By Jill McLaughlin

The U.S. Department of Transportation will withhold $73.5 million in federal funding from New York for failing to revoke illegally issued commercial learner’s permits and commercial driver’s licenses to foreign nationals, Transportation Secretary Sean Duffy announced April 16.

“I promised the American people I would hold any state leader accountable for failing to keep them safe from unvetted, unqualified foreign drivers,” Duffy said in a statement. “My message to New York’s far left leadership is clear: families must be prioritized on American roads.”

An audit performed last year by the Federal Motor Carrier Safety Administration (FMCSA) within the Transportation Department found that more than half of New York’s commercial driver’s licenses issued to “non-domiciled” drivers, who are people not living in the state or are non-citizens, were issued illegally.

The state’s department of motor vehicles systems also defaulted to issuing eight-year licenses to foreign drivers for non-REAL ID licenses, regardless of when their legal status expired, according to the Transportation Department.

“FMCSA’s mission is safety,” said Derek Barrs, the agency’s administrator. “That means ensuring that every commercial driver on the road is properly vetted and qualified. New York’s continued refusal to fix these failures undermines that mission, and we will not allow federal dollars to support a system that falls short of the law.”

Following the audit, FMCSA notified the state that it had failed to complete required corrective actions, including the immediate revocation of all illegally issued commercial driving permits and licenses.

The state allegedly refused to remove the drivers from the road, prompting the agency to issue a final determination of noncompliance and withhold the funding, according to Duffy’s office.

The funds represent 4 percent of New York’s National Highway Performance Program and Surface Transportation Program Block Grant funds, according to the Transportation Department.

New York Gov. Kathy Hochul’s office and the New York Department of Transportation did not return after-hours requests for comment about the loss of funding.

New York is one of a handful of states targeted by the federal transportation agency after foreign nationals who had obtained commercial driver’s licenses in those states killed multiple people while driving big rigs last year.

In February, Duffy issued a final rule to stop unqualified foreign drivers from obtaining licenses to drive commercial trucks and buses, stating that they are a “significant safety threat to the driving public.”

“These reforms will address safety concerns by preventing foreign drivers who have not been subject to consular and interagency screening from receiving a commercial driver’s license,” the rule states.

Motorists drive through the Peace Bridge port of entry in Buffalo, N.Y., on May 23, 2023. The Canadian Press/Cole Burston

The state is unable to access driving records of foreigners and illegal immigrants, according to the U.S. Department of Transportation. That loophole has allowed people with dangerous driving histories to obtain trucking licenses by simply presenting an employment authorization document, which does not screen for transportation safety.