FAIR Sues New York DMV Over CDL Records

WASHINGTON, Oct. 28, 2026 /CourierPR/ -- The Federation for American Immigration Reform (FAIR) has filed a new lawsuit against the New York State Department of Motor Vehicles (DMV) over the agency's refusal to disclose basic commercial driver's license (CDL) records. The case challenges the DMV's decision on June 29, 2026, upholding a blanket denial of all requested records.

FAIR's October 15, 2025, Freedom of Information Law (FOIL) request sought straightforward information, including the frequency and pass/fail rates of CDL knowledge tests administered in languages other than English, the number of non-domiciled CDLs issued to U.S. citizens versus aliens, and the DMV's policies for handling incomplete applications. The request also asked for skills-test outcomes for applicants who took knowledge tests in languages other than English, the number of non-domiciled CDLs and commercial learner's permits issued to applicants identified as "no name given," and the agency's policies for dealing with incomplete applications.

After months of unexplained delays, the DMV invoiced FAIR more than $2,000 to process four of the five items. The agency accepted the payment and then reversed course, issuing a blanket denial of the entire request on May 8, 2026. On appeal, the DMV affirmed the denial on two grounds: first, that a state statute prohibiting disclosure of DMV records to federal immigration-enforcement agencies should be extended to FAIR because the organization is "ideologically aligned" with those agencies, despite the DMV acknowledging FAIR is a private nonprofit with no enforcement authority. Second, the DMV claimed that routine administrative licensing statistics and internal policies are exempt as law-enforcement records, without identifying any investigation or explaining how disclosure would interfere with one.

The report highlighted New York's issuance of more than 32,000 non-domiciled CDLs and the U.S. Department of Transportation's finding that a majority of sampled New York credentials failed to comply with federal rules, leading to the withholding of tens of millions of dollars in federal highway funds.

The case is FAIR v. New York State DMV, Index No. 912789-26 (N.Y. Sup. Ct., Albany County).