Judge Trenga Quashes the HSI Immigration Subpoena to AAMVA for Commercial Drivers' CDLIS Records

Judge Anthony J. Trenga of the Eastern District of Virginia granted the Movant States’ motion to quash and quashed the subpoena, and denied as moot DHS’s motion to lift the abeyance, in an order filed 10/20/26. It quashes the Homeland Security Investigations subpoena described in 2026-08-11–hsi-washington-dc-immigration-enforcement-subpoena-to-aamva-for-cdlis-pointer-records, which the order says sought information on over 17 million persons who hold commercial driver’s licenses.

The court found that the subpoena “exceeds DHS’ authority,” that compliance would violate the Driver’s Privacy Protection Act and the Privacy Act, and that it “is otherwise deficient and improper.” It rejected DHS’s argument that the court lacked jurisdiction over a pre-enforcement motion. It found the subpoena “defective on its face” because the space on the form for the title of the proceeding was left blank, called it an improper John Doe subpoena, and found that it “appears to have been issued for an improper purpose.” In the court’s words, the record shows it was “issued to assist DOT in its efforts to pressure AAMVA” into complying with FMCSA’s data demand.

The motion to lift is the one in 2026-09-25–dhs-moves-to-lift-abeyance-and-decide-states-motion-to-quash-aamva-subpoena; the abeyance it sought to end is in 2026-08-13–23-states-move-to-quash-hsi-aamva-cdlis-subpoena-judge-trenga-holds-motion-in-abeyance-aug-20.