Under pressure from federal agencies, the California Department of Motor Vehicles (DMV) sent letters to some commercial driver’s license (CDL) holders last week, demanding that they provide valid identification within 60 days before their commercial driver’s licenses expire. Failure to comply will result in the suspension of both their commercial and non-commercial driver’s licenses.
After multiple rounds of clashes between the Federal Motor Carrier Safety Administration (FMCSA) and the California DMV, California seems to be taking corrective measures under the threat of federal funding withdrawal from the Department of Transportation.
California has initiated a comprehensive audit to review the 655,000 CDL and CLP holders who are non-residents of the state. “Some technical defects” were found and corrective actions have been taken, with California emphasizing that these actions generally comply with federal requirements.
Mr. Li, who works in the trucking industry in Los Angeles, also received a notification letter. He has obtained legal residency in the United States and recently obtained his truck driver’s license. He has noticed an increasing demand for truck drivers, starting from strict scrutiny of English proficiency to now examining their identities.
Mr. Li believes that the impact of the major truck accident caused by an illegal immigrant driver on Highway 10 last month, combined with the strict inspections of illegal immigrants this year, has led to a severe shortage of truck drivers in the Los Angeles freight market. “From what I understand, due to the lack of suitable drivers, many Chinese truck companies have a large number of idle trucks,” said Mr. Li. These days, only drivers with C8 work permits dare to hit the road, as others fear being arrested by ICE. C8 work permits refer to employment permits held by asylum seekers with pending cases.
Mr. Chen, a former truck dispatcher, has witnessed some of his past driver friends switching careers to work in warehouses or restaurants, while others have focused their businesses on short-haul routes. This shift has made it challenging for transportation companies to find truck drivers.
Mr. Li notes that the requirements for truck drivers have become more stringent, as they must be citizens, green card holders, or holders of specific visa types. In California, the majority of truck drivers are immigrants. According to CBS reports, a freight company owner in the Bay Area stated that for port operations, 90% of the drivers are immigrants, with most of them legally residing in the country, and some spending many years to obtain legal status.
With a decrease in truck drivers, prices in the freight market are expected to rise. Mr. Li mentioned that a regular trip that used to cost $1,000 may now be priced at $3,000. With a surge in freight volume, they find it increasingly difficult to fulfill delivery tasks. Truck driver training schools are also affected by these changes.
Several serious accidents involving non-US resident CDL holders, including two undocumented immigrant big rig drivers in California, resulting in multiple fatalities, have put undocumented big rig drivers under federal law enforcement scrutiny.
In September, the FMCSA issued an emergency regulation restricting non-local residents from applying for commercial driver’s licenses, with exceptions for agricultural workers, technical or non-technical laborers, and holders of investment visas (H-2a, H-2b, or E-2). However, the regulation was temporarily halted by the U.S. Court of Appeals for the District of Columbia on Monday, November 10.
Legal challenges were raised by entities such as the American Federation of State, County, and Municipal Employees (AFSCME) and the American Federation of Teachers (AFT) against the FMCSA’s executive order. Lawsuits claimed that the emergency regulation threatened the jobs of 200,000 people.
The court stated that the suspension of the executive order was intended to allow sufficient time for the court to consider and review the emergency motion, rather than making a substantive decision on the motion’s content.
As a “Sanctuary State,” California’s lenient stance towards immigrants has led to a large number of non-residents holding CDLs or commercial driver’s learning permits (CLP). U.S. Secretary of Transportation, Sean Duffy, pointed out that auditors found California issuing CDLs and CLPs to drivers who are ineligible, as well as to drivers whose driving licenses exceeded their legal residency expiration. Non-resident commercial driver’s license holders in California account for 25%. ◇