Washington, D.C. — September 26, 2025
The U.S. Department of Transportation (DOT) has taken sweeping emergency action to tighten regulations around commercial driver’s licenses (CDLs) for non-U.S. citizens. The move comes after a nationwide audit exposed widespread irregularities in how states issued so-called non-domiciled CDLs, and amid growing safety concerns tied to immigrant drivers on American highways.
The Emergency Rule
Transportation Secretary Sean P. Duffy announced that, effective immediately, states must pause the issuance of non-domiciled commercial licenses until they meet new federal standards. Under the rule:
- Only applicants with specific visas such as H-2A, H-2B, or E-2 visas will qualify. Work permits or employment authorization documents alone will no longer be sufficient.
- All applicants must pass a federal immigration status check through the SAVE system to verify lawful presence.
- Licenses will be valid for no more than one year, or until the holder’s visa expires, whichever comes first.
States failing to comply risk losing federal highway funds, with California already singled out for immediate enforcement.
Audit Findings & Safety Concerns
The emergency order follows a Federal Motor Carrier Safety Administration (FMCSA) audit that uncovered serious compliance issues. In California, more than a quarter of reviewed licenses were deemed improperly issued, with some remaining valid long after the driver’s lawful presence had expired.
Other states flagged include Colorado, Pennsylvania, South Dakota, Texas, and Washington.
Federal officials said the urgency of the rule was triggered in part by at least five fatal crashes this year involving non-domiciled CDL holders. The DOT argues that loopholes in the system had allowed unverified or unauthorized drivers to legally operate 18-wheelers and buses on U.S. roads.
Political & Regulatory Backdrop
The announcement comes months after the White House issued an executive order directing agencies to enforce English proficiency standards and strengthen vetting for commercial drivers. Secretary Duffy framed the move as both a safety measure and a national security priority.
“This is about protecting America’s roads and ensuring that every driver behind the wheel of a semi-truck or bus is fully vetted, fully qualified, and legally present,” Duffy said.
Impact on States & Drivers
The new rule affects roughly 190,000 non-domiciled CDL holders nationwide. Current licenses remain valid until renewal, but future reissuance must comply with the new requirements. States like California are now required to identify, revoke, and reissue noncompliant licenses, a process that could prove costly and politically contentious.
If California fails to act, the state could lose up to $160 million in federal highway funding in the first year, with penalties doubling in subsequent years.
Industry Reaction
Trucking industry leaders warn the rule could tighten an already strained labor market. Many carriers rely on immigrant drivers to fill shortages, especially in long-haul and agricultural transport. At the same time, industry groups acknowledge the need for stricter oversight to ensure highway safety.
Legal challenges are also expected, as states push back against what they may see as federal overreach into licensing authority.
Looking Ahead
For now, the DOT insists the changes are non-negotiable. Enforcement teams have been dispatched to ensure compliance, and officials say states that fail to act risk both federal funding and increased scrutiny.
The move marks one of the most aggressive transportation crackdowns in years, signaling that the debate over immigration and safety on America’s roads is far from over.
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