After a deadly crash in August on Florida’s Turnpike, state Attorney General James Uthmeier is asking the U.S. Supreme Court to prevent California and Washington from issuing licenses to commercial truck drivers who are not in the country legally.
A lawsuit released Thursday by Uthmeier’s office alleges that California and Washington have not complied with federal safety and immigration-status requirements in issuing commercial driver’s licenses. It contends California and Washington “chose to ignore these standards and authorize illegal immigrants without proper training or the ability to read road signs to drive commercial motor vehicles.”
“California’s and Washington’s decision to endanger their own citizens is reprehensible,” the lawsuit said. “But commercial drivers routinely cross state lines, endangering citizens of other states.”
The issue of undocumented truck drivers has drawn national attention since semi-tractor trailer driver Harjinder Singh, a native of India, was arrested in August after a crash that allegedly stemmed from him attempting a U-Turn on the turnpike in St. Lucie County. The crash resulted in three deaths.
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Uthmeier’s lawsuit said Singh was in the country illegally and had received licenses in California and Washington.
In August, U.S. Department of Transportation Secretary Sean Duffy said California, Washington and New Mexico would lose federal money if they did not enforce English-language proficiency requirements for commercial truck drivers. On Wednesday, he announced withholding about $40 million from California because of the issue.
“California is the only state in the nation that refuses to ensure big rig drivers can read our road signs and communicate with law enforcement,” Duffy said in a prepared statement. “This is a fundamental safety issue that impacts you and your family on America’s road.”
The move came amid high-profile disputes between the Trump administration and California Democratic Gov. Gavin Newsom about immigration-enforcement issues.
Procedurally, Florida needs approval from the Supreme Court to file the lawsuit, which isn’t taking the usual route of going through lower courts. In what is known as a “motion for leave to file a bill of complaint,” lawyers in Uthmeier’s office wrote that the state’s “claims arise under the United States Constitution; its claims are serious and dignified; and there is no alternative forum to provide adequate relief.”
The lawsuit contends that federal requirements preempt California and Washington laws that have prevented inquiring about the immigration status of people seeking commercial driver’s licenses. Also, the lawsuit alleges that “California’s and Washington’s negligence and willful disregard of federal licensing standards pose an actionable public nuisance.”
In part, the lawsuit seeks injunctions “ordering California and Washington and their agents to cease the issuance of commercial learner’s permits and CDLs (commercial driver’s licenses) to applicants who are not United States citizens or lawful permanent residents.”
