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AG Nessel Sues Trump Administration for Unlawfully Demanding Personal Information of CDL Drivers

LANSING – Michigan Attorney General Dana Nessel joined a coalition of 20 attorneys general and the state of Pennsylvania today in filing two lawsuits against the Trump administration for demanding that the American Association of Motor Vehicles Administrators (AAMVA) produce a database of state-owned records containing the sensitive personal information of 17 million drivers and threatening to terminate more than $10 million in federal funding to the AAMVA if it refuses.

Attorney General Nessel and the coalition filed a lawsuit (PDF) against the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA), which issued the data demand to the AAMVA, as well as an additional lawsuit (PDF) against the Department of Homeland Security (DHS). The lawsuits claim the DOT, FMCSA, and DHS are violating multiple federal privacy laws by secretly setting up their own database with records extorted from AAMVA, with no guardrails on the use or sharing of drivers’ Social Security numbers and other personal information, and no notice to the public. The lawsuits also allege that the demand violates the Administrative Procedure Act because the federal government has no legitimate need to access these state records, and it failed to consult the states before making this drastic change.

“The federal government should protect your data, not weaponize it,” said Attorney General Nessel. “Instead, the Trump administration is demanding unfettered access to millions of truckers’ personal information and threatening to cut off our ability to issue driver’s licenses – all in an effort to force compliance with unlawful data collection. As a trucking industry hub, Michigan relies on CDL drivers to deliver essential goods. Adding them to a secret list not only violates their privacy rights but jeopardizes our economy.”

In 1986, Congress established the Commercial Driver’s License Information System (CDLIS) to provide states an efficient means of sharing information about commercial driver’s license (CDL) applicants and determining if the applicant is licensed in another state. Since 1988, the DOT has contracted with AAMVA, a private nonprofit organization, to operate CDLIS for the benefit of the states.

To approve a CDL application, as Attorney General Nessel and the coalition explain in the lawsuits, states validate the driver’s identity, medical fitness, immigration status, and licensing and driving history in any state where the driver could have been licensed. This important public safety work is the responsibility of the states, not the federal government. Once a license is issued, states maintain a record in CDLIS of each driver that includes personally identifiable information such as the driver’s name, date of birth, Social Security number, driver’s license number, and the name of state that provided the record.

Despite the states owning the personal data stored in CDLIS, FMCSA sent a letter to AAMVA, making the unprecedented demand that AAMVA turn over data for every driver in CDLIS going back five years. When AAMVA voiced its concerns about the new directive, FMCSA made an explicit threat to terminate all of AAMVA’s federal grants and contracts. Faced with that threat, which could shut down CDLIS altogether, AAMVA told the states it would comply with the federal government’s demand, requiring Attorney General Nessel and the coalition to seek an emergency order to prevent the data from being turned over and AAMVA’s funding—that supports CDLIS—from being terminated.

Attorney General Nessel has joined fellow state attorneys general in several legal challenges against the Trump administration’s attempts to unlawfully use Americans’ personal data for undisclosed purposes, such as for immigration enforcement and politically targeted “fraud” investigations, including data gathered through the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF) benefits, and Medicaid.

Joining Attorney General Nessel in filing these lawsuits are attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Virginia, Washington and Wisconsin, as well as the state of Pennsylvania.

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