Q&A – The Illegal Alien Who Killed 3 While Driving w/a California Issued CDL
Each day I feature a listener question sent by one of these methods.
Email: brianmudd@iheartmedia.com
Social: @brianmuddradio
iHeartRadio: Use the Talkback feature – the microphone button on our station page in the iHeart app.
Today’s entry: Submitted via talkback: Good morning, Brian and Joel. This is Greg, Port Saint Lucy. Quick question for you. So that illegal immigrant that caused the accident and killed 3 people in the state of California issued him a CDL, is he, is that family able to sue the Department of Transportation of California for absolute negligence? Thank you, listen all the time.
Bottom Line: So yes, last Tuesday, an illegal alien driver, Harjinder Singh, made an unauthorized U-turn with his tractor-trailer on the Florida Turnpike near Fort Pierce, blocking all lanes and causing a fatal crash. A minivan, unable to stop or avoid the trailer, collided at full speed, killing all three occupants: a 37-year-old woman from Pompano Beach, a 30-year-old man from Florida City, and a 54-year-old man from Miami.
Singh, who entered the U.S. illegally in 2018 via the Mexican border, remained calm and expressionless during and after the incident, as captured on video from his cab. He faces three counts of vehicular homicide and has been issued an ICE detainer. As mentioned, the most outrageous aspect of this story, and the reason he was in Florida, is that despite lacking legal status, California issued Singh a commercial driver’s license.
In the words of Florida’s Department of Highway Safety and Motor Vehicles’ Executive Director Dave Kerner: Three people lost their lives as a result of his recklessness, and countless friends and family members will experience the pain of their loss forever. Harjinder Singh is in custody on state vehicular homicide charges and immigration violations. He will no longer be able to damage and destroy the lives of Floridians and visitors. The actions taken by the Defendant while operating a commercial tractor-trailer are both shocking and criminal.
On Monday’s show I briefly mentioned the potential legal implications for the agency responsible for the issuance of the CDL, so let’s dive in to address that question starting with what federal law states pertaining to legal status for those eligible for a CDL:
- The person must provide to the State (issuing a CDL) proof of citizenship or lawful permanent residency as specified in Table 1 of this section or obtain a Non-domiciled CLP as specified in paragraph (f) of this section.
Clearly the illegal alien didn’t have proof of citizenship, so what is the “lawful permanent residency” requirement. It states that a lawful permanent resident must have a valid, unexpired, Green Card for a CDL. I’ll come back to that in a moment. A non-domiciled CLP, means a person who doesn’t claim U.S. residency, but is legally present and authorized to work. In other words, according to federal law, it’s unlawful for an illegal alien to obtain a CDL.
California Governor Gavin Newsom is claiming that the driver was issued an EAD, or an Employment Authorization Document, by the federal government – which was then used as the basis for the issuance of the CDL. So about that. Here’s what we know: Immigration and Customs Enforcement investigators said Singh was processed for expedited removal shortly after entering the country in 2018, but was released on a $5,000 immigration bond after claiming fear of returning to his home country (India) by an immigration judge. A final ruling on permanent asylum still hasn’t been made as of this weekend.
CDL’s, like non-commercial driver’s licenses, are issued by states. California is one of 19 states that issues non-commercial driver’s licenses to illegal aliens. This is why Florida passed a law invalidating driver’s licenses for aliens issued by any other state. So, in other words, it’s currently possible but unclear if California violated federal law by issuing a CDL to an illegal alien. That dynamic could determine the extent of potential legal liability for the department/agencies involved.
There were also potential violations of state law as an illegal alien’s license of any sort isn’t valid in Florida. This could lead to legal liability for the trucking company involved (if there is one – that was unclear) and the illegal alien who violated state law in addition to traffic laws.
Based upon the findings in this case there is the potential for both civil and criminal liability for the driver and the potential for a negligence case in California if it’s determined that the CDL was knowingly unlawfully issued. That also may apply to the employer if there is one. Also, notably, Florida’s CFO James Uthemeir has indicated the state may pursue legal action against California as well. The investigation into how the driver obtained the CDL will be key in determining the extent of legal liability.
Searching into the document background of the suspect, I was not able to find evidence of a valid EAD being issued by the federal government as is claimed by California. That also wouldn’t be consistent with the immigration charges brought against him.
Notably, and somewhat ironically, the Trump administration is currently auditing CDL licenses due to concerns of illegal aliens being issued them by states issuing licenses to illegal aliens. Regardless, Singh has been charged with vehicular homicide and has an outstanding ICE detainer against him.