Blue states seek to stop DHS from accessing commercial driver's license database
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In a court filing, a coalition of Democrat-led states says the Department of Homeland Security’s demand for trucker data is part of a broader effort to create a “nationwide surveillance system.”
A group of 22 states is asking a federal court to invalidate a subpoena that would give the Department of Homeland Security access to about 17 million commercial driver's license records.
The coalition argues DHS has no legal authority to demand the truck drivers’ license records and would jeopardize drivers’ privacy if they receive them, according to a lawsuit filed Thursday. The group also alleges the demand is part of a pattern of DHS seeking personally identifiable records to build a “nationwide surveillance system.”
“Once again, the Trump administration is trying to unlawfully seize Marylanders' personal data with no legitimate purpose, no safeguards to protect it, and no warning to the public or consultation with the states,” said Maryland Attorney General Anthony Brown in a press release.
The administration previously sought to turn over Medicaid, Supplemental Nutrition Assistance Program and other state data to immigration enforcement authorities.
The federal government is seeking data going back five years from the Commercial Drivers’ License Information System, or CDLIS — including names, dates of birth, license numbers and Social Security numbers — according to the lawsuit filed in the District Court for the Eastern District of Virginia.
The Federal Motor Carrier Safety Administration, or FMCSA, first asked the American Association of Motor Vehicle Administrators, or AAMVA, for the commercial drivers’ data on June 25, the lawsuit says. The AAMVA raised concerns with the request in a June 30 letter, noting that the FMCSA is not entitled to CDLIS records and it must adhere to U.S. privacy laws.
At an in-person July 23 meeting, FMCSA allegedly threatened to withhold all of AAMVA’s federal grants and contracts and file litigation if it did not inform the Department of Transportation by the next day whether it would hand over CDLIS records, the lawsuit says. The next day, the association told FMCSA it would disclose requested information by or around August 17, the filing continued.
But several days later, DHS served a subpoena asking for the same CDLIS records as FMCSA. That subpoena was withdrawn, but a new one was issued on Tuesday and gave AAMVA until this Monday to respond, according to a court filing.
On Friday, a federal judge ordered an administrative stay, punting the deadline for AAMVA to respond to DHS’ demand to an unknown date. The judge also scheduled a hearing on whether to invalidate the subpoena for this coming Thursday.
The latest subpoena implies DHS is seeking CDLIS data to investigate “illegal practices in commercial driver’s license schools” and conduct immigration enforcement.
DHS and AAMVA did not return requests for comments by publication.