NJ fights Trump demand for personal data of 17 million truckers
⚠️ New Jersey is suing over a federal demand for records on 17 million CDL holders.
➡️ The database includes Social Security numbers, birth dates and driver's license numbers.
🔴 States warn the demand could create a massive federal database of sensitive information.
TRENTON — New Jersey is going back to court against the Trump administration, this time over a federal demand for the personal information of roughly 17 million commercial drivers.
Attorney General Jennifer Davenport announced Thursday that New Jersey has joined 21 other states and Pennsylvania in filing two lawsuits challenging federal demands for records belonging to commercial driver's license holders.
The information sought includes drivers' names, dates of birth, driver's license numbers, states of record and Social Security numbers.
The administration has threatened to cut off more than $10 million in federal funding and contracts to the American Association of Motor Vehicle Administrators if the organization does not turn over the data, according to the states' court filing.
The lawsuit, filed Thursday in the Eastern District of Virginia, says the Trump administration is “bent on building a nationwide surveillance system” by seeking personal information from states' food stamp, Medicaid, welfare and voter databases as part of what the states call a “fishing expedition.”
The fight is tied to President Donald Trump's immigration crackdown and comes as New Jersey is already battling the administration over voter registration information.
That fight intensified after Gov. Mikie Sherrill disclosed that a software problem at the Motor Vehicle Commission resulted in about 6,600 noncitizens being registered to vote. The Trump administration subsequently sought information connected to those voters.
A federal judge last month sided with New Jersey in a separate case, ruling that the Justice Department could not use the Civil Rights Act to compel production of the state's continuously maintained computerized voter registration database.
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Feds want five years of CDL records
The latest dispute centers on the Commercial Driver's License Information System, or CDLIS.
The database has existed for decades as a way for states to check whether someone applying for a commercial driver's license already holds a license or has a disqualifying driving record in another state.
The states say CDLIS contains state-owned data, even though it is operated by AAMVA, a nonprofit association representing motor vehicle administrators nationwide.
The federal government is now demanding five years of records for every driver in the database.
The states' filing calls the demand an unprecedented attempt to seize state records and argues that the federal government has offered no adequate explanation for why it needs the entire database.
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Social Security numbers are at the center of the fight
The most sensitive information at issue includes Social Security numbers and dates of birth.
The states argue that turning over the information could create a new federal database containing highly sensitive personal information without clear restrictions on how it could be used.
They also warn that DHS could use inaccurate or outdated information to take action against drivers.
"New Jersey has one of the strongest data privacy laws in the country," Davenport said. "We will not allow the Trump Administration to illegally misuse the private information of our residents."
The federal government says it wants the information for legitimate government purposes, including ensuring the integrity of commercial driver's licenses and enforcing immigration laws.
But the states argue those explanations do not justify collecting information on every commercial driver in America.
Immigration enforcement is driving the fight
The states' court filing says DHS initially served AAMVA with an “Immigration Enforcement Subpoena” seeking the same information demanded by the Federal Motor Carrier Safety Administration.
The subpoena says the information is being sought to investigate alleged illegal practices at CDL schools, identify potential fraud involving the issuance of commercial licenses to people in the country illegally and conduct civil immigration enforcement.
The states contend those stated purposes do not justify a nationwide dragnet for 17 million drivers.
They characterize the subpoena as a “John Doe subpoena” because DHS is seeking identifying information about millions of people whose identities are not known to the agency.
Could the fight affect New Jersey truck drivers?
The states warn that the consequences could extend beyond privacy concerns.
AAMVA told federal officials that disruption to CDLIS could have serious consequences for the national licensing system, potentially preventing states from issuing or renewing commercial and even non-commercial driver's licenses.
The states also argue that turning over the database could discourage some legally qualified drivers from applying for commercial licenses because they fear their personal information could be used for immigration enforcement.
The states' filing warns that some people could even choose to drive commercial vehicles without proper licensing rather than provide information they fear could be used against them.
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Gallery Credit: Erin Vogt
