The Federal Motor Carrier Safety Administration says its updated final rule on non-domiciled CDLs will close a loophole that was exploited by thousands of unvetted and unqualified drivers.
FMCSA announced the new rule earlier this week, and it was published in the Federal Register on Friday, Feb. 13. It is scheduled to take effect on March 16.
“This final rule closes a critical safety gap in the nation’s commercial driver’s licensing system that has manifested in two ways: (1) the issuance of licenses to individuals whose safety fitness cannot be adequately verified by state driver’s licensing agencies; and (2) the reliance on Employment Authorization Documents to demonstrate eligibility for a non-domiciled CDL, which has proven administratively unworkable and resulted in widespread regulatory non-compliance,” the agency wrote.
While U.S. CDL applicants are subject to strict checks for past violations, such as DUI, reckless driving or at-fault crashes, states have issued non-domiciled CDLs without conducting background checks.
“This effectively shielded unsafe driving behaviors – including serious violations or fatal crashes – simply because they occurred outside the reach of U.S. databases,” FMCSA wrote.
Under the rule, an Employment Authorization Document 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 ineligible.
FMCSA estimates that there are currently about 200,000 non-domiciled CDL holders and that the final rule will force about 194,000 to “exit the freight market.”
Updated rule
FMCSA issued an emergency interim final rule in September 2025. The rule took effect immediately as the agency cited concerns that many non-domiciled CDL holders aren’t properly vetted or don’t meet federal qualification standards.
A lawsuit involving truck driver Jorge Rivera Luan put the rule on hold, forcing FMCSA to pause the effective date and go through the typical rulemaking process.
So, the agency had to wait to review more than 8,000 public comments before determining how to proceed.
While the updated final rule makes few changes from the one submitted in September 2025, the agency places increased focus on concerns about the lack of vetting for current non-domiciled CDL holders. The rule also replaces a complex framework for the issuance of non-domiciled CDLs to DACA recipients and other EAD holders with a “bright-line” eligibility standard.
“To restore system integrity, FMCSA now requires an unexpired foreign passport and an I-94 corresponding to a specific valid employment-based non-immigrant status,” the agency wrote. “This objective standard eliminates the burden on SDLAs to interpret complex immigration codes.”
Crashes cited
Saying that unvetted drivers pose a safety concern, FMCSA pointed to 17 fatal crashes in 2025 “that were caused by actions of non-domiciled CDL holders whose fitness could not be ensured and thus would be ineligible under this new rule.” The agency said these crashes resulted in 30 fatalities and numerous severe injuries.
“Ultimately, this rule aligns the issuance of non-domiciled CDLs with FMCSA’s statutory mandate to ‘ensure the fitness’ of commercial motor vehicle operators,” the agency wrote. “By limiting eligibility to statuses subject to consular vetting and interagency screening, FMCSA closes a significant safety gap, solves the bifurcated standard and prioritizes the safety of the traveling public.”
The Owner-Operator Independent Drivers Association said it supports FMCSA’s efforts to reform a system that was allowing too many unqualified drivers on the road.
“OOIDA and truckers across America support the Trump administration’s continued actions to crack down on the issuance of non-domiciled CDLs,” Association President Todd Spencer said. “For too long, loopholes in this program have allowed unqualified drivers onto our highways, putting professional truckers and the motoring public at risk. This final rule is a major step toward safer roads, stronger accountability and a more professional trucking industry.”
What’s next?
Although the final rule is scheduled to take effect next month, pushback is expected. Lawsuits have already been filed, and a future administration could revert to previous policies on non-domiciled CDLs.
The latter is why proponents of FMCSA’s rule want Congress to make it into law. In late 2025, Rep. David Rouzer, R-N.C., introduced the Non-Domiciled CDL Integrity Act. Simply, it takes the Trump Administration’s non-domiciled CDL policy and codifies it into law. Passing HR5688 would make any attempt to change the rule much more difficult.
“Because this policy exists as a regulation, it remains vulnerable to legal challenge or reversal under a future administration,” Spencer said. “Congress should act to make these safety reforms permanent. OOIDA urges swift passage of Rep. Rouzer’s Non-Domiciled CDL Integrity Act so these common-sense protections are written into law and cannot be undone.”
Legal battles are also expected.
On Oct. 20, 2025, the Public Citizen Litigation Group, the American Federation of Teachers and American Federation of State, County and Municipal Employees filed a lawsuit against FMCSA on behalf of Rivera Lujan, a DACA recipient who has worked as a truck driver for 11 years.
“This unlawful rule seems intended to put people authorized to work in the United States out of work, solely because of the prejudices of the Trump administration,” Wendy Liu, attorney at Public Citizen Litigation Group, said when the lawsuit was filed in October. “We are asking the court to promptly invalidate the rule to prevent devastating consequences for our clients and the hundreds of thousands of people across the country who depend on commercial driver’s licenses for their livelihoods.”
In December 2025, the Sikh Coalition filed a class-action lawsuit against the California Department of Motor Vehicles on behalf of drivers who were scheduled to lose their CDLs.
In comments filed to FMCSA, the group said the interim final rule has had a “devastating impact” on Sikhs, as trucking is one of the most popular professions among the community.
“This rule has spread fear throughout the Sikh trucker community, effectively undermining drivers’ sense of safety and belonging, despite many having contributed to the profession for decades,” the Sikh Coalition wrote. “These calamitous consequences exemplify the danger of wrongfully assigning blame for the actions of a few individuals to entire communities, as FMCSA has done through this rule.”
Land Line’s attempts to reach the Public Citizen Litigation Group and the Sikh Coalition for comment about the updated final rule weren’t successful. LL
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