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Hochul and AG James Sue to Restore $73M Federal Highway Funds

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Summary

Governor Kathy Hochul and New York Attorney General Letitia James filed a petition for review in the U.S. Court of Appeals for the Second Circuit on April 24, 2026, challenging the U.S. Department of Transportation's decision to withhold more than $73 million in approved federal highway funding from New York State. The DOT announced on April 16, 2026, that it would block $73.5 million in approved funding and threatened to annually withhold an additional $147 million in future years, after New York refused to revoke certain lawfully-issued Commercial Driver's Licenses held by non-citizen drivers. The state argues the funding action is unlawful, arbitrary, and an attempt to coerce New York into changing its licensing policies.

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Governor Hochul and Attorney General James filed a petition for review in the Second Circuit on April 24, 2026, seeking to overturn DOT's April 16, 2026 decision to withhold over $73 million in approved federal highway funding. The DOT had threatened to annually withhold an additional $147 million in future years if New York did not revoke certain CDLs held by non-citizen drivers. New York maintains it issues CDLs in full compliance with federal law, having received verification from prior DOT reviews. The petition argues DOT's action is arbitrary and capricious, exceeds agency authority, and unlawfully coerces the state. Affected parties including transportation companies, commercial drivers, and school districts relying on bus drivers should monitor this case as a ruling could affect similar federal funding disputes nationwide.

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Apr 25, 2026

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Federal Cuts Public Safety April 24, 2026 Albany, NY

Governor Hochul and Attorney General James Sue to Restore $73 Million in Federal Highway Funds for New York

Governor Hochul and Attorney General James Sue to Restore $73 Million in Federal Highway Funds for New York New York Challenges Trump Administration’s Cancellation of Critical Infrastructure Funding

Governor Kathy Hochul and New York Attorney General Letitia James today sued to block the federal government's unlawful cancellation of more than $73 million in highway funding for New York. Last week, the U.S. Department of Transportation (DOT) announced it would withhold the funding after New York refused DOT’s demands to revoke certain driver's licenses, all of which were issued in full compliance with state and federal regulations. Governor Hochul and Attorney General James argue that the funding action is illegal and puts New Yorkers at risk, and is seeking to restore the full funding to the state.

“Once again, New York is facing devastating federal cuts for nothing more than political payback. Here's the truth: New York has always followed federal rules when issuing CDLs, something even the previous Trump Administration verified year after year,” Governor Hochul said. “Ripping away money that goes towards critical safety upgrades on our roads is reckless and it is illegal. Standing with Attorney General James, we will fight — and win — in court to restore this funding and ensure that our roads are safe for millions of New Yorkers who rely on them.”

New York State Attorney General Letitia James said, “New Yorkers depend on safe, reliable roads and bridges to get to work, take their kids to school, and keep our economy moving. The administration cannot promise funding to our state and then abruptly yank it away. By cancelling this funding, the federal government is putting jobs and communities at risk. New Yorkers are counting on these investments, and we will not let the president jeopardize our communities’ safety. My office is taking this administration to court to ensure New York gets every dollar it is owed.”

For months, DOT has attempted to pressure New York to revoke certain lawfully-issued Commercial Driver’s Licenses (CDLs) held by certain non-citizen drivers. On April 16, the agency announced it would block more than $73.5 million in federal highway funding already approved for New York and threatened to annually withhold an additional $147 million in future years. New York issues CDLs in compliance with state and federal requirements; all drivers must have legal immigration status and meet strict testing and safety standards to qualify for a CDL. Revoking these licenses would disrupt key industries that rely on commercial drivers and could lead to bus driver shortages affecting schools and families.

Attorney General James argues that DOT’s action is unlawful and based on a new, unsupported interpretation of its own long standing regulations. For years, New York has issued CDLs in full compliance with federal law, as confirmed in DOT's own reviews. Attorney General James contends that DOT’s sudden shift is arbitrary and capricious, exceeds the agency’s authority, and unlawfully attempts to coerce New York into canceling thousands of validly issued licenses by threatening critical funding.

New York's highway funding is allocated through federal programs established by Congress to support road maintenance, safety improvements, and infrastructure upgrades. Losing this funding could delay or cancel critical transportation projects, increase costs, and harm local economies across the state.

Federal law dictates that any challenges to final agency decisions from DOT must be filed in a U.S. Circuit Court. Attorney General James today filed a petition for review in the U.S. Court of Appeals for the Second Circuit, asking the court to overturn DOT's decision and restore the funding to New York. Governor Hochul and Attorney General James will also file a motion to expedite the case to secure a decision before the funding is disrupted.

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Last updated

Classification

Agency
NY Governor
Filed
April 24th, 2026
Instrument
Enforcement
Branch
Executive
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Transportation companies Government agencies
Industry sector
4841 Trucking & Logistics
Activity scope
Federal funding dispute Highway infrastructure Commercial driver licensing
Geographic scope
New York US-NY

Taxonomy

Primary area
Transportation
Operational domain
Legal
Topics
Government Contracting Civil Rights

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