The U.S. Department of Transportation has issued an emergency final rule that restricts the ability of non-citizens to obtain a commercial driver’s license (CDL), potentially resulting in the removal of up to 194,000 drivers from U.S. highways.
“Today’s actions will prevent unsafe foreign drivers from renewing their license and hold states accountable to immediately invalidate improperly issued licenses,” DOT Secretary Sean Duffy said.
Duffy said during a Sept. 26 press conference that the Federal Motor Carrier Safety Administration (FMCSA) has identified at least five fatal crashes involving non-domiciled CDL holders so far in 2025. That includes the high-profile fatal crash in Florida blamed on a truck driver licensed in California and believed to have been in the United States illegally.
The new rule only allows non-citizen drivers with H-2a, H-2b or E-2 visas to receive a CDL. It also calls for applicants to appear in person for each renewal and mandates additional steps states must take when issuing these credentials.
“The current regulatory framework does not provide a sufficient margin of safety to protect the traveling public,” according to the text of the rule.
Trucking groups, including American Trucking Associations and the Owner-Operator Independent Drivers Association, expressed support for the new rule and Trump administration’s efforts to assist U.S. truckers.
DOT downplays rule’s impact on freight capacity
FMCSA estimates there are 200,000 non-domiciled CDL holders, accounting for about 5% of the 3.8 million active CDL holders. With this new rule in place, FMCSA projects that states will issue 6,000 non-domiciled CDLs, and the remaining 194,000 will exit the freight market in the next two years after being unable to renew their licenses.
Duffy downplayed any concerns related to the freight industry’s ability to meet the demand to move goods. He said there are plenty of “great American drivers ready to act” and the new rule will provide them additional opportunities.
FMCSA said in the text of the rule that it “believes there will be a limited economic impact on the freight market and motor carriers.” It reviewed data from during and after the Covid-19 pandemic, and concluded the freight market tends to be “flexible and responsive to external factors.”
Duffy takes aim at California for licensing procedures
Duffy also used the press conference to single out California. He said about one in four non-domiciled CDLs issued by the state were not compliant with federal requirements.
Duffy threatened to withhold $160 million in federal highway funding unless California outlines steps over the next 30 days to come into compliance. Following the press conference, the office of California Gov. Gavin Newsom issued a statement taking issue with Duffy’s claims and stating that “California commercial driver’s license holders had a fatal crash rate nearly 40% lower than the national average.”
Colorado, Pennsylvania, South Dakota, Texas, and Washington are among the other states Duffy mentioned as having issued non-domiciled CDLs in violation of the regulatory requirements. Shortly after Duffy’s announcement, the Texas Department of Public Safety said it was suspending the issuance of non-domicile CDLs and non-domicile commercial learner’s permits.
During August, California, Washington, and New Mexico were notified by DOT that they could each lose millions of dollars in federal funding for failing to enforce English-language requirements for truckers. Late last week, California filed its response to DOT, outlining the reasons it believed it was in compliance with federal requirements.
The state also said it wanted to create a process for validating the English proficiency of drivers transferring a commercial license issued by another state and for reassessing commercial drivers cited for lack of English proficiency.
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