California files emergency motion as non-domiciled CDL revocation date approaches

California is accusing federal regulators of “moving the goal posts” on non-domiciled CDL revocation in an emergency motion, while a state judge simultaneously rules that the licenses must be returned to the drivers. 

Approximately 20,000 non-domiciled Commercial Drivers Licenses in California are set to be cancelled on March 6th. These licenses are scheduled for revocation over a clerical error regarding expiration dates issued by California. The licenses were initially set to expire on January 5th, but California pushed the date back to March after multiple lawsuits were filed in the state by several groups representing foreign truck drivers. As a result of the revocation delay, The US Department of Transportation has withheld nearly $160 million in federal funding from the state, stating that California did not have permission to delay the cancellation date. 

In addition to the non-domiciled CDL revocation caused by a clerical error, a new federal rule that bans almost all noncitizens from obtaining CDLs will go into effect on March 16th. The only exceptions are seasonal agricultural workers with H2A or H2B visas, or significant investors in American business with E2 visas, and all are required to undergo vigorous vetting under the new rules. 

Now, the state of California has filed an emergency motion accusing the federal government of “moving the goal posts” on the reinstatement of these non-domiciled CDLs. The emergency motion claims that federal regulators “never intended” for the California DMV to “reissue licenses to eligible drivers at all.” The motion was filed last week and urges a Washington DC judge to intervene in the situation, reported the San Francisco Chronicle.

“Its [the federal government’s] actions make sense only as a manifestation of hostility to immigrant drivers and a desire to force them from the commercial market,” said the state’s motion, filed on February 18th. 

California argues that it has made changes that would fix the expiration dates and has been ready to reissue the non-domiciled CDLs since December, but the federal government keeps changing its standards. California would face losing its ability to issue CDLs at all if it does not comply with the federal government. 

“DMV has attempted to navigate this dilemma to avoid either outcome,” the state wrote in the court filing. “Unfortunately, (regulators) have refused to engage with DMV in good faith.”

“There’s a potentially very limited window for DMV to fix this problem and to actually reissue licenses before that final rule is scheduled to take effect and to ensure that people are not deprived of livelihoods,” said Josh Rosenthal, an attorney with the Asian Law Caucus representing the drivers.

According to CalMatters, on Wednesday, a Bay Area judge made a tentative ruling  in Alameda County Superior Court, stating that the approximately 20,000 immigrant drivers will be able to keep their licenses. This ruling was in response to lawsuits brought against the California DMV. However, if California follows the tentative ruling, they will not be in compliance with the federal government. 

Later this week, the judge will issue a final ruling. Attorneys representing California say they will then outline a process allowing drivers to keep their non-domiciled CDLs, while keeping the state in compliance with federal demands.