A group of Attorneys General have filed a pair of lawsuits against the Trump administration for demanding production of a database of state-owned records containing the sensitive personal information of millions of drivers s and threatening to terminate more than $10 million in federal funding to the American Association of Motor Vehicle Administrators (AAMVA) if it refuses.
The group of attorneys general include those from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont, Virginia, Washington, and Wisconsin, as well as the state of Pennsylvania.
Specifically, the group filed the suits against the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA), which is an administration of the DOT and AAMVA, as well as a second, related lawsuit against the Department of Homeland Security (DHS). The lawsuits claim the DOT, FMSCA, and DHS are violating multiple federal privacy laws, among other federal 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, according to a release issued by Maryland AG Anthony Brown.
“Once again, the Trump administration is trying to unlawfully seize Marylanders’ personal data with no legitimate purpose, no safeguards to protect it, and no warning to the public or consultation with the states,” said Brown. “We are joining this lawsuit because this data belongs to the states, and the federal government cannot force another party to hand it over without lawful justification.”
“Donald Trump continues to take illegal measures to violate Virginians’ right to privacy and seize power from states. If states refuse to roll over and accept the creation of this personal information database, which will be built using CDL information, his administration is threatening to pull critical funding,” said Attorney General Jay Jones, who is co-leading the suits. “The Commonwealth will not bend to these illegal demands and threats. I am proud to stand with attorneys general around the nation in fighting back against the President’s latest attacks.”
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, the coalition explains in the lawsuits, states validate the driver’s identity, medical fitness, immigration status and each applicant’s 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, FMSCA 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, FMSCA made an explicit threat to terminate all of AAMVA’s federal grants and contracts. Faced with that threat, which could shut down CDLIS altogether, Attorney General Brown and the coalition seek an emergency order to prevent the data from being turned over. Relatedly, DHS sent an administrative subpoena to AAMVA demanding the same data set.
The suit’s language states that the Court should quash DHS’s subpoena. The subpoena is invalid on its face: it is a
quintessential “John Doe subpoena” that unlawfully seeks personal information, including names, dates of birth, and Social Security numbers, about millions of individuals unknown to DHS; it fails to identify any legitimate statutory purpose that would plausibly require the production of this vast trove of data; and it was issued in manifest bad faith to assist the enforcement of FMCSA’s parallel demand for the same data. What is more, the subpoena violates the Driver’s Privacy Protection Act — which bars the disclosure of driver records outside of carefully enumerated circumstances— and would establish a new system of records covering countless individuals in violation of the Privacy Act of 1974.
U.S. Department of Transportation Secretary Sean Duffy responded in a television interview.
“Every administration since 1988 has had access to this basic database, so let’s be clear on what this ridiculous lawsuit is really all about. These radical state AGs want to make it harder for my Department to enforce the rules of the road and easier for dangerous illegal immigrant truck drivers to operate a big rig,” Duffy said. “They may not care about keeping you and your family safe, but President Trump and I do. We will fight this lawsuit tooth and nail to prevent more senseless crashes by unqualified drivers.”
Bruce Guthrie is an award-winning journalist who has lived in three states including Arkansas, Missouri and Georgia. During his nearly 20-year career, Bruce has served as managing editor and sports editor for numerous publications. He and his wife, Dana, who is also a journalist, are based in Carrollton, Georgia.
