The U.S. Department of Transportation has made it clear that it wants to clean up the non-domiciled CDL process.
As part of that effort, the DOT and Federal Motor Carrier Safety Administration recently issued letters of preliminary noncompliance to Colorado, South Dakota, Texas and Washington.
The letters, all dated Oct. 23, told the states to take immediate corrective action regarding the issuance of non-domiciled CDLs or risk losing federal funds.
The DOT launched an audit into non-domiciled CDLs in June. Following the findings of that audit, FMCSA unveiled an emergency interim final rule that drastically reduced the number of people eligible for a non-domiciled CDL.
“In plain English, this is a license to operate a massive 80,000-pound truck that is being issued to foreign drivers who are not U.S. citizens or lawful permanent residents,” Transportation Secretary Sean Duffy said during a news conference on Sept. 26. “The process for issuing these licenses is absolutely 100% broken. It has become a threat to public safety, and it is a national emergency that requires action right now.”
Colorado letter
In a letter to Colorado Gov. Jared Polis and Colorado Department of Revenue Executive Director Heidi Humphries, FMCSA said that it had obtained “evidence of systemic policy, procedural and programming errors” in Colorado’s issuance of non-domiciled CDLs.
“FMCSA found that the Colorado DMV issued non-domiciled CDLs to drivers who did not qualify and issued non-domiciled CDLs that extend beyond the expiration of drivers’ lawful presence in the United States,” the agency wrote in the letter signed by FMCSA Chief Counsel Jesse Elison.
During a review of Colorado’s CDL program, FMCSA said six of the 99 driver records sampled showed that the state’s DMV issued non-domiciled commercial licenses or learner’s permits for a period that exceeded the person’s lawful presence in the United States.
An example from May 2024 indicated that Colorado issued a non-domiciled CDL with an expiration date of Jan. 1, 2028. However, the driver presented an Employment Authorization Document that had expired nearly two months earlier.
“The Colorado DMV issued a non-domiciled CDL with an expiration date of Jan. 1, 2028, almost four years after the EAD’s expiration,” FMCSA wrote in the letter.
The agency also cited 18 instances of Colorado issuing non-domiciled CDLs to citizens of Mexico.
On Sept. 29, the Colorado DMV announced that it had paused the issuance and renewals of non-domiciled CDLs until further notice.
South Dakota letter
FMCSA informed South Dakota Gov. Larry Rhoden and South Dakota Department of Public Safety Secretary Robert Perry about the state issuing non-domiciled CDLs to individuals who weren’t eligible.
The agency’s review of 51 driver records discovered three instances of the CDL exceeding the amount of time the individual was legally allowed to work in the U.S. The review also found three instances of South Dakota issuing a non-domiciled CDL to a citizen of Canada.
According to the letter, South Dakota issued a non-domiciled CDL with a 2029 expiration date this past June to a Canadian citizen.
“Despite confirming (the individual’s) ineligibility for a non-domiciled CDL as a citizen of Canada, (South Dakota’s Department of Public Safety) issued a non-domiciled CDL,” FMCSA wrote.
South Dakota announced in October that it was temporarily halting the issuance of non-domiciled CDLs.
Texas letter
FMCSA told Texas Gov. Greg Abbott and Texas Department of Public Safety Director Col. Freeman F. Martin that nearly half of the driver records it reviewed granted non-domiciled CDLs for a time period beyond the individual’s lawful status in the U.S.
Specifically, the agency discovered the problem in 60 of the 123 driver records it reviewed. An example from June 2024 showed that a citizen from El Salvador was given a non-domiciled CDL with an expiration date of July 24, 2032. The driver’s Employment Authorization Document was set to expire in March 2025.
FMCSA also indicated that Texas improperly issued a regular CDL to an ineligible driver who was later involved in a March 2025 crash that claimed five lives.
“Department of Public Safety personnel erroneously determined that (the individual’s) indefinite employment authorization associated with the driver’s refugee status entitled the driver a regular CDL rather than a non-domiciled CDL,” FMCSA wrote.
Texas announced in September that it had suspended the issuance of non-domiciled CDLs and all CDLs to non-citizens who are refugees, asylees or Deferred Action for Childhood Arrivals recipients.
Washington letter
FMCSA informed Washington Gov. Bob Ferguson and Washington State Department of Licensing Director Marcus J. Glasper about several instances of improperly issued non-domiciled CDLs.
An example from June 2025 showed that Washington authorized a non-domiciled CDL to a citizen of Ukraine without verifying the individual’s lawful presence in the U.S.
Additionally, the agency said that Washington officials learned from an internal review that 685 non-domiciled drivers were incorrectly given regular CDLs or learner’s permits.
Following FMCSA’s interim final rule, Washington announced that it had stopped processing non-domiciled CDL transactions.
Trading blows with California
The DOT’s concerns with California’s lack of compliance has been well documented. In October, Duffy announced that FMCSA was withholding about $41 million from California for not complying with the agency’s English-proficiency standards.
Later that month, Duffy said that California could have prevented a fatal crash in the state if it had followed FMCSA’s emergency interim final rule.
The California State Transportation Agency pushed back, posting on the social media platform X that the state doesn’t decide whether a CDL applicant is eligible.
“MISINFORMATION ALERT: The state does not determine commercial driver’s license eligibility,” the state transportation agency wrote. “The FEDERAL government approves and renews all FEDERAL employment authorization documents that (allow) individuals to work and obtain commercial driver’s licenses.”
MISINFORMATION ALERT: The state does not determine commercial driver’s license eligibility. The FEDERAL government approves and renews all FEDERAL employment authorization documents that allows individuals to work and obtain commercial driver’s licenses.
— CalSTA (@CA_Trans_Agency) October 23, 2025
Additionally, Gov. Gavin Newsom has said that California CDL holders possess a fatal crash rate nearly 40% lower than the national average.
In September, the DOT announced that its audit into non-domiciled CDLs discovered systemic noncompliance from California, Colorado, Pennsylvania, South Dakota, Washington and Texas.
FMCSA didn’t immediately respond to Land Line’s questions about the letters, including whether one was sent to Pennsylvania. LL
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