OLYMPIA, WA – Washington state was indirectly involved in an accident a little over two months ago on Florida’s Turnpike when illegal immigrant semi-truck driver Harjinder Singh made an unlawful U-turn, causing a horrific crash that killed three people.
On July 15th, 2023, Washington issued Singh a regular full-term commercial driver’s license. Asylum seekers or individuals without legal status are not eligible for this type of license.
“Washington State improperly issued the driver a full-term CDL,” Transportation Secretary Sean Duffy wrote on X on Aug. 19. “Asylum seekers or illegal aliens are NOT allowed to receive this,” adding that FMCSA will also investigate “California’s issuance of the driver’s CDL.”
FMCSA is the Federal Motor Carrier Safety Administration.
In the aftermath of that tragedy, several states are stepping up actions to ensure that truck drivers operating big rigs have obtained their commercial driver’s licenses legally and are in the country legally.
On Monday, Sen. Cynthia Lummis, R-Wyoming, said she would introduce legislation to add more stringent English proficiency rules for commercial truck drivers, such that they can have a conversation in English and understand highway traffic signs and signals.
The Center Square reached out to the Washington Department of Licensing and the Washington State Patrol to inquire about the changes the state has made or is making to ensure truck drivers are legally licensed.
“Washington state is currently working on compliance and is not conducting non-domicile CDL transactions at this time,” DOL spokesperson Nathan Olson emailed The Center Square.
Olson wrote that on Sept. 29, FMCSA announced new rules for issuing non-domicile CDLs.
The new rules restrict eligibility to specific visa holders, require more rigorous verification using the SAVE system, and limit the term of the license. These interim final rules, effective immediately, require applicants to be present in person for renewals and no longer accept an Employment Authorization Document alone, with non-compliant states required to pause issuance immediately
“To comply with the new Federal Motor Carrier Safety Administration (FMCSA) rules, all states that issue non-domicile CDLs are examining their existing procedures and processes in issuing those credentials,” Olson continued.
He added that the DOL is working with FMCSA to review current CDL holders.
“Until the rule change, a number of documents were allowed to get a non-domicile CDL, including work visas and an Employee Authorization Document,” Olson continued. “DOL did require applicants to provide proof of their legal status under those rules. The rule change only allows H-2A, H-2B, and E-2 visas to be used.”
The Center Square also reached out to the Washington State Patrol for comment on this issue.
“Just spoke to the head of our Commercial Vehicle Enforcement. He said we have had conversations with multiple parties, including federal agencies, about these general issues, but are not conducting any unique truck stop operations, etc., as a result,” WSP spokesperson Chris Loftis said in an email. “Of course, we check for licenses with every contact, be it weight stations, inspections, or regular enforcement. Fraudulent license issues are squarely in the DOL lane of responsibility, and WSP refers any question or suspicions to them to resolve.”
