Immigrant truck drivers were supposed to get their licenses back. Why California’s DMV is stalling

Thousands of immigrant California truck drivers are in legal limbo after the Trump administration ordered the state to revoke their licenses earlier this year. Many are now out of work and unable to support their families.

Multiple lawsuits seek to restore the commercial driving licenses, otherwise known as trucking licenses, but so far, none of the cases have succeeded in keeping those drivers on the road.

As many as 61,000 California truck drivers will lose their licenses in the coming years as a result of the federal actions, representing between 5% and 10% of the state’s licenseholders. Roughly 13,000 drivers have already lost their licenses, which industry experts say could raise shipping costs across the state.

Many of the affected drivers are asylum seekers or those with Deferred Action for Childhood Arrivals status. They have the legal right to live and work in the U.S. but the Trump administration has alleged, without rigorous data, that these truckers drive more dangerously than U.S. citizens or immigrants with more permanent status, such as green card holders. To justify its crackdown, the federal government cited a few fatal crashes last year involving Punjabi truck drivers, including one in Ontario in October that killed three people.

For affected immigrant drivers, the loss of their trucking licenses puts their livelihoods in jeopardy.

One, whose last name is Singh, has two kids and lives in the San Francisco Bay Area. For years he was rarely home as a long-haul truck driver carrying freight across the country. CalMatters agreed not to use his first name because he fears immigration officials will target him.

Singh is legally able to live and work in the U.S. because a judge approved his asylum case. He applied for a green card three years ago, but it has yet to arrive. If it had, he would be exempt from the federal enforcement actions and policies.

As an independent contractor, Singh contracts with companies to deliver goods, making between $11,000 and $16,000 a month. But expenses are high. Four years ago, he bought his own truck for $160,000 and he has monthly $3,000 loan payments, plus $1,500 a month in insurance.

Because of the new enforcement actions, Singh lost his commercial license on March 6 and is no longer able to drive his truck. The California DMV issued him a temporary license that allows him to drive a car, but that license is inadequate as a form of ID, said Singh, since many employers don’t recognize its validity. The temporary license isn’t a hard copy and doesn’t have a photo.

Singh said his wife has started working as a nanny while Singh searches for a job.

“What kind of job is going to pay off the rent and all these payments?” he said during a phone interview with CalMatters while his kids, ages 4 and 8, yelled for him in the background.

A year-long wait for resolution

In September, the Trump administration criticized the California DMV for giving commercial licenses with expiration dates that didn’t align with the dates of drivers’ work permits. The federal government then ordered California to rescind thousands of trucking licenses for certain non-citizens and created a new policy banning such immigrant drivers from obtaining licenses in the future. Gov. Gavin Newsom said the accusations were unfair or false but the state ultimately complied.

In February, an Alameda County Superior Court judge ordered the state to give drivers such as Singh a chance to restore their licenses after a law firm and two legal advocacy groups, the Asian Law Caucus and the Sikh Coalition, sued on behalf of the truckers.

But California has yet to reissue a single one of the 13,000 licenses it rescinded.

“The court ruled that DMV must accept new applications and act on those applications within a ‘reasonable time frame,’” a DMV spokesperson, Jonathan Groveman, told CalMatters in an email. The DMV has told Singh and other affected drivers that they can reapply for their licenses and that the DMV will take up to a year to process them. Even then, the DMV told the Alameda County Superior Court judge that it may not be able to make a decision on the licenses.

The DMV is delaying because it is under pressure from the U.S. Department of Transportation, which has threatened to punish California if it issues commercial licenses to these immigrants. Transportation Secretary Sean Duffy already said he will withhold roughly $160 million in federal highway funds from the state over its previous handling of the trucking licenses. He also said if the state reissues the licenses, the transportation department would consider more severe actions, including revoking the state’s ability to issue trucking licenses entirely.

The California DMV sued the transportation department in February in response to the threats. Other lawsuits, including a Washington, D.C. case, could reverse some of the policies affecting California’s immigrant drivers, but they are still pending.

In March, Singh called his bank to ask about a deferment for the loan payments on his truck while he waits for a decision about restoring his license. He said the bank was familiar with his situation because it had received a number of similar calls that week from other truck drivers. It denied his request, he said.

On April 2, the Alameda judge held another hearing, seeking an update on the DMV’s attempts to restore the licenses. The state said that it is still sorting out its feud with the Trump administration and is awaiting the status of related legal developments, which could take months. The judge agreed to discuss the matter again in October.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.