Undocumented truck drivers face tough new state crackdowns
State lawmakers all over the country are turning up the heat on undocumented truck drivers.
New bills are getting tough on English skills, non-domiciled CDLs and who should even be allowed to hold a commercial license in the first place.
The push didn’t come out of nowhere. Washington, D.C., kicked things off.
Last summer, U.S. Transportation Secretary Sean Duffy warned states they could lose federal cash if they ignored English rules for truckers. In January, the U.S. DOT ripped $160 million away from California due to issues with non-domiciled CDLs. North Carolina got a warning, too.
Congress is piling on. Bills in the U.S. House and Senate address the same issues.
The crackdown traces back to a deadly crash last August on the Florida Turnpike. A truck driver tried to pull an illegal U-turn and struck a van, killing three people.
After the wreck, FMCSA officials tested the driver and found he failed an English-proficiency check.
Florida
Florida lawmakers were some of the first to jump on the issue.
The House Transportation Committee voted to push ahead a bill that would require police to take undocumented truck drivers into custody.
The bill, S86, is backed by Sen. Don Gaetz, R-Crestview. It would force officers to turn undocumented drivers over to immigration officials.
“Last August, an illegal alien, who could not understand road signs or traffic laws, and didn’t know how to drive a commercial vehicle, swerved his 18-wheeler into a family’s car. He killed three Floridians. Sadly, there are more cases,” Gaetz told lawmakers.
He said S86 treats undocumented truck driving as an immediate threat to public safety.
Under the bill, any truck driven by an undocumented driver could be impounded. The truck’s owner would also get hit with a $50,000 fine.
Any motor carrier that owns, leases or operates a truck driven by an undocumented driver would be barred from operating in Florida.
Gaetz said the out-of-service order would stay in place until the violations are fixed and all fines are paid.
“The purpose of the bill is to remove imminent hazards from our highways and to discourage and penalize those who would use illegals to operate a commercial vehicle on Florida roads,” Gaetz said.
The bill would also require truck drivers to have a valid CDL and be able to read, understand and speak English. They must also be able to communicate with law enforcement.
The bill now waits for its next stop in the Senate.
Tennessee
Tennessee is cracking down on who can hold a CDL with two sharp bills.
The state is already telling thousands of truck drivers to show up in person to prove they’re U.S. citizens or legal permanent residents.
HB1706/SB1587 would make it a Class A misdemeanor for anyone in the country illegally to drive a commercial vehicle in Tennessee. It would also punish anyone who knowingly lets an undocumented driver get behind the wheel.
Rep. Jason Zachary, R-Knoxville, said the bills target states that hand out CDLs to illegal immigrants.
“This critical legislation puts the Volunteer State first and sends the message that we value the rule of law and the safety and well-being of all residents,” Zachary said.
Under the bills, police would be required to alert federal immigration officials after arresting someone for breaking the rules.
Employers who knowingly let illegal immigrants behind the wheel could be held liable if anyone is injured or property is damaged. Even state officials or employees who issued a CDL to an illegal immigrant could face lawsuits.
The Tennessee Attorney General would also be able to go after employers and state workers who break the law.
Both truck driver bills are in committee.
Oklahoma
An Oklahoma bill is zeroing in on the same problem.
Like Florida’s S86, the Sooner State bill would require police to take a truck driver into custody if they’re found to be an unauthorized migrant. Officers would then turn them over to federal authorities.
Any truck driven by an unauthorized migrant could be impounded. To get it back, the owner would have to cough up a $50,000 fine.
The bill, HB3563, doesn’t stop there. Any trucking company tied to the vehicle financially would be banned from operating in Oklahoma.
Another Oklahoma bill is cracking down on who can hold a CDL.
SB1243 would make sure all truck drivers in the state are either U.S. citizens or legally in the country.
Before handing out a CDL, the state would check an applicant’s legal status. If the state can’t confirm it, the applicant would be notified.
Non-U.S. citizens would have to prove they’re legally allowed to be in the country.
New CDLs would also come with a marker. The marker would show whether the driver is a U.S. citizen or a legally present noncitizen.
Arizona
In Arizona, the House Judiciary Committee pushed a bill cracking down hard on CDLs.
Rep. David Livingston, R-Peoria, is backing HB2345. The bill puts fake CDLs in the crosshairs. Hold or use one, and you’re staring down felony charges.
Police would be able to seize the truck and kick off the forfeiture process.
If an employer knowingly lets an unauthorized driver take the wheel, that rig could be auctioned off. Want it back? Pay a penalty equal to the truck’s full market value – no excuses.
HB2345 is waiting for its next showdown in the House.
Meanwhile, the Senate isn’t holding back either.
SB1511 targets anyone trying to drive a truck in Arizona without proof they’re legally in the U.S.
Police could demand proof during a stop. It wouldn’t have to be a CDL from another state or a foreign license – just valid proof of lawful presence.
If a truck driver can’t provide proof, police can seize the truck and its cargo. Both would stay impounded until all tickets and charges are cleared.
And the truck owner? They’re on the hook for every penny of the impound fees. No shortcuts, no loopholes.
The bill awaits consideration in a Senate committee.
Kentucky
A Kentucky lawmaker is going after workers’ citizenship status with a pair of bills.
Rep. John Hodgson, R-Fisherville, is pushing HB70. The bill would slap every new or renewed CDL with a clear label showing the driver’s legal status.
The marker would show whether the driver is a U.S. citizen or a non citizen legally allowed in the country.
The truck driver bill is awaiting a hearing in the House Transportation Committee.
Hodgson isn’t stopping there. He’s also backing HB62. It is a bigger hammer aimed at illegal employment.
The bill would make it flat-out illegal for anyone in the country unlawfully to apply for a job. It also spells out exactly who counts as an “unauthorized alien.”
“Persons who are in the United States illegally should not be seeking employment and displacing American citizens and legal immigrants from job opportunities,” Hodgson said. “They need to go back to their home country until they can enter the U.S. legally for work.”
HB62 is also sitting in committee.
Illinois
Illinois is taking aim at who can drive trucks.
A new bill would block non-U.S. citizens from getting or renewing any driver’s license or permit. Only U.S. citizens could qualify for a commercial learner’s permit.
Rep. Adam Niemerg, R-Dieterich, said HB1484 would “prohibit lawfully permanent residents or foreign domiciled persons from applying for a commercial learner’s permit.”
The bill also cranks up English requirements. Drivers would have to prove they can read and write in English before getting behind the wheel.
HB1484 is sitting in committee. LL