CDL Records: FAIR Files Suit Against New York DMV

FAIR Sues New York DMV Over CDL Records Request

The Federation for American Immigration Reform has filed a lawsuit against the New York State Department of Motor Vehicles (DMV) and its commissioner, Mark J.F. Schroeder.

The lawsuit was filed on February 2, 2026. It was submitted to the New York Supreme Court in Albany County. FAIR says the agency failed to release public records tied to commercial driver’s licenses (CDLs).

According to FAIR, the records relate to the issuance of CDLs to illegal aliens and other non-citizens. The group says the information is required under New York’s Freedom of Information Law, or FOIL.

Lawsuit Claims DMV Failed to Follow FOIL Law

FAIR says the New York DMV did not respond to its FOIL request within the time allowed by law. The organization submitted the request on October 15, 2025.

Under state law, agencies must either release records, deny the request, or explain delays within specific deadlines. FAIR argues the DMV missed those deadlines more than once.

The lawsuit claims the lack of response amounts to a “constructive denial.” FAIR also filed an appeal in January 2026. The DMV did not respond to that appeal either.

Because of this, FAIR says it had no choice but to file suit.

What Records FAIR Requested

FAIR’s request focused on how New York issues and oversees CDLs. The request covered records from January 2022 through October 2025.

The group asked how often knowledge tests were given in languages other than English. It also requested pass and fail rates for those tests.

FAIR also asked for data on non-domiciled CDLs. These licenses are issued to drivers who do not live in the state where the CDL is issued.

The request included information on how many of those licenses were issued to U.S. citizens versus aliens. FAIR also asked for CDL skills test results for first-time applicants who tested in non-English languages.

In addition, the request sought records related to incomplete or unusual CDL applications.

Focus on Non-Domiciled CDL Oversight

A major part of the lawsuit centers on non-domiciled CDLs. FAIR says these licenses deserve close review.

According to FAIR, unclear or weak standards could allow drivers who do not meet federal rules to operate large commercial vehicles.

FAIR argues that the public has a right to know how these licenses are being issued. The group says transparency is key to road safety.

Part of a Larger National Investigation

The New York lawsuit is part of a wider effort by FAIR. The group launched a national investigation in October 2025.

That investigation followed several high-profile crashes involving illegal aliens operating commercial vehicles.

As part of the effort, FAIR submitted similar records requests to 15 states. Those states include California, Texas, Florida, Pennsylvania, and others.

FAIR says some states responded with detailed information. New York did not.

The organization says more lawsuits may be filed against other states that fail to comply.

FAIR Cites Safety and Cost Concerns

FAIR links the issue to public safety and insurance costs. The group says crashes involving unqualified drivers put lives at risk.

FAIR points to an August 2025 crash in Florida. That crash involved an illegal alien with a non-domiciled CDL. Three people were killed.

FAIR says incidents like this show why oversight matters.

“The American people deserve transparency on how state agencies are issuing CDLs to individuals who may not meet federal eligibility standards, especially when public safety is at stake,” said Dale Wilcox, FAIR’s executive director and general counsel. “This lawsuit against the New York DMV is a critical step in holding bureaucrats accountable and exposing practices that enable illegal aliens to operate heavy commercial vehicles on our roads. Our investigation reveals a troubling pattern of lax enforcement that not only violates federal law but also endangers lives and contributes to rising insurance costs for law-abiding citizens.”

Questions Raised About CDL Testing

FAIR’s investigation also raises questions about CDL testing methods. One concern involves the use of non-English tests.

Federal rules require CDL holders to read and speak English. Drivers must be able to understand road signs and communicate with law enforcement.

FAIR says multilingual testing may weaken those standards.

“Our team has been meticulously analyzing data from responsive states, and what we’re finding points to systemic issues in CDL issuance, including multilingual testing that may bypass English proficiency requirements and inadequate verification of immigration status,” said Mateo Forero, FAIR’s director of investigations. “New York’s refusal to disclose basic records hinders our ability to fully assess these risks. This suit will ensure we get the information needed to produce a comprehensive report and push for reforms that prioritize American safety and sovereignty.”

What FAIR Is Asking the Court to Do

FAIR is asking the court to order the New York DMV to release the requested records. The group is also seeking attorney’s fees and legal costs.

The lawsuit argues that the records are public and must be disclosed.

FAIR says the information will be used in an upcoming report. That report will examine CDL program weaknesses across multiple states.

Why This Matters to Trucking

The case could have wide effects on the trucking industry. CDL issuance rules affect drivers, carriers, and insurers.

If the court sides with FAIR, states may face more pressure to tighten CDL oversight. That could lead to changes in testing, verification, and license issuance.

For now, the case highlights growing scrutiny around who is allowed to operate commercial vehicles on U.S. roads.