FAIR Takes Legal Action Against New York DMV for Denial of CDL Record Access

Legal Battle Over CDL Record Transparency

The Federation for American Immigration Reform (FAIR) has launched another lawsuit against the New York State Department of Motor Vehicles (DMV), this time targeting the agency's refusal to disclose critical statistics regarding its commercial driver's license (CDL) program. This lawsuit brings to light serious concerns about transparency in state governance and the implications for public safety.

Background of the Lawsuit

On October 15, 2025, FAIR submitted a Freedom of Information Law (FOIL) request aimed at obtaining basic statistics and policies regarding the New York DMV's CDL operations. The requested data included pass/fail rates of CDL knowledge tests given in various languages, the number of non-domiciled CDLs issued to both U.S. citizens and non-citizens, and skills-test outcomes for those who took the knowledge tests in languages other than English.

Also sought were statistics on non-domiciled CDLs and commercial learner's permits issued to applicants labeled as “no name given,” along with the DMV's guidelines on handling incomplete applications. These statistics are vital for an informed understanding of how the DMV operates and whether it adheres to federal safety standards.

However, following a significant delay, the DMV demanded over $2,000 to process four out of the five data points from FAIR's request. After accepting this payment, the DMV abruptly reversed its stance, eventually denying the entire FOIL request under claims that the information was legally protected from disclosure due to its supposed relation to law enforcement.

DMV's Justifications

In its defense, the DMV claimed that it was extending a state statute prohibiting the release of records to federal immigration enforcement agencies to FAIR, labeling the nonprofit as