid for a maximum of one year or until the visa expires.
Key Legal Questions on Trucking Licenses for Undocumented Drivers
What is the main legal issue in Florida's lawsuit against California and Washington?
Florida's lawsuit challenges the issuance of commercial driver's licenses to undocumented immigrants in California and Washington, claiming it violates federal safety and immigration requirements.
How did the incident involving Harjinder Singh influence this lawsuit?
The incident involving Harjinder Singh, who was allegedly in the U.S. illegally and had licenses from California and Washington, led to a fatal crash that prompted Florida to take legal action, highlighting the risks of issuing licenses to undocumented drivers.
What actions has the U.S. Department of Transportation taken in response to this issue?
In response, the U.S. Department of Transportation has tightened regulations, requiring non-citizens to have specific visas and verified immigration status to obtain a CDL, with licenses valid for up to one year.