Illinois has become the latest state to be publicly shamed by Transportation Secretary Sean Duffy for its handling of non-domiciled commercial driver’s licenses (CDLs).

Duffy said an audit found that nearly 1 in 5 non-domiciled CDLs were issued illegally by the state. He threatened to pull $128 million in federal funding if Illinois does not come into compliance within 30 days. 

The Federal Motor Carrier Safety Administration’s letter to the state said non-domiciled CDLs were issued to drivers whose licenses were valid after their lawful presence in the U.S. expired. FMCSA also said drivers received licenses without Illinois first verifying the individual’s lawful presence in the country through the federal SAVE system.

“Secretary Duffy and I will be relentless in our agenda to reinstate commonsense safety standards that protect our truckers and American families,” said FMCSA Administrator Derek Barrs. 

Illinois Secretary of State Alex Giannoulias pushed back on DOT’s claims, saying the state believes its policies “are substantially compliant with applicable FMCSA requirements” and do not justify cutting federal highway funding.

Giannoulias said that Illinois adopted the SAVE system to verify the lawful immigration status before FMCSA’s interim rule was announced last year. Once the interim final rule was published, Illinois paused issuing and renewing non-domiciled CDLs.

Giannoulias also noted that he expects further legal challenges regarding non-domiciled CDL holders, even after the DOT updated its final rule last week, which had been stayed by a federal appeals court.

In a press release, Giannoulias said the Illinois Agricultural Association expressed concern that the pause in issuing non-domiciled CDLs was having “negative impacts on agricultural operations across the state and threatens to disrupt critical spring and early-season activities.”

“The pause on the non-domicile CDL creates uncertainty for the industry that is already stretched thin and puts many in limbo. For many drivers, especially owner-operators, their CDL isn’t just a credential – it’s their livelihood,” said Matt Hart, executive director of the Illinois Trucking Association.