Defying the federal government’s directive means California could lose funding and its authority to license hundreds of thousands more commercial drivers, state attorneys said. Transportation officials already penalized the state by withholding $158 million for highway safety over the issue, a decision California challenged in court.
Schwartz acknowledged the federal conflicts, but ruled the DMV must post on or before March 6 an update on its website alerting drivers that they can immediately reapply, and issue licenses to lawful applicants within a reasonable time.
“Petitioners have demonstrated that the manner in which their commercial drivers licenses (“CDLs”) were cancelled — without a right to challenge cancellation, to reapply, or to request a hearing — violated state law requirements,” Schwartz wrote.
The decision followed a new U.S. Department of Transportation rule published last month, which excludes an estimated 190,000 immigrants from holding commercial driver’s licenses, arguing it will improve public safety after a series of fatal highway collisions involving noncitizen truckers. Drivers and unions are challenging that regulation in court.
Before federal changes, states issued non-domiciled commercial driver’s licenses to immigrants who pass knowledge and driving tests and present valid federal work permits, but who don’t have a green card.
In November, the DMV sent 17,300 drivers 60-day cancellation letters that did not offer a way to challenge the revocations or submit updated work permit records. The agency later notified an additional 2,700 drivers that their licenses would also be cancelled without recourse.
By mid-December, DMV officials said they had planned to start reissuing the contested licenses, but paused after the FMCSA said it may not do so yet.
