Court Blocks Federal Demand for 17 Million CDLIS Driver Records

A federal judge in Virginia has blocked a federal demand for the Commercial Driver’s License Information System (“CDLIS”) records of about 17 million commercial license holders. The September 17, 2026 order grants a preliminary injunction in the CDLIS lawsuit brought by 20 states, the District of Columbia, and the Governor of Pennsylvania. On October 8, the federal defendants filed a notice of appeal and a motion to stay the injunction pending appeal.

Federal Data Demand

CDLIS is a clearinghouse and depository of information about the licensing, identification, and disqualification of operators of commercial motor vehicles that federal law directs the Secretary of Transportation to maintain. The records belong to the states that supplied them, and the American Association of Motor Vehicle Administrators (“AAMVA”) operates the system.

By letter dated June 25, 2026, the Department of Transportation and the Federal Motor Carrier Safety Administration (“FMCSA”) demanded records on every driver in CDLIS going back five years, about 17 million master pointer records. The demand covered each driver’s name, date of birth, state of record, license number, and Social Security number.

AAMVA told the agencies that state laws and its agreements with states restrict disclosure of the data, and it proposed that each state opt in or opt out. On August 11, the Department of Transportation called that choice unacceptable and set an August 17 deadline. After that date it would pursue canceling AAMVA’s grants, enforcing a Department of Homeland Security subpoena, and considering ending its contract. Federal contracts and funding, including approximately $10 million that funds the database itself, were at stake.

Lawsuit in the Eastern District of Virginia

Twenty states, the District of Columbia, and the Governor of Pennsylvania sued on August 13, 2026, in the Eastern District of Virginia, under case number 1:26-cv-2547. The defendants are the Department of Transportation, Secretary Sean Duffy, FMCSA, Administrator Derek Barr, and AAMVA.

The Department of Homeland Security served an immigration enforcement subpoena on AAMVA for the same records on July 28, citing 8 U.S.C. § 1225(d). The subpoena was withdrawn, and the Department of Transportation’s August 11 letter said the Department of Homeland Security would reissue it.

Temporary Restraining Order

On August 20, 2026, the court issued a temporary restraining order. It enjoined AAMVA from transferring the master pointer records to the federal defendants or any other agency, and it enjoined the federal defendants from imposing adverse actions if the data was not produced. A temporary restraining order preserves the status quo while the court considers a preliminary injunction.

Preliminary Injunction Ruling

The states moved for a preliminary injunction on August 27, the court held a hearing on September 10, and on September 17 the court granted the motion.

The court found the states likely to succeed on their challenge to the data demand under the Administrative Procedure Act. The federal defendants did not dispute that they failed to consult the states before issuing the demand, in likely violation of the duty to consult in 49 U.S.C. § 31309(a), and the court found that the transfer would likely violate the Driver’s Privacy Protection Act and the Privacy Act. It also found the states likely to prevail on their Spending Clause challenge.

The court found no credible explanation of how the transfer was needed for FMCSA’s statutory purpose. FMCSA can already access CDLIS records through individual queries and continues to access the driver records the states hold. The court concluded that the compelling inference is that the federal defendants seek the files in large part, if not primarily, for immigration enforcement, which is not part of FMCSA’s statutory mandate.

The injunction bars AAMVA from transferring the states’ master pointer records as requested in the data demand. It also bars the Department of Transportation and FMCSA from taking adverse action against the states or AAMVA over the failure to transfer them, including terminating or threatening to terminate federal contracts or funding. The injunction remains in force pending further order of the court.

Case Status as of October 9

On October 2, the court denied the federal defendants’ motion to clarify the injunction. It also ordered them to file sworn declarations within 15 days on whether specified funding will not be provided and why. On October 6, the court set October 13 for the federal defendants’ responsive pleading and November 12 for the administrative record.

On October 8, the federal defendants filed a notice of appeal from the injunction and two later orders, and a motion to stay the injunction pending appeal. The docket shows no ruling on the stay motion through October 9. The American Federation of Teachers, which the court allowed to intervene on September 21, filed its own motion for a stay under 5 U.S.C. § 705 on October 8, with a hearing set for November 4.

A preliminary injunction is not a final ruling on the merits.

CDLIS Records in Truck Accident Cases

The injunction concerns a bulk transfer of state-owned records to federal agencies. It does not change what a trucking company must do with CDLIS data.

Under 49 CFR 391.23(m)(2), a motor carrier must use the CDLIS motor vehicle record from the driver’s current licensing state to verify the type of operation the driver self-certified. For a driver certified for interstate commerce, the carrier must also verify a valid medical examiner’s certificate and any required medical variances. The carrier documents both in the driver qualification file before allowing the driver to operate a commercial motor vehicle.

The driver qualification file and the licensing record show whether a carrier checked a driver’s status before putting the driver on the road. Where the checks were skipped or the driver’s status was not what the file recorded, the question becomes negligent hiring. The Drug and Alcohol Clearinghouse is a separate federal database with its own query rules.