The U.S. Department of Transportation (DOT) has issued a strong warning to three states — Washington, California, and New Mexico — that risk losing millions in federal funding if they fail to comply with English Language Proficiency (ELP) requirements for commercial drivers in trucking.
The states have 30 days to take corrective action, or their funding under the Motor Carrier Safety Assistance Program (MCSAP) could be suspended.
Transportation Secretary Sean P. Duffy stressed that states cannot “pick and choose” which federal rules to enforce. In a statement, he warned that non-compliance directly undermines road safety:
“As we saw with the horrific Florida crash that killed three, when states fail to enforce the law, they put the driving public in danger. Under President Trump’s leadership, we are taking aggressive action to close these safety gaps, hold states accountable, and make sure every commercial driver on the road is qualified to operate a 40-ton vehicle.”
Widespread enforcement gaps
Tricia McLaughlin, a spokesperson for the Department of Homeland Security, called the practice of issuing commercial driver’s licenses to undocumented immigrants “reckless.”
Currently, 19 U.S. states, including Washington, issue driver’s licenses regardless of immigration status.
A recent investigation by the Federal Motor Carrier Safety Administration (FMCSA) revealed major failures in California, Washington, and New Mexico when it comes to enforcing ELP violations and placing drivers out of service.
In Washington, although the state has formally adopted the ELP rule, enforcement has been lax. Between June 25 and August 21, 2025, inspectors carried out more than 6,000 roadside checks that identified at least one violation, but only four resulted in a driver being taken out of service for failing to meet English standards.
In two additional cases, citations were issued but the drivers were allowed to continue driving — a move that runs counter to federal requirements. Even more concerning, at least four drivers who had already been placed out of service in other states for ELP violations were stopped in Washington, yet those sanctions were not recognized. According to the DOT, this undermines national safety standards and shows that drivers who should have been barred from the road were able to continue operating.
New Mexico showed similar shortcomings. From late June through late August 2025, no drivers were placed out of service for ELP violations, and at least seven unqualified drivers were allowed to remain on the road despite failing to meet English standards, putting other motorists at risk.
California openly defiant
The California Highway Patrol has gone further, publicly declaring that it does not intend to enforce the federal regulation. This position has escalated the standoff between the state and federal authorities.
The dispute underscores the deepening tensions between federal and state governments over trucking regulation, highway safety, and immigration policy.
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