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Appeals court says US wrongly withheld highway funds to NY over immigrant licenses

David Robinson
Reporter · Friday, November 13, 2026 at 7:46 PM · 3 min read
Appeals court says US wrongly withheld highway funds to NY over immigrant licenses — Hershey Community news

NEW YORK (AP) — The U.S. Transportation Department wrongly decided to withhold nearly $74 million in highway money from New York state after it refused to revoke nearly 33,000 questionable commercial driver’s licenses for immigrants when an audit revealed problems last year, a federal appeals court said Friday. A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan concluded in a written decision that the Federal Motor Carrier Safety Administration, an arm of the Transportation Department, acted in a manner that was “arbitrary, capricious, or contrary to law” when it penalized New York. The appeals court said the state can't be faulted for failing to cancel licenses when a commercial driver lost legal status to stay in the United States because rules that would require a cancellation were not in place at the time. The driver's licenses pertain to commercial vehicles such as trucks, trailers, limousines and buses. The Transportation Department began enforcing existing English language requirements for truckers in the summer of 2025. Concerns about truck driver qualifications then took on more urgency after an August 2025 crash in Florida , when a truck driver was accused of performing an illegal U-turn that killed three people. Transportation Secretary Sean Duffy said that driver, who is from India, should never have been licensed in the first place. Audits conducted in every state uncovered numerous non-domiciled commercial driver’s licenses that remained valid long after an immigrant’s work permits had expired or were issued without properly verifying their citizenship status. Since then, about 26,000 drivers have been pulled off the road for failing to demonstrate English proficiency, and the Transportation Department said 30,000 commercial licenses were canceled because they were issued illegally.. New York Attorney General Letitia James complained when the lawsuit was filed in April that the federal government was unfairly holding back money the state needs to repair roads and bridges. New York Gov. Kathy Hochul in the spring called the federal cuts “devastating” and characterized them as “political payback.” Nonprofit local news isn't free! It takes reporters, editors, and resources to do this work right. Your donation keeps that work alive. MAKE YOUR DONATION TODAY Immigrants account for about 20% of all truck drivers while the non-domiciled licenses immigrants can receive represent about 5% of all commercial driver’s licenses or about 200,000 drivers. Immigrant groups have said they believe that many drivers are being unfairly targeted. The dispute came after Transportation Secretary Sean Duffy tightened rules governing when immigrants can obtain a commercial driver's license. Officials said they took actions against states like New York after learning that some licenses remained valid long after an immigrant was no longer authorized to be in the country. New York issued licenses valid for eight years regardless of how long a driver’s visa remained valid, authorities said. The Transportation Department had no immediate comment Friday. A message seeking comment from the New York attorney general's office was not immediately returned. AP Transportation Writer Josh Funk reported from Omaha, Nebraska. Donate now to support local nonprofit news in Lancaster County Newsletter Success! An email has been sent to with a link to confirm list signup. Error! There was an error processing your request. Breaking News Be the first to know breaking news, delivered only when a big story is developing. Please enter a valid email address. Sign up By opting into newsletters you are agreeing to our privacy policy . What to Read Next

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