New state bills would allow state police to seize and sell trucks operated by unauthorized aliens, put the motor carriers that hire them out-of-service, and impose fines of up to $50,000 for even hiring an illegal alien driver within the last year.
The state-level efforts, of course, come amid the federal government’s ongoing attempts to reign in non-domiciled CDL issuance and ensure English language proficiency for truck drivers in the U.S.
A bill introduced in Arizona, HB 2345, would make it a Class 5 felony for people in the U.S. illegally to possess a falsified CDL.
Under Arizona law, it is currently a Class 2 misdemeanor to knowingly possess or display a non-valid or fake CDL and to intentionally alter or forge driver license or identification license is a class 1 misdemeanor, elevated to a class 6 felony if serious physical injury results from a person possessing such a license.
The new legislation introduced Jan. 15 would step that up to a felony and require police to seize the vehicle for forfeiture if they discover someone in violation of this provision while operating a commercial motor vehicle.
If the violator is the owner of the truck, the truck would be sold at auction. Conversely, if the truck is owned by someone who knowingly employed the violator, the vehicle would be sold at auction and the employer would be required to pay a civil penalty equal to the fair market value of the seized vehicle.
Proceeds from the auction or civil penalties would be deposited into Arizona DOT’s Highway User Revenue Fund.
According to reporting from Arizona Mirror, the Arizona Trucking Association raised concerns over the legality of the legislation, with the group’s CEO Tony Bradley calling the bill “unworkable” due to a previous immigration enforcement ruling by the Supreme Court.
The legislation advanced out of the state’s House Judiciary Committee this week.
A separate bill in the Arizona Senate, SB 1511, looks to ensure only people lawfully present in the U.S. are operating commercial motor vehicles. The legislation would allow law enforcement to request evidence of lawful presence for a CMV operator, and that evidence “may not be a commercial driver license that is issued by another state or a foreign jurisdiction,” the text of the bill reads.
The bill would also allow police to impound a truck and its cargo if the person fails to provide evidence of lawful presence. Impoundment charges would be the responsibility of the vehicle owner.
[Related: $1M fine for carriers who hire illegal drivers: State bill]
More legislation in Florida looks to get ‘unauthorized aliens’ out of trucks
As reported earlier this month, Florida lawmakers introduced legislation that would require all pre-CDL tests and instruction be conducted in English and would make any company that hires "illegal aliens" pay "out-of-pocket for any injuries."
Now, separate legislation moving through the state legislature codifies that CMV drivers in the Sunshine State must be lawfully present in the U.S.; have a valid driver’s license; understand English; be able to read and follow road signs, rules, regulations, laws and directions; and be able to effectively communicate with law enforcement.
The new legislation, Senate Bill 86 and House Bill 1247, would then require a law enforcement officer who determines that an unauthorized alien is operating a CMV to take that person into custody and facilitate his or her transfer into federal immigration custody.
The truck operated by the unauthorized alien must then be impounded. The arresting officer would then be required to notify Florida Highway Patrol of the arrest and provide information for the issuance of an out-of-service order to the motor carrier that operated the truck.
Additionally, the motor carrier would be liable for a $50,000 civil penalty. The impounded vehicle, under terms of the bill, could not be released until the penalty is paid or bond is posted.
The bill would also allow Florida’s Office of Commercial Vehicle Enforcement to place motor carriers out-of-service and issue a $50,000 fine if, during an investigation, safety audit, or normal business activity, it’s discovered that the motor carrier within the last year allowed an unauthorized alien to operate a CMV.
In the Florida Senate, the bill was approved in the Transportation Committee by a 6-3 vote. It still must pass in the Criminal Justice and Fiscal Policy committees before advancing to a full senate vote. The bill in the Florida House has been referred to the Government Operations Subcommittee but has not received a vote.
[Related: Florida bill would force carriers that hire illegal aliens to pay for crash injuries]
