HB1569 introduces stringent regulations and creates four new criminal offenses specifically targeting immigrants who drive commercial motor vehicles. The offenses outlined in the bill are:
- Noncitizen Operating a Commercial Motor Vehicle Without a Domestic Commercial Driver License: This offense criminalizes noncitizens who operate commercial motor vehicles without obtaining a commercial driver license issued within the United States.
- Criminal Use of a Motor Vehicle: This offense targets noncitizens involved in non-fatal accidents while operating commercial motor vehicle. An immigrant driving a commercial vehicle who caused someone physical harm, no matter how minor the harm, could be charged with a felony and put in prison for at least 6 months.
- Vehicular Homicide with a Commercial Vehicle: This offense applies to noncitizens involved in fatal accidents while operating commercial motor vehicles. This and the previous three offenses are already against the law, but this bill singles out immigrants for harsher treatment.
- Operating Commercial Motor Vehicle Without Sufficient English Language Proficiency: This offense prohibits anyone from operating commercial motor vehicles if they do not meet certain English language proficiency requirements. While people who are not U.S. citizens would be most affected by this, it could also criminalize people with disabilities and others who have difficulty communicating.
Additionally, the bill introduces a fifth offense:
- Providing Commercial Motor Vehicle to Ineligible Operator: This section punishes carriers (such as trucking and delivery companies) for providing commercial vehicles to people who violate any of the offenses listed above. The language of the bill is not clear about whether it applies only to driver's who have previously committed these violations or immediately when a violation occurs, potentially imposing broad liability on carriers.
The bill primarily targets immigrants who drive commercial vehicles by creating specific criminal offenses tied to their citizenship status, potentially leading to discriminatory practices and legal challenges. It also places considerable responsibility on carriers, potentially affecting their hiring practices and operational policies.
The ACLU of Arkansas opposes HB1569 due to its discriminatory nature against noncitizen drivers and the excessive burdens it places on commercial carriers.
This bill not only introduces unnecessary criminal penalties based on citizenship but also may infringe upon the rights and liberties of individuals under the guise of enhancing public safety. We advocate for a rejection of this bill and call for policies that ensure equal treatment and justice for all people, regardless of citizenship status.