WASHINGTON, D.C. — New questions are being raised about who’s behind the wheel of some of the largest vehicles on New York roads — and whether their commercial driver licenses were issued legally.
A 2025 federal audit found one state improperly issued thousands of commercial driver’s licenses (CDL) to foreign drivers.
In December, the U.S. Department of Transportation announced the 2025 Federal Motor Carrier Safety Administration (FMCSA) review discovered New York State had been routinely issuing non-domiciled CDLs in violation of federal law.
A non-domiciled CDL is a U.S. DOT-compliant license issued by states to legally-present foreign nationals. But out of 200 records sampled in the federal audit of New York, FMCSA found more than 107 were found to be noncompliant — a failure rate of 53%.
“Over 50% is unbelievable,” said Mike Kucharski, co-owner and vice president of JKC Trucking. “If they have poor training or language barriers, it creates real risk not just for the industry but for Americans out on the road.”
To receive a non-domiciled CDL, Kucharski said aspiring truckers have to have proper identification, such as a green card or Social Security number. However, he added that in recent years, unqualified drivers have “slipped through the cracks” across the country.
“The problem is they’re giving these licenses to people that have expired work visas and don’t even have paperwork set up to get a green card or a Social Security number,” Kucharski said. “We need safe drivers. Professionalism and proper training are all non-negotiable.”
At the time, U.S. Transportation Secretary Sean Duffy called the findings in New York a “dereliction of duty” by state leadership. The administration gave New York 30 days to respond to enforcement action or risk losing millions in federal funding — and even the entire certification of the state’s CDL program.
By mid-April, Secretary Duffy announced the administration would withhold $73 million in federal highway funding from the Empire State until it complied.
“I understand why Secretary Duffy is taking this step, because New York is the most out of compliance of any state in America,” said Rep. Nick Langworthy, R-N.Y. “It’s about public safety, first and foremost.”
Langworthy recently sent a letter to Gov. Kathy Hochul, D-N.Y., urging the state to comply and avoid risking the vital highway funding.
“We can’t lose $73 million in federal money that the congressional delegation, as well as the administration, have worked to get towards New York,” Langworthy said.
But on April 24, Gov. Hochul and Attorney General Letitia James sued the administration, calling the funding freeze illegal and politically motivated.
“Once again, New York is facing devastating federal cuts for nothing more than political payback. Here’s the truth: New York has always followed federal rules when issuing CDLs, something even the previous Trump administration verified year after year,” Hochul said in a statement.
“The administration cannot promise funding to our state and then abruptly yank it away. By canceling this funding, the federal government is putting jobs and communities at risk. New Yorkers are counting on these investments, and we will not let the president jeopardize our communities’ safety. My office is taking this administration to court to ensure New York gets every dollar it is owed,” James said.
Federal officials warn that continued noncompliance could lead the administration to withhold another $147 million in highway funding grants for New York.
