Goodbye to driver’s licenses in California and New York; this is why they could cancel yours
New rules on a particular type of license mean states have been ordered to revoke certain individuals’ driving permits.
The Departments of Motor Vehicles (DMV) in California and New York have been ordered to revoke certain commercial driver’s licenses under directives issued during the Trump administration.
In March, a regulation from the Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, went into effect. The rule imposes federal limits on obtaining a commercial driver’s license (CDL) for non-domiciled drivers, a move that also directly impacts California and New York.
Non-domiciled individuals are defined as those who do not hold U.S. citizenship or lawful permanent resident status (a Green Card), as well as certain visa and permit holders.
California and New York DMVs to revoke commercial licenses for affected drivers
The federal government has required the California and New York DMVs to cancel certain CDLs issued to non-domiciled drivers. The measure targets individuals who do not have legal immigration status.
California’s DMV has indicated that a court ruling allows affected individuals to reapply for this type of license. However, the federal government currently prohibits state DMVs from processing those applications.
“Given that the DMV is compliant with state and federal law, it is incumbent upon the federal government to allow the DMV to process those applications and issue licenses to eligible drivers,” California officials said.
Meanwhile, in late April, New York Attorney General Letitia James announced that she had filed a lawsuit challenging the U.S. Department of Transportation’s decision to withhold roughly $73 million in funding, citing the state’s alleged failure to implement the new license revocation rule.
Who is eligible for a commercial driver’s license in California and New York?
Under the FMCSA’s updated regulation, only individuals with legal immigration status are eligible to obtain a non-domiciled CDL.
That effectively excludes undocumented immigrants and certain visa holders. Those who may still qualify include temporary agricultural workers on H-2A visas, temporary non-agricultural workers on H-2B visas, and E-2 treaty investor visa holders.
In addition, applicants must now provide proof of lawful immigration status, among other requirements, in order to secure a commercial driver’s license.
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