After Indian national Harjinder Singh attempted an unlawful U-turn on the Florida turnpike that killed three citizens in a minivan, the debate over illegal immigration and driver licensing has intensified. The California Department of Motor Vehicles issued Singh, a Stockton resident, a commercial driver’s license, and Washington state also provided him with one. Both are sanctuary states.
For 15 years, from 1998 to 2013, California’s most hotly debated issue was whether illegal immigrants should be allowed to obtain driver’s licenses. Championing licenses for illegal aliens was Gil Cedillo, who has served in both the California State Assembly and State Senate.
Cedillo deserves credit for his persistence. His licensing proposal was defeated nine times and went before three governors before finally becoming law. Gray Davis and Arnold Schwarzenegger vetoed Cedillo’s bills; then Jerry Brown signed Assembly Bill 60. Cedillo’s persistence earned him the well-deserved nickname “One Bill Gil.”
Throughout the tumultuous debate period, immigration advocates put forward what they considered the two most compelling arguments for allowing illegal immigrants to obtain licenses in California. Although both arguments had obvious flaws, Cedillo ultimately prevailed.
The first argument was that illegal immigrants require licenses to drive to their place of employment. This reasoning is problematic since federal law both prohibits unlawfully present immigrants from working and bans employers from hiring them. Broader federal law violations include aiding and abetting undocumented immigrants. Once an illegal alien possesses a driver’s license — even one marked “NOT FOR OFFICIAL USE” — their opportunities to engage in fraud increase.
Immigration advocates often cite the Constitution’s 14th Amendment, which they claim requires states to provide equal protection to all people who live within their jurisdictions, not just citizens. Many believe that offering licenses to all residents will make roads safer since these individuals will be encouraged, like citizens, to learn road safety and take written and behind-the-wheel tests. This way, illegal immigrants can properly learn traffic safety laws and be required to complete the same testing process as citizens. Others argue that offering licenses will improve national security and help the economy.
The second argument, which is still cited but without tangible evidence in states that do not issue driver’s licenses to illegal aliens, contends that the roads are safer when all drivers are licensed and tested.
Singh’s case is more complex since it involves a commercial driver’s license, which was not what Cedillo envisioned when he began his campaign 15 years ago.
His situation involves numerous crimes that began at the Southwest border in 2018, when he crossed into the U.S. from Mexico. Immigration officials processed him for expedited deportation, but Singh claimed credible fear, and his asylum case has been pending ever since. According to DHS, Singh does not suffer from physical or mental maladies. He is not a primary caretaker, family head, or domestic violence victim. Any of these conditions might have qualified Singh for an asylum loophole.
The Trump administration denied Singh’s work permit in September 2020, but President Joe Biden’s administration approved his employment authorization document in June 2021. In a post on X, California Gov. Gavin Newsom falsely accused President Donald Trump of approving Singh’s EAD — a claim that Department of Homeland Security records contradict.
The trucking company that employed Singh, White Hawk Carriers, has also faced scrutiny. Federal records show the company accumulated multiple inspection violations and, as of this week, is shut down. Federal Motor Carrier Safety Administration investigators tested Singh’s English proficiency and road-sign knowledge. During post-crash testing, he performed poorly, answering only two of 12 verbal questions correctly and identifying just one of four traffic signs.
In late April, Trump signed an executive order requiring all commercial truck drivers operating in the U.S. to be proficient in English — a follow-up to his March executive order designating English as the country’s official language. Furthermore, the California Code of Regulations, Title 13, Section 260.10 requires legal immigration status to qualify for a CDL, indicating that the state failed in enforcement. California’s sanctuary state policy facilitated Singh’s CDL approval.
Singh and his illegal alien brother, passenger Harneet Singh, fled from Florida to Sacramento, where they were arrested before being extradited to Florida. Gov. Ron DeSantis has promised swift justice — though this offers cold comfort to the innocent victims.
Joe Guzzardi is an Institute for Sound Public Policy analyst who has written about immigration for more than 30 years.
