Legislature Considers SB 86 Targeting Undocumented Truck Drivers

(FLORIDA, UNITED STATES) Florida lawmakers will open the 2026 session with a high-profile proposal aimed at immigrant truck drivers without legal status. Senate Bill 86 (SB 86), filed by Sen. Don Gaetz (R-Niceville) on September 25, 2025, requires police to arrest any truck driver found to be an undocumented immigrant and transfer them to federal authorities. If approved by the Florida Legislature in the upcoming session starting January 2026, the measure would take effect on July 1, 2026.

The bill follows a fatal crash on Florida’s Turnpike in August 2025. In that case, Harjinder Singh, who entered the United States illegally in 2018, allegedly made a U-turn that led to three deaths. Officials said Singh held a commercial driver’s license (CDL) from California. The case triggered sharp criticism from Florida leaders toward states that issued CDLs to noncitizens who are not in lawful status, and it set the stage for SB 86.

Policy details of SB 86

SB 86 lays out strict measures focused on commercial drivers identified as undocumented. Key provisions include:

• Mandatory arrest: Law enforcement must take into custody any truck driver determined to be an undocumented immigrant.
• Transfer to federal custody: Officers must facilitate transfer to federal immigration authorities under federal law.
• Truck impoundment and fines: Vehicles would be impounded, and the owner would face a $50,000 fine to recover the truck.
• Operational ban: Any motor carrier whose vehicle is involved in such an incident would be barred from operating in Florida.

Supporters argue these steps would deter unlawful driving activity in heavy commercial vehicles and reinforce trust in the licensing system. They also say the approach aligns with federal priorities that already make immigration status checks part of the vetting process for commercial driving privileges.

Critics counter that this proposal reaches far beyond traffic enforcement and could punish companies and drivers who made compliance mistakes or rely on workers whose paperwork is in process.

Important: The bill’s effective date is set for July 1, 2026, leaving a narrow window for trucking companies, insurers, and shippers to adjust safety policies and review driver files if the bill passes.

The proposal also puts pressure on out-of-state carriers that move freight into Florida, since the operational ban would apply to motor carriers whose vehicles are involved in a covered incident.

Federal actions and state compliance

Florida’s move echoes broader federal steps that tightened CDL access for noncitizens in late September 2025. Under those federal changes:

• States were told to pause issuing CDLs to noncitizens until they align with new rules.
• A mandatory federal immigration status check is required.
• Applicants must hold a lawful employment-based status such as H-2A, H-2B, or E-2.

States that fail to comply risk losing federal highway funding if they do not fix their systems within 30 days.

According to analysis by VisaVerge.com, the federal direction is part of a wider push to raise safety standards after several fatal crashes involved drivers who should not have been licensed. Florida officials have pointed to those cases, including the Turnpike collision, to argue that SB 86 would add a clear enforcement path at the state level. Industry leaders are watching whether the federal pause on noncitizen CDLs stabilizes the licensing process and how quickly states adjust their systems.

For official federal guidance on commercial driver requirements and compliance, readers can consult the Federal Motor Carrier Safety Administration’s resource page: FMCSA commercial driver’s license overview. While federal rules govern baseline CDL standards nationwide, states issue the licenses and handle day-to-day enforcement. The combined effect of the federal pause and Florida’s proposed law would tighten both ends of that pipeline.

Industry and community impact

The trucking industry in the United States already faces a tight labor market in some sectors, and trade groups warn that broad bans and high penalties can ripple through supply chains.

Critics of SB 86 — including immigrant advocates and some industry representatives — raise several concerns:

• The bill could deter companies from hiring foreign-born drivers, even those with lawful status, if employers fear accidental exposure to fines or a Florida operational ban.
• Sweeping impoundment and a $50,000 recovery cost could force small carriers out of business.
• Family members of drivers could face sudden income loss if a truck is impounded.
• Small firms run by mixed-status families could suffer if one driver’s status triggers a ban.
• Drivers eligible for future relief or visas could be taken into custody before they can pursue legal options.

Supporters respond that the bill targets a narrow problem — undocumented people operating heavy trucks — and argue:

• Removing unlicensed or unlawfully licensed drivers from the road will reduce crash risks.
• It could help prevent tragedies similar to the August Turnpike collision.
• Employers who follow federal work authorization checks and use vetted driver rosters should not be affected.

Practical enforcement and compliance considerations

Practical questions now sit with enforcement agencies and carriers. SB 86’s success depends on clear procedures and coordination.

Law enforcement considerations:

• Police would need guidance on how to confirm a driver’s immigration status during traffic stops and crash investigations without causing delays or violating civil rights.
• The mandate for transfer to federal authorities presumes quick coordination with U.S. immigration agencies.
• Agencies will need secure storage for impounded trucks and a clear process for owners to pay the $50,000 fine and reclaim vehicles.

Carrier compliance priorities likely include:

1. Reviewing driver files, including immigration and work authorization records.
2. Ensuring dispatch systems flag drivers whose status is unknown or pending.
3. Updating contracts with owner-operators to address impoundment risk and fines.
4. Training safety managers on Florida’s rules if the bill becomes law.

Political landscape and next steps

The political debate will likely intensify as the 2026 legislative session opens in January. Current dynamics include:

• Republican leaders framing SB 86 as a public safety measure.
• Democrats and some moderates likely to seek amendments to limit the operational ban or lower fines for first-time incidents.
• Potential for lawmakers to consider aligning state enforcement steps with the federal pause and status checks already in place.

SB 86 is pending consideration in committees, with debate shaped by the Turnpike crash, the federal CDL pause for noncitizens, and Florida’s existing stance on state-level immigration enforcement.

As the Florida Legislature weighs the bill, carriers that operate in the state face a planning choice:

• Wait for the final text, or
• Start preparing for tighter checks and higher stakes now.

How that balance is struck will determine whether SB 86 becomes a new model for state-level enforcement or a flashpoint in the broader fight over immigration and road safety.