New York and New Jersey's attorneys general have joined a multistate coalition suing to stop the Trump administration from accessing the personal information of 17 million commercial drivers nationwide, including hundreds of thousands across both states. The dust-up could already have implications for your commute or child’s school bus trip.

The lawsuit seeks to keep the federal government from seizing records including the names, dates of birth, and Social Security numbers of commercial driver's license holders. The administration has threatened to eliminate federal funding for the nationwide database that contains the information, unless the records are turned over by Aug. 17.

The sprawling tussle — the legal action was joined by 21 largely Democratic-controlled states and the District of Columbia — raises legal questions about data privacy and control over the database, which New York alone queries some 30,000 times a day. But the plaintiffs also allege the administration hasn’t been candid about why it wants the data; they further charge the real aim is to use the information for immigration enforcement.

The Federal Motor Carrier Safety Administration, an arm of the Department of Transportation, “in fact intends to share the data with the [Department of Homeland Security] for immigration enforcement purposes,” according to the complaint. “That agency could take action against the States and their residents — including initiating immigration enforcement proceedings — based on that data, again even if the data is incomplete or erroneous.”

In a brief statement late Friday, DHS said the administration is targeting dangerous “illegal aliens” whom it says don’t know traffic laws or English, and criticized politicians who allow dangerous drivers on the road.

The federal government starting in September a year ago began threatening to withhold highway funds to states that refused to stop issuing commercial licenses to many noncitizen applicants. The Trump administration said new restrictions were warranted in response to accidents DOT Secretary Sean Duffy blamed on “foreign drivers.”

New York state followed by pausing the “non-domiciled” program, which allowed drivers who do not live in the state, including immigrants legally present in the United States, to obtain commercial licenses. While legal challenges continue, New York labor and other officials have said the dispute could potentially sideline hundreds of thousands of immigrant drivers, including those driving MTA vehicles and school buses. Some foreign drivers have already been barred from renewing their commercial licenses.

In the meantime, the plaintiff states are trying to keep the CDL data out of reach.

“The chilling effect of the transfer of data is particularly acute for some individuals who are concerned in general about disclosing their personal information to the federal government, such as noncitizens who are legally present in the United States and lawfully qualified to obtain a CDL, or individuals who are part of mixed-status immigration families,” the complaint states.

Letitia James, the New York attorney general, said the state has received no assurances the data sought by the administration would be kept confidential. She said the federal government’s actions could worsen existing shortages of commercial drivers.
“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.”

The lawsuit, filed in a federal district court in Virginia, asks a judge to declare the federal government’s data demands unlawful, block the government from obtaining the states’ records, and to prevent the American Association of Motor Vehicle Administrators from turning over the information while litigation continues. The database is owned by the states and operated by the AAMVA.

Arya Sundaram contributed reporting.