Hundreds of commenters are taking the debate over whether DACA recipients should be allowed to receive a CDL directly to the Federal Motor Carrier Safety Administration.
Earlier this month, FMCSA published an exemption request related to Deferred Action for Childhood Arrivals recipients. Jenifer Sanchez Vilchis, a DACA recipient from California, seeks an immediate, temporary exemption allowing states to issue Class B CDLs to DACA holders.
FMCSA gave the public 30 days to comment on the exemption request.
The request was in response to the agency’s non-domiciled CDL rule that took effect in March. Under the rule, an Employment Authorization Document would no longer be enough to obtain a non-domiciled CDL. Additionally, asylum seekers, asylees, refugees and DACA recipients would be ineligible. FMCSA estimated that there were about 200,000 non-domiciled CDL holders and that the final rule would force about 194,000 to “exit the freight market.”
FMCSA said the rule is critical to highway safety because thousands of drivers were issued non-domiciled CDLs without proper vetting.
When a U.S. driver applies for a CDL, their driving history is reviewed. The agency contends that this is often not possible for applicants from other countries.
In her exemption request, Sanchez Vilchis said that California denied her application for a Class B CDL with passenger and school bus endorsements because of FMCSA’s non-domiciled CDL rule. She said the rule shouldn’t apply to bus drivers as FMCSA’s rule arose from incidents involving Class A tractor-trailers.
As of Wednesday, June 24, nearly 500 comments had been submitted to the Regulations.gov website. Many of them argue that DACA recipients should be treated differently from other non-domiciled CDLs because they have been in the United States since they were children.
“The agency’s rationale concerning the difficulties associated with obtaining driving records outside of U.S. jurisdiction do not apply to DACA recipients, including the applicant,” wrote Dalia Thornton of the American Federation of State, County and Municipal Employees. “Ms. Sanchez Vilchis maintains she has resided in the U.S. since the age of 1 and has no criminal record or traffic violations. Ms. Sanchez Vilchis’s experience is common: All DACA recipients arrived in the United States prior to turning 16, and one analysis estimates the average DACA recipient arrived much earlier, when they were just 7 years old.”
Many of the comments came from drivers at risk of losing their CDLs.
“I’m a DACA recipient, and I’m also a class B bus driver,” Oscar Rodriguez wrote. “I’ve been driving for almost eight years. I do not think that for other people’s actions, people like me should be responsible. I have a clean record, no citations, tickets or accidents. I think this shouldn’t affect any DACA recipients.”
Others pushed back against the exemption request.
“I do not believe this request for relief should be granted,” Mark Strunk wrote. “DACA people could have gone through the steps to get citizenship. (They) obviously do not want to put in the work for the privilege to become a U.S. citizen but want all of the benefits. If you grant this, then the next thing they will want is a class A exemption. There needs to be accountability. And thank you for finally providing some. Please keep it up.”
Earlier this month, plaintiffs representing DACA recipients like truck driver Jorge Rivera Lujan filed a brief with the U.S. Court of Appeals from the District of Columbia Circuit. The plaintiffs called FMCSA’s rule “arbitrary.”
How to comment
FMCSA will continue to accept comments on the Class B exemption request through July 2. To submit a comment, click here or go to Regulations.gov and enter Docket No. FMCSA-2025-0886. LL
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