Union Challenges Trump Administration’s Policy on Immigrant Truck Drivers
A labor union known for its support of Democratic candidates is taking legal action against the Trump administration over its measures targeting undocumented immigrant truck drivers.
The American Federation of State, County, and Municipal Employees (AFSCME), along with the American Federation of Teachers (AFT) and a public interest law firm, has filed a motion for review against the Department of Transportation’s (DOT) emergency rule affecting undocumented commercial drivers. This lawsuit represents a response to the administration’s attempts to remove these drivers from the roads, especially following a number of serious accidents.
AFT President Randi Weingarten stated, “For the Trump administration, brutality is what matters. This is a mean and illegal rule issued with no justification other than to hurt hundreds of thousands of legal immigrants with work permits who want nothing more than to build a better life for themselves and their families.”
In September, DOT Secretary Sean Duffy announced that noncitizens seeking a commercial driver’s license (CDL) without a state residence would have to pass a federal immigration status test and secure an employment-based visa. This new requirement could impact around 200,000 individuals holding CDLs who are not legally residing in the U.S.
A spokesperson from the DOT has not yet responded regarding the recent lawsuit.
Non-domiciled CDLs are typically issued to drivers who do not reside in the state where they obtained their license, mostly affecting foreign nationals. These often include individuals who lack U.S. citizenship or green cards.
The emergency rule is a reaction to an increase in significant accidents involving undocumented truck drivers. Notably, in August, a driver was charged with making an illegal U-turn on a major highway in Florida, resulting in a crash that claimed three lives. Investigations revealed the driver was undocumented, had limited English skills, and could not recognize basic road signs.
During his announcement, Duffy also noted an ongoing investigation by the Federal Motor Carrier Safety Administration (FMCSA), which indicated illegal practices in granting licenses to foreign drivers.
Recently, Immigration and Customs Enforcement (ICE) agents, in coordination with the Oklahoma Highway Patrol, apprehended over 90 undocumented immigrants driving commercial vehicles in a three-day operation. Altogether, around 120 individuals were detained for various immigration infractions.
This administration has also tightened English proficiency requirements for truck drivers earlier this year. While truckers argue the goal was to enhance highway safety, some industry experts suggest that stricter CDL regulations have, in some cases, improved earnings for U.S. truckers.
Both the AFT and AFSCME unions backed Kamala Harris during the 2024 presidential election and have supported Democratic candidates like Joe Biden in 2020 and Hillary Clinton in 2016.
These unions maintain that the present crackdown on non-resident CDL holders undermines the livelihoods of asylum seekers and migrant truck drivers. Their petition for review is now with the U.S. Court of Appeals for the D.C. Circuit.
