Transportation Secretary Sean Duffy issued a warning on Friday that New York could forfeit $73 million in federal highway funds due to an audit revealing that a significant number of immigrant commercial driver’s licenses were issued improperly. Duffy criticized the state’s leadership and specifically cautioned Governor Kathy Hochul about the potential funds loss if she did not rescind the problematic licenses.
Federal investigators determined that New York’s DMV had a default policy of issuing eight-year commercial driver’s licenses (CDLs), even when the immigration documents were set to expire much earlier. Duffy referred to this as a “neglect of duty,” which, he argued, puts families in jeopardy on the highways. “More than half of the licenses we reviewed were not issued legally. This isn’t just an oversight; it’s a failure of responsibility by state leadership,” he stated during a Department of Transportation briefing.
His remarks followed a tragic bus crash in Tennessee that involved a Chinese national with a New York-issued non-domicile CDL; this individual reportedly fatally struck another truck driver while using his phone to watch a video, according to reports. Immigration officials have yet to share details about the immigration status of the individual identified as Huang Yisong, age 54.
“Just this week, a Chinese national driving a large bus was in a fatal crash in Tennessee, creating chaos on the roads,” Duffy mentioned in a social media update. “To make things worse, this driver had a non-domiciled CDL from New York and didn’t even speak English!”
An audit by the Federal Motor Carrier Safety Administration (FMCSA) identified serious issues with the Hochul Motor Vehicle Administration, such as:
- Out of 200 records reviewed, 107 were found to have been issued against federal law, resulting in a failure rate exceeding 53%.
- The DMV’s system would automatically issue eight-year licenses for non-REAL ID licenses, regardless of when a foreign driver’s legal residency ended.
- The state granted commercial licenses to foreign drivers without confirming their legal status in the United States.
Duffy insisted that “Governor Hochul needs to act immediately to nullify these unlawfully issued licenses. If the law is not followed, we will withdraw federal highway funding.”
DOT officials revealed that New York DMV representatives have conceded that their licensing system was set to default to an eight-year expiration for non-REAL ID CDLs, failing to consider the expiration of a foreign driver’s legal presence in the U.S. This systemic flaw allowed unauthorized long-term commercial driving privileges to foreign nationals.
In a letter spanning 20 pages directed to Governor Hochul and NYDMV Commissioner Mark Schroeder, FMCSA Secretary Derek Barrs outlined steps to avert the withholding of federal transportation funds:
- Cease the issuance of new, renewed, transferred, or upgraded non-domicile CDLs or Commercial Learner Permits (CLPs) immediately.
- Conduct a thorough internal audit to pinpoint all non-domicile licenses issued improperly.
- Rescind all current licenses that violate regulations and ensure that unqualified drivers are removed from the roads.
“The findings from the CDL Audit revealed that New York DMV’s processes were an unacceptable violation of federal regulations, undermining the state’s CDL program,” Barrs remarked. “New York must promptly conduct a complete audit of its CDL program and revoke all illegitimately issued licenses.”
States are required to respond to FMCSA’s recommendations within 30 days. DOT officials warned that failure to comply would lead to withholding federal funds, and there’s also the risk of decertifying the state’s entire CDL program.
