August 19, 2025 • 8 mins
Based upon the findings in this case there is the potential for both civil and criminal liability for the driver and the potential for a negligence case in California if it’s determined that the CDL was knowingly unlawfully issued. That also may apply to the employer if there is one. Also, notably, Florida’s CFO James Uthemeir has indicated the state may pursue legal action against California as well.
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Episode Transcript
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Speaker 1 (00:04):
You have questions, Brian has answers. It's time for today's
Q and AM. Today, this is the Brian Mud Show.
Today's Q and A the illegal alien who killed three
while driving with a California issued cd L. This is
brought to you by listen Ashes check Mark Collections. Each
(00:25):
day a feature listener questions sent by one of these methods.
You may email me Brian Mud at iHeartMedia dot com,
hit me up on social at Brian Mud Radio. You
may also use the iHeartRadio talkback feature we love It.
If you would love us, go into the app make
us your number one preset the Brian Mudshow podcast number
two preset. And while you're in there, look for the
little microphone button. You see it, you tap it. You
(00:47):
may leave a message right there, maybe for a future
Q and A. We love to get these and you
could do it just like this.
Speaker 2 (00:54):
Gentleman, Good morning, Brian and Joel. This is Greg Fort
Saint Lucy. Quick question for you. So that illegal immigrant
that caused the accident and killed three people in the
state of California issued him CDL. Is that family able
to sue the Department of Transportation of California for absolute negligence.
(01:23):
Thank you listening all the time.
Speaker 3 (01:24):
Yeah, I appreciate it. It's a good question.
Speaker 4 (01:26):
And so yeah, last Tuesday, as we have learned a
lot more over the past day about this situation, still
a couple questions.
Speaker 3 (01:32):
I'll get to that.
Speaker 4 (01:33):
Last Tuesday, an illegal alien driver, Harginger Singh, made an
unauthorized U turn with his tractor trailer on the Florida
Turnpike near Fort Pierce, blocking all lanes, causing a fatal crash.
You had a minivan unable to stop or avoid the
trailer that collided at full speed, killing the all three occupants.
Now they weren't members of the same family. You did
(01:55):
have a thirty seven year old woman from Pompino Beach,
a thirty year old man from Florida City, and a
fifty four year old man from Miami. Now saying who
entered the US illegally in twenty eighteen via the Mexican border,
Which is fun because he's an Indian national. So we've
talked about this so many times. Right, you have these
people from around the world that end up going to
(02:17):
the Mexican border because they've been trained that this is
how you make this process work. So you have an
Indian national who goes to the Mexican border with the
US and ended up getting across that way. He faces
three counts of the hickular homicide. He has been issued
an ICE detainer. Now, as mentioned, the most outrageous aspect
(02:40):
of the story and the reason he was even in Florida,
is that, despite lacking legal status, California issued sing a
commercial driver's license. And the words of Florida's Department of
Highway Safety and Motor Vehicles Executive Director Dave Kerner, he said,
three people lost their lives as the re as a
result of his recklessness, and countless friends and family members
(03:04):
will experience the pain of their loss forever, Argenter saying
is in custody on state vehicular homicide charges and to
immigration violations, he will no longer be able to damage
and destroy the lives of Lordigans and visitors. The actions
taken by the defendant while operating a commercial tractor trailer
are both shocking and criminal. Now, on yesterday's show, I
(03:28):
briefly mentioned the potential legal implications for the agency responsible
for the issuance of the CDL, and that is at
the corduct of today's question. So let's dive in to
what federal law states. Because here's the first thing to know.
Driver's licenses are issued at the state level, right, so
the federal government can't necessarily step in and say, California,
you have to issue driver's licenses to these individual people.
(03:51):
But a commercial driver's license is different. That is federally regulated,
even though it is issued at the state level.
Speaker 3 (04:00):
And so about that.
Speaker 4 (04:03):
In order for the federal law to as it applies
to a CDL, for it to be issued, the person
must provide to the state issuing the CDL proof of
citizenship or lawful permanent residency or obtain a non dominiciled CLP. Okay,
(04:23):
So I'm going to break this down. Obviously, the illegal
alien did not have proof of citizenship. So what is
the lawful permanent residency requirement? It states a lawful permanent
permanent residency resident must have a valid, unexpired green card
for a CDL.
Speaker 3 (04:41):
I'm going to come back to that in the moment.
Speaker 4 (04:43):
A non domin siled CLP means a person who doesn't
claim US residency but is legally president and authorized to work.
Speaker 3 (04:55):
So, in other words, according.
Speaker 4 (04:56):
To federal law, it is unlawful under any circumstance for
an illegal alien to obtain a CDL of someone lacks
legal status to be in this country, they cannot, no
matter how insane a state is and issuing a you know,
a standard driver's license, they cannot issue a CDL. Now
(05:18):
here is the question mark. California Governor Gavin Newsom is
claiming that the driver was issued in ead or an
employment authorization document like a green card, by the federal government,
which was then used as the basis for the issuance
of the CDL.
Speaker 3 (05:38):
So about that. Here's what we know.
Speaker 4 (05:41):
Immigrations, Immigration and Customs enforcement investigators said Singh was processed
for expedited removal shortly after entering the country in twenty eighteen,
but was released on a five thousand dollars immigration bond
after claiming fear of returning to his home country again
this is India, by the way, by an immigration judge.
(06:05):
A final ruling on permanent asylum still has not been
made as of this incident. Now, CDLs, like non commercial
driver's licenses, are issued by states. As I mentioned, now,
California one of nineteen states that issues non commercial driver's
licenses to illegal aliens, which is just backcrap crazy, so insane,
(06:32):
and this is why Florida passed the law by the
way invalidating driver's licenses for aliens issued by any other state. So,
in other words, it is currently possible, but unclear, of
California violated federal law by issuing a CDL to an
illegal alien. That dynamic could determine the extent of potential
legal liability for the department of the agency's involved. You
(06:55):
also had the potential violations of state law, as an
illegal aliens license of any sort is not valid in Florida.
This could lead to legal liability for the trucking company
involved if there is one That was unclear. We don't
know if this was like a you know, if he
was operating his own rig, or if he worked for
somebody else, and the illegal alien who violated state law
in addition to traffic laws. So based upon the findings
(07:19):
in this case, there is the potential for both civil
and criminal liability for the driver and the potential for
a negligence case in California if it is determined that
the CDL was knowingly unlawfully issued, and that also may
apply to the employer if there is one. Also, notably
(07:40):
Florida's CFO, James Euthmeyers, indicated that the state may pursue
legal action against California as well, so the investigation into
how the driver obtained the CDL will be key in
determining the extent of legal liability. Searching into the document
background of the suspect, I was not able to find
any evidence of a valid e EAD being issued by
(08:02):
the federal government as is claimed by California. Doesn't mean
it hasn't happened. Didn't happen. I was able to track
down a lot of the background this guy. I do
not see any record of that having taken place. And
by the way, that also would not be consistent with
the immigration charges brought against him, right because why would
there be an ICE detainer out there for him if
(08:23):
he has legal residency in the United States. So what
I'm saying is my lack of finding that, and also
the ICE detainer would suggest that Gavin Newsom is allying Zakapou,
which would not surprise a lot of us.
Speaker 1 (08:35):
Now.
Speaker 4 (08:35):
Notably, and somewhat ironically, the Trump administration is currently auditing
CDL licenses due to concerns of illegal aliens being issued
them by states. That have been issuing licenses to illegal aliens.
So there you go, and for now, I mean obviously
seeing that going anywhere, three acounts of vehicular homicide and
(08:56):
the ICE detainer
You have questions, Brian has answers. It's time for today's
Q and AM. Today, this is the Brian Mud Show.
Today's Q and A the illegal alien who killed three
while driving with a California issued cd L. This is
brought to you by listen Ashes check Mark Collections. Each
(00:25):
day a feature listener questions sent by one of these methods.
You may email me Brian Mud at iHeartMedia dot com,
hit me up on social at Brian Mud Radio. You
may also use the iHeartRadio talkback feature we love It.
If you would love us, go into the app make
us your number one preset the Brian Mudshow podcast number
two preset. And while you're in there, look for the
little microphone button. You see it, you tap it. You
(00:47):
may leave a message right there, maybe for a future
Q and A. We love to get these and you
could do it just like this.
Speaker 2 (00:54):
Gentleman, Good morning, Brian and Joel. This is Greg Fort
Saint Lucy. Quick question for you. So that illegal immigrant
that caused the accident and killed three people in the
state of California issued him CDL. Is that family able
to sue the Department of Transportation of California for absolute negligence.
(01:23):
Thank you listening all the time.
Speaker 3 (01:24):
Yeah, I appreciate it. It's a good question.
Speaker 4 (01:26):
And so yeah, last Tuesday, as we have learned a
lot more over the past day about this situation, still
a couple questions.
Speaker 3 (01:32):
I'll get to that.
Speaker 4 (01:33):
Last Tuesday, an illegal alien driver, Harginger Singh, made an
unauthorized U turn with his tractor trailer on the Florida
Turnpike near Fort Pierce, blocking all lanes, causing a fatal crash.
You had a minivan unable to stop or avoid the
trailer that collided at full speed, killing the all three occupants.
Now they weren't members of the same family. You did
(01:55):
have a thirty seven year old woman from Pompino Beach,
a thirty year old man from Florida City, and a
fifty four year old man from Miami. Now saying who
entered the US illegally in twenty eighteen via the Mexican border,
Which is fun because he's an Indian national. So we've
talked about this so many times. Right, you have these
people from around the world that end up going to
(02:17):
the Mexican border because they've been trained that this is
how you make this process work. So you have an
Indian national who goes to the Mexican border with the
US and ended up getting across that way. He faces
three counts of the hickular homicide. He has been issued
an ICE detainer. Now, as mentioned, the most outrageous aspect
(02:40):
of the story and the reason he was even in Florida,
is that, despite lacking legal status, California issued sing a
commercial driver's license. And the words of Florida's Department of
Highway Safety and Motor Vehicles Executive Director Dave Kerner, he said,
three people lost their lives as the re as a
result of his recklessness, and countless friends and family members
(03:04):
will experience the pain of their loss forever, Argenter saying
is in custody on state vehicular homicide charges and to
immigration violations, he will no longer be able to damage
and destroy the lives of Lordigans and visitors. The actions
taken by the defendant while operating a commercial tractor trailer
are both shocking and criminal. Now, on yesterday's show, I
(03:28):
briefly mentioned the potential legal implications for the agency responsible
for the issuance of the CDL, and that is at
the corduct of today's question. So let's dive in to
what federal law states. Because here's the first thing to know.
Driver's licenses are issued at the state level, right, so
the federal government can't necessarily step in and say, California,
you have to issue driver's licenses to these individual people.
(03:51):
But a commercial driver's license is different. That is federally regulated,
even though it is issued at the state level.
Speaker 3 (04:00):
And so about that.
Speaker 4 (04:03):
In order for the federal law to as it applies
to a CDL, for it to be issued, the person
must provide to the state issuing the CDL proof of
citizenship or lawful permanent residency or obtain a non dominiciled CLP. Okay,
(04:23):
So I'm going to break this down. Obviously, the illegal
alien did not have proof of citizenship. So what is
the lawful permanent residency requirement? It states a lawful permanent
permanent residency resident must have a valid, unexpired green card
for a CDL.
Speaker 3 (04:41):
I'm going to come back to that in the moment.
Speaker 4 (04:43):
A non domin siled CLP means a person who doesn't
claim US residency but is legally president and authorized to work.
Speaker 3 (04:55):
So, in other words, according.
Speaker 4 (04:56):
To federal law, it is unlawful under any circumstance for
an illegal alien to obtain a CDL of someone lacks
legal status to be in this country, they cannot, no
matter how insane a state is and issuing a you know,
a standard driver's license, they cannot issue a CDL. Now
(05:18):
here is the question mark. California Governor Gavin Newsom is
claiming that the driver was issued in ead or an
employment authorization document like a green card, by the federal government,
which was then used as the basis for the issuance
of the CDL.
Speaker 3 (05:38):
So about that. Here's what we know.
Speaker 4 (05:41):
Immigrations, Immigration and Customs enforcement investigators said Singh was processed
for expedited removal shortly after entering the country in twenty eighteen,
but was released on a five thousand dollars immigration bond
after claiming fear of returning to his home country again
this is India, by the way, by an immigration judge.
(06:05):
A final ruling on permanent asylum still has not been
made as of this incident. Now, CDLs, like non commercial
driver's licenses, are issued by states. As I mentioned, now,
California one of nineteen states that issues non commercial driver's
licenses to illegal aliens, which is just backcrap crazy, so insane,
(06:32):
and this is why Florida passed the law by the
way invalidating driver's licenses for aliens issued by any other state. So,
in other words, it is currently possible, but unclear, of
California violated federal law by issuing a CDL to an
illegal alien. That dynamic could determine the extent of potential
legal liability for the department of the agency's involved. You
(06:55):
also had the potential violations of state law, as an
illegal aliens license of any sort is not valid in Florida.
This could lead to legal liability for the trucking company
involved if there is one That was unclear. We don't
know if this was like a you know, if he
was operating his own rig, or if he worked for
somebody else, and the illegal alien who violated state law
in addition to traffic laws. So based upon the findings
(07:19):
in this case, there is the potential for both civil
and criminal liability for the driver and the potential for
a negligence case in California if it is determined that
the CDL was knowingly unlawfully issued, and that also may
apply to the employer if there is one. Also, notably
(07:40):
Florida's CFO, James Euthmeyers, indicated that the state may pursue
legal action against California as well, so the investigation into
how the driver obtained the CDL will be key in
determining the extent of legal liability. Searching into the document
background of the suspect, I was not able to find
any evidence of a valid e EAD being issued by
(08:02):
the federal government as is claimed by California. Doesn't mean
it hasn't happened. Didn't happen. I was able to track
down a lot of the background this guy. I do
not see any record of that having taken place. And
by the way, that also would not be consistent with
the immigration charges brought against him, right because why would
there be an ICE detainer out there for him if
(08:23):
he has legal residency in the United States. So what
I'm saying is my lack of finding that, and also
the ICE detainer would suggest that Gavin Newsom is allying Zakapou,
which would not surprise a lot of us.
Speaker 1 (08:35):
Now.
Speaker 4 (08:35):
Notably, and somewhat ironically, the Trump administration is currently auditing
CDL licenses due to concerns of illegal aliens being issued
them by states. That have been issuing licenses to illegal aliens.
So there you go, and for now, I mean obviously
seeing that going anywhere, three acounts of vehicular homicide and
(08:56):
the ICE detainer
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