Should the U.S. territories of Puerto Rico and the Virgin Islands be eligible to issue CDLs?
Supporters of a bipartisan bill in the House believe they should.
Days after Transportation Secretary Sean Duffy announced an interim final rule that would drastically reduce the number of non-domiciled CDLs, lawmakers introduced legislation that would allow Puerto Rico and the U.S. Virgin Islands to be defined as states in regard to commercial driver’s license programs. Currently, section 31301(14) of title 49, United States Code defines “state” as a state of the United States and the District of Columbia.
HR5656 would add Puerto Rico and the U.S. Virgin Islands to the definition.
The bill was introduced by Rep. Stacey Plaskett, D-V.I., on Sept. 30. It is co-sponsored by Rep. Chuck Edwards, R-N.C., and Resident Commissioner Pablo Jose Hernandez, D-P.R. The bill text can be found here.
Non-domiciled CDLs interim final rule
During the September news conference, Duffy said that non-domiciled CDLs created a significant safety issue, as they were being used to allow illegal immigrants to operate 80,000-pound trucks.
“The process for issuing these licenses is absolutely 100% broken,” Duffy said. “It has become a threat to public safety, and it is a national emergency that requires action right now.”
The interim final rule, titled “Restoring Integrity to the Issuance of Non-Domiciled CDLs,” was published in the Federal Register on Sept. 29. The rule significantly limits state driver’s license agencies’ authority to issue and renew non-domiciled CDLs to individuals from a foreign jurisdiction. In addition, a bill introduced by Rep. David Rouzer, R-N.C., would put the DOT rule into law.
An Employment Authorization Document (EAD) would no longer be enough to obtain a non-domiciled CDL. Additionally, asylum seekers, asylees, refugees and Deferred Action for Childhood Arrivals (DACA) recipients would be excluded from eligibility.
“Although these individuals may be eligible for employment in the United States, they would not be eligible to apply for a non-domiciled commercial learner’s permit or CDL,” the Federal Motor Carrier Safety Administration wrote in the notice.
The rule would continue to allow those in a U.S. territory to obtain a non-domiciled CDL.
However, HR5656 could clear up any potential confusion regarding the rule and allow those territories to issue regular CDLs. LL
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