Thomas Slams Court for Refusing to Hear Florida’s Case Against California on Illegal Alien Drivers
When the Supreme Court refused to allow Florida to file a complaint against California and Washington for extending driver’s licenses to illegal aliens who cannot read English signs, Justice Clarence Thomas took his colleagues to task.
“I respectfully dissent from the court’s denial of Florida’s motion because we cannot refuse to hear suits between states,” Thomas wrote in a dissent joined by Justice Samuel Alito.
Thomas recounted the story of Harjinder Singh, an illegal alien who failed a driver’s test 10 times in Washington and once in California, but who obtained a commercial driver’s license from each state. Singh, a native of India who had crossed the Mexican border illegally, made a U-turn on Florida’s Turnpike on Aug. 12, 2025, despite a clear sign prohibiting U-turns, causing the deaths of three people.
The Federal Motor Carrier Safety Administration tested Singh’s English proficiency, finding that the illegal alien could only identify one out of four highway signs.
“An illegal alien who cannot read English road signs cannot drive an 80,000-pound tractor-trailer,” Thomas wrote. “Federal law and regulators prohibit states from providing commercial driver’s licenses to applicants unless they pass a driver’s test, sufficiently understand the English language, and show appropriate immigration status.”
Florida Attorney General James Uthmeier, a Republican, asked the Supreme Court for leave to file a bill of complaint against California and Washington in October. The AG stated that between January 2018 and August 2025, Washington issued driver’s licenses to 685 individuals who failed to prove citizenship or lawful permanent residency, citing Singh as an example.
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Uthmeier asked the Supreme Court to declare that California and Washington’s failure to enforce proper safety standards is a public nuisance to other states, and to issue injunctions ordering California and Washington to cease issuing driver’s licenses to illegal aliens.
Thomas wrote that the Supreme Court lacks “discretion to refuse to hear cases within its exclusive original jurisdiction.” Yet, even if the court has this discretion, it should have taken up the case, he argued.
The Supreme Court considers two factors: the nature of the complaining state’s interest, and the availability of an alternative forum for the case to be resolved. This case meets both factors, Thomas argued. “This court declines to even hear Florida’s claims, even though it has nowhere else to bring them.”
Uthmeier’s office condemned the court’s ruling.
“Unfortunately, the Supreme Court leaves Floridians with no avenue to hold California accountable for putting dangerous, illegal alien truck drivers on our roads, despite the U.S. Constitution’s mandate and Congress directing the Court to hear controversies between the states,” Jae Williams, the attorney general’s press secretary, told the Daily Signal in a statement Tuesday.
A Department of Transportation spokesperson responded to the ruling.
Transportation “Secretary [Sean] Duffy is laser-focused on restoring integrity to America’s trucking industry by ensuring truck drivers on our roadways are qualified and vetted,” the spokesperson told the Daily Signal. “The department is going after every link in the chain to root out bad actors, fraudsters, and chameleon carriers who put American families at risk.”
In May 2025, Duffy signed an order announcing new guidance to enforce English proficiency requirements for truck drivers, and he later threatened to revoke federal funding from California and Washington if they continued to reject the requirements. In October, the department announced it would withhold over $40 million from California following an investigation finding that the Golden State had failed to abide by the rules.
In June 2025, Duffy announced a nationwide audit of states issuing commercial driver’s licenses to drivers without permanent residence in the U.S. In November, he claimed California illegally issued 17,000 commercial driver’s licenses and sent notices to the license holders that their licenses would expire.
The Department of Transportation cited at least 17 fatal crashes and 30 deaths in 2025 caused by drivers without permanent residence. Under new rules, these drivers will not be able to obtain a license.
Duffy has also said his agency has pulled more than 20,000 drivers from service for failing to meet basic requirements, such as reading road signs.
Congress is considering a law to bar illegal aliens and non-English speakers from obtaining driver’s licenses.
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