States sue Trump administration over bid to access 17 million CDL records

The legal challenge comes as AAMVA reportedly indicated it would comply with the federal government’s demand absent court intervention, prompting the states to seek an emergency order blocking the transfer of the records.

“The Commercial Driver’s License database helps states ensure they’re licensing drivers that meet essential safety criteria, including being medically fit, possessing a safe driving record, and other standards used to maintain safe roads,” Massachusetts Attorney General Andrea Joy Campbell said in a news release.

“The Trump Administration does not have the authority to use this state-owned database for unnecessary purposes and put the sensitive data of Massachusetts drivers at risk.”

Coalition alleges privacy violations

The lawsuits contend that DOT, FMCSA and DHS are violating multiple federal privacy laws by creating a separate federal database using information obtained from CDLIS without public notice or safeguards governing how the information would be used, shared or protected.

The coalition also argues the administration violated the Administrative Procedure Act by failing to consult with states before seeking the records and by lacking a legitimate need for the data.
New York Attorney General Letitia James said the administration is attempting to seize confidential state records without legal authority.

“The Trump administration is attempting to seize confidential state records without any lawful justification,” James said in a statement. “New Yorkers provide their personal information to the state with the expectation that it will be protected, not handed over to anyone who demands it.”

Delaware Attorney General Kathy Jennings said the dispute extends beyond commercial driver licensing and into broader questions of privacy and federal authority.

“The president is jeopardizing millions of working class Americans’ privacy in service of an unrelated immigration agenda,” Jennings said.

What is CDLIS?

Congress established CDLIS in 1986 as a state-to-state information-sharing system designed to help licensing agencies determine whether CDL applicants are already licensed elsewhere and whether they meet federal qualification standards. Since 1988, AAMVA has operated the system under contract with the Department of Transportation.

State licensing agencies use CDLIS to verify a driver’s identity, medical fitness, immigration status and driving history before issuing or renewing a CDL. Records in the system contain personally identifiable information, including names, dates of birth, Social Security numbers, driver’s license numbers and state licensing information.

The states said that CDLIS was created as a tool for state licensing agencies, not as a federal repository of commercial driver information. According to the complaints, federal officials have never before sought access to the entire database.

New York officials said disruption of the CDLIS system could affect nearly 500,000 CDL holders in the state and approximately 20,000 commercial learner’s permit holders, while also complicating efforts to verify driver qualifications and maintain highway safety.

States seek emergency relief

The coalition is asking the court to declare the federal demands unlawful, block the administration from obtaining the records and prevent AAMVA from turning over the information while the litigation proceeds. 

The lawsuits allege violations of the Driver’s Privacy Protection Act, the Privacy Act, the Administrative Procedure Act and constitutional limits on federal spending authority.

The coalition includes attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Virginia, Washington, Wisconsin and the District of Columbia, along with the state of Pennsylvania. Minnesota joined one of the related legal actions involving DHS.

Why it matters: The outcome of the lawsuits could determine whether the federal government gains access to a database containing the personal information of 17 million commercial drivers and could reshape the balance of authority between states and federal agencies over CDL records and driver privacy.