<p class="wp-block-paragraph">A federal appeals court panel questioned New York officials regarding their attempt to unfreeze $73.5 million in federal highway funds that the Trump administration is withholding due to claims of noncompliance with the Department of Transportation’s (DOT) regulations on commercial driver’s licenses (CDLs) for noncitizens.</p>
<p class="wp-block-paragraph">The U.S. Court of Appeals for the 2nd Circuit heard arguments concerning New York’s challenge to the DOT’s April notice of final determination of substantial noncompliance, which stated that New York had failed to meet revised standards for noncitizen CDLs and had not addressed identified deficiencies. A key issue in the dispute is whether federal law mandates that the expiration date of noncitizen CDLs aligns with the end of the noncitizen’s work authorization, which New York officials contend is not specified in federal law.</p>
<p class="wp-block-paragraph">“Federal respondents have found the State of New York in substantial noncompliance for the first time in the 40-year history of the state’s commercial driver’s license program,” said Anthony Raduazo, a lawyer representing New York. He argued that this determination is based on a supposed failure to comply with a non-existent expiration rule for licenses issued to noncitizens, which is not documented in any federal statute or regulation and has never been enforced by federal authorities.</p>
<p class="wp-block-paragraph">Raduazo faced questions from the panel regarding whether the requirement was implied in federal law. He maintained that the DOT had not requested the state to monitor the status of CDLs or the immigration status of CDL holders, stating that the regulatory framework does not place the state Department of Motor Vehicles in the role of enforcing federal immigration law.</p>
<p class="wp-block-paragraph">Simon Jerome, a lawyer for the Justice Department representing the DOT, also encountered rigorous questioning from the judges about the DOT’s findings of noncompliance against New York. He referenced California’s ongoing lawsuit in federal court in Washington, D.C., as an example of another state contesting similar findings.</p>
<p class="wp-block-paragraph">The issue of commercial driver’s licenses for noncitizens has gained attention following several fatal accidents involving noncitizens who obtained licenses without meeting federal standards. The Trump administration has implemented stricter regulations for noncitizen CDLs, including requirements for language proficiency and verification of work authorization.</p>
<p class="wp-block-paragraph">In January, the DOT found California to be noncompliant and indicated it would withhold $160 million in federal funding for failing to revoke noncompliant CDLs. New York received a similar notice from the DOT in April.</p>
<p class="wp-block-paragraph">The appeals court panel did not disclose any indications of how they would rule or provide a timeline for their decision.</p>
<p class="wp-block-paragraph">The three-judge panel included U.S. Circuit Judges Alison Nathan and Sarah Merriam, both appointed by former President Joe Biden, and Matthew Schwartz, appointed by former President Donald Trump, who was confirmed to the 2nd Circuit earlier this year.</p>