Mexican Truckers Blocked at U.S. Border as CBP Cracks Down on Cabotage Violations

U.S. Customs and Border Protection (CBP) is now denying entry to Mexican truckers with prior cabotage violations, leveraging a new system that integrates Department of Transportation (DOT) records. This intensified enforcement follows complaints from Mexican trucking associations and San Diego business groups. According to the Otay Mesa Chamber of Commerce, approximately 300 Mexican truckers have been denied entry at the Southern California border due to these violations. Other media reports suggest the number could be as high as 3,200 truckers unable to cross this year. CBP confirmed that it is modernizing data sharing with the DOT, enabling Border Patrol agents to access information on past cabotage violations identified during roadside inspections. A CBP spokesperson stated that foreign carriers previously exploited enforcement gaps, but “the era of looking the other way is over.” Under the current administration, the DOT is reportedly sharing data with CBP to ensure immediate consequences for cabotage law violators, including the potential revocation of visas. Pedro Lozano Martínez, president of the Nuevo Laredo Freight Carriers Association, expressed concerns that while DOT inspectors previously cited truckers for cabotage, there were no significant repercussions due to a lack of authority to revoke visas. Now, CBP can electronically revoke visas for drivers with prior violations upon attempting to enter the U.S. CBP clarified that enforcing cabotage laws relies on interagency collaboration. The agency is enhancing its data sharing capabilities to more effectively enforce U.S. laws. Alien truck drivers with B-1 nonimmigrant visas are authorized only for transporting cargo in international commerce; engaging in cabotage constitutes a violation of their nonimmigrant status, potentially leading to visa cancellation or revocation. While CBP could not provide specific enforcement metrics, a spokesperson noted an increase in encounters involving illegal alien truck drivers and cabotage cases, particularly in border regions. The agency aims to protect the legitimate trucking industry, ensure fair competition, and support safe freight movement. The Otay Mesa Chamber of Commerce has issued warnings about the heightened enforcement, citing a “3-year lookback” period that allegedly uses electronic logging device (ELD) data, GPS information, and DOT Pre-Employment Screening Program (PSP) and Federal Motor Carrier Safety Administration (FMCSA) inspection records. The chamber also raised concerns that this information is being considered without formal written guidelines or an appeals process, and based on an informal “24-hour rule” not grounded in published law. This rule reportedly involves revoking B-1 visas from drivers who have been in the U.S. for over 24 hours, treating the duration of stay as proof of cabotage violation, which the chamber argues differs from federal law’s focus on freight movement. CBP acknowledged using data such as ELD and GPS information to ascertain driver movements and hours of service, along with PSP records, to identify potential cabotage violations. The spokesperson added that while the duration of a foreign driver’s stay can be an indicator, the core principle is that they are permitted only to transport cargo in the stream of international commerce when entering or leaving the U.S.