Could South Carolina cancel a commercial driver's license based only on a federal watchlist match?

Plain-English summary

South Carolina's motor vehicle agency asked whether it could act when the federal Transportation Security Administration reported that a commercial driver matched a terrorist watchlist or had an immigration status making the driver ineligible for a license. The AG found no state provision authorizing revocation solely because a licensed driver appeared on a terrorist watchlist.

The opinion reached a different result for license eligibility. It said the DMV could cancel a commercial driver's license if it determined that the driver was not entitled to the license under the state's residency and immigration-related eligibility rules. The distinction was between a watchlist match by itself and a determination that the licensee was not eligible when the license was issued or afterward.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Was a terrorist-watchlist match alone enough under the law the AG reviewed? A: The AG said it knew of no provision authorizing CDL revocation solely on that basis.

Q: Could immigration status affect an existing CDL?
A: The opinion said the DMV could cancel a CDL after determining that the person was not entitled to a South Carolina driver's license.

Q: Did a federal notification itself cancel a South Carolina license? A: No. The opinion described the DMV's own authority to determine eligibility and take formal cancellation action.

Background and statutory framework

The opinion compared the state's license-eligibility provision with the DMV's cancellation power. It found an eligibility path for the described immigration-status problem but no corresponding watchlist ground in the statutes it reviewed.

Citations and references

The opinion quoted S.C. Code Ann. § 56-1-240 and S.C. Code Ann. § 56-1-40.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-3-2007/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/valenta-f-l-jr-10-03-07-os-8471-dmvs-authority-to-revoke-cdl-based-on-tsas-findings.pdf

Original opinion text

October 3, 2007

Frank L. Valenta, Jr., Esquire
General Counsel
South Carolina Department of Motor Vehicles
Post Office Box 1498
Blythewood, South Carolina 29016-0020
Dear Val:
In a memorandum you indicated that if the federal Transportation Security Administration (the “TSA”) finds a match between a driver licensed in South Carolina with a commercial driver’s license (a “CDL”) and a terrorist watch list or if an immigration status check shows that the driver is not in the United States legally, it will notify the State Department of Motor Vehicles (the “DMV”) so that the DMV can revoke the CDL. You have questioned whether the DMV has the authority to revoke a license based upon the TSA’s findings. S.C. Code Ann. § 56-1-20 authorizes the issuance of driver’s licenses in this State. S.C. Code Ann. §§ 56-1-2010 et seq. authorizes the issuance of commercial driver’s licenses in this State. Section 56-1-2070 provides that
[e]xcept as provided in subsection (C) or when driving under a commercial driver instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being driven, no person may drive a commercial motor vehicle on the highways of this State, unless the person has been issued and is in immediate possession of, a valid commercial driver license and applicable endorsements valid for the vehicle which the person is driving. As referenced in your letter, S.C. Code Ann. § 56-1-240 states that
[t]he Department of Motor Vehicles may cancel any driver’s license upon determination that the licensee was not entitled to the issuance thereof or that the licensee failed to give the required or correct information in his application or committed any fraud in making such application and for such other causes as may

Mr. Valenta
Page 2
October 3, 2007
be authorized by law. Upon such cancellation, the licensee must surrender the license so cancelled by the Department. As you pointed out, relevant statutes do not address in any manner whether an individual is on a federal terrorist watch list. However, such statutes do include illegal alien status. S.C. Code Ann.
§ 56-1-40 states that
[t]he Department of Motor Vehicles may not issue a motor vehicle driver’s license to or renew the driver’s license of a person:... (7) who is not a resident of South Carolina. For purposes of determining eligibility to obtain or renew a South Carolina driver’s license, the term “resident of South Carolina” shall expressly include all persons authorized by the United States Department of Justice, the United States Immigration and Naturalization Service, or the United States Department of State to live, work, or study in the United States on a temporary or permanent basis who present documents indicating their intent to live, work, or study in South Carolina. These persons and their dependents are eligible to obtain a motor vehicle driver’s license or have one renewed pursuant to this provision. You indicated that “[t]he DMV can use any notice of improper immigration status to initiate a cancellation process.” Nevertheless, your conclusion was that “the DMV will have no authority to take any action against a person found to be on a federal terrorist watch list. However, action can be taken against a person found to have an improper immigration status.” As defined by S.C. Code Ann. § 56-1-10(12), the term “cancellation of driver’s license”
...means the annulment or termination by formal action of the Department of Motor Vehicles of a person’s driver’s license because of some error or defect in the license or because the licensee is no longer entitled to the license.... Consistent with the above, in the opinion of this office, an individual with an illegal alien status would not be entitled to receive a South Carolina motor vehicle driver’s license. As referenced, pursuant to Section 56-1-240, the DMV may cancel a commercial driver’s license upon determination that the individual to whom a license was issued was not entitled to such license. While an individual with an illegal alien status could have his driver’s license cancelled, in the opinion of this office, there is no provision with which we are aware that would authorize the revocation of a commercial driver’s license solely on the basis that the licensed driver was on a terrorist watch list. If there are any questions, please advise.

Mr. Valenta
Page 3
October 3, 2007
Sincerely,
Henry McMaster
Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General