Calling the current use of non-domiciled CDLs a “national emergency” and a “threat to public safety,” the U.S. Department of Transportation plans to drastically reduce eligibility.
The new system will make non-citizens ineligible for a non-domiciled CDL unless they meet stricter requirements, including an employment-based visa and a federal immigration status check.
During a news conference on Friday, Sept. 26, Transportation Secretary Sean Duffy said the changes are in response to a recent series of fatal crashes caused by non-domiciled drivers.
“We have a government system designed to keep families on the road safe, but that system has been compromised,” Duffy said. “I’m talking about non-domiciled commercial driver’s licenses that are issued across the country. 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. 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.”
The Federal Motor Carrier Safety Administration unveiled an interim final rule that is scheduled to be published in the Federal Register on Monday, Sept. 29.
“Through this interim final rule, FMCSA restores the integrity of the commercial driver’s license issuance process by significantly limiting the authority for state driver’s license agencies to issue and renew non-domiciled commercial learner’s permits (CLPs) and CDLs to individuals domiciled in a foreign jurisdiction,” the rule states. “This change strengthens the security of the CDL issuance process and enhances the safety of the commercial motor vehicle operations.”
Specifically, the rule:
- Limits individuals eligible for non-domiciled CLPs and CDLs to those maintaining lawful immigration status in certain employment-based nonimmigrant categories, certain individuals domiciled in a U.S. territory and individuals domiciled in a state that is prohibited from issuing CLPs or CDLs because the state’s CDL program is decertified
- Requires non-citizen applicants (except for lawful permanent residents) to provide an unexpired foreign passport and an unexpired arrival/departure record indicating one of the specified employment-based nonimmigrant categories at every issuance, transfer, renewal and upgrade action
- Requires state driver’s licensing agencies to query the Systematic Alien Verification for Entitlements System to verify the accuracy and legitimacy of provided documents and information
- Requires the state agencies to retain copies of the application documents for at least two years
- Requires the expiration date for any non-domiciled CLP or CDL to match the expiration date of the arrival/departure record or to expire in one year, whichever is sooner
- Requires the applicant to be present in person at each renewal
- Requires the state agency to downgrade the non-domiciled CLP or CDL if the state becomes aware that the person is no longer eligible
In June, the DOT announced a nationwide audit of states issuing non-domiciled CDLs.
According to the DOT, the audit discovered systemic non-compliance across several states, including California, Colorado, Pennsylvania, South Dakota, Washington and Texas. FMCSA said it discovered a “large number” of non-domiciled CDLs issued to drivers who were ineligible and whose licenses remained valid after their lawful presence in the U.S. expired.
“What our team has discovered should disturb and anger every American,” Duffy said. “Licenses to operate a massive 80,000-pound truck are being issued to dangerous foreign drivers – often times illegally. This is a direct threat to the safety of every family on the road, and I won’t stand for it. Today’s actions will prevent unsafe foreign drivers from renewing their license and hold states accountable to immediately invalidate improperly issued licenses.”
Duffy also announced direct enforcement against California. The state must immediately pause the issuance of non-domiciled CDLs and identify all non-domiciled CDLs that fail to comply with regulations.
The Owner-Operator Independent Drivers Association, which asked the DOT in August to suspend states’ authority to issue non-domiciled CDLs, was supportive of the new restrictions.
“OOIDA and truckers across America applaud Secretary Duffy for responding to our concerns by taking substantial actions to crack down on the irresponsible issuance of non-domiciled CDLs, particularly in California,” Association President Todd Spencer said. “For too long, loopholes in this program have allowed unqualified drivers onto America’s highways, creating unnecessary safety risks for professional drivers and the motoring public alike. These enforcement actions will also remove bad actors from the road and restore accountability to the system. Today’s action is an important step toward safer highways and a stronger, more professional trucking industry.”
How to comment
Once the interim final rule is published in the Federal Register, the public will have 60 days to comment. To do so, go to Regulations.gov and enter Docket No. FMCSA-2025-0622. LL
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