Dive Brief:
- The U.S. Department of Transportation is threatening Pennsylvania with a hit to federal funding and decertification of the state’s commercial driver license program over alleged lapses in immigration enforcement.
- The preliminary finding says up to $75.5 million in funding is at risk for the state, demands that the state pause the issuance of new CDLs or commercial learner's permits, conduct an audit and void improperly issued licenses.
- The state has 30 days from the Nov. 19 letter to begin addressing the matter, which could include responding why it disputes those findings. The funding at risk would be for FY 2027, which begins Oct. 1, 2026.
Dive Insight:
The adverse preliminary findings come as the Trump administration issued tougher protocols in late September for verifying immigration status in states’ issuance and renewal of CDLs and commercial driver’s permits.
California, which disputed its preliminary findings in a similar federal review, later acknowledged that the state would revoke 17,000 non-domiciled CDL holders’ licenses and sent 60-day expiration notices, U.S. DOT said.
Notices have been issued to the 17,000 non-domiciled CDL holders that their license no longer meets federal requirements and will expire in 60 days.
Recently, U.S. Immigration and Customs Enforcement arrested a man on Nov. 9 in Kansas allegedly accused in Uzbekistan of terrorist involvement, U.S. authorities said. The 31-year-old received a CDL in Pennsylvania, according to the federal government.
According to the U.S. government, the lapses with Pennsylvania can come from “typographical errors committed by PennDOT employees,” the Federal Motor Carrier Safety Administration said in its preliminary finding letter.
“FMCSA found two records where PennDOT issued non-domiciled CDLs with expiration dates that exceeded the expiration date found on the driver's lawful presence document,” the letter said, regarding a sample the federal government made.
The agency also found “four transactions where PennDOT provided no evidence that it required non-domiciled drivers to comply with the standards for providing proof of lawful presence at the time of the transaction” and faults in record-keeping.
Earlier this month, a federal appeals court temporarily halted the new non-domiciled CDL rule amid a legal battle over the policy.
A Nov. 19 filing by the FMCSA called for the case to be put on hold as the agency accepts comments on the interim final rule. The government said it plans to issue a final rule based on feedback.