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Here’s What DOT’s Emergency CDL Ruling Means for Trucking
States Must Halt Noncitizen CDL Issuance Until Meeting New Federal Requirements; California Faces $160 Million Penalty
The Department of Transportation has declared a “national emergency” over states’ handling of commercial driver licenses for noncitizens, ordering immediate changes that could affect thousands of drivers and potentially reshape hiring practices across the trucking industry.
Transportation Secretary Sean Duffy announced Sept. 26 that a Federal Motor Carrier Safety Administration audit uncovered systemic failures in how multiple states issue non-domiciled CDLs and commercial learner’s permits to foreign nationals living in the United States.
What the New Rules Require
As of Sept. 26, an FMCSA interim final rule imposes strict requirements for noncitizens to obtain a CDL or CLP. The changes include limiting eligibility to those holding lawful status in the U.S. for certain employment-based, non-immigrant categories and eliminating online and mail-in renewals in favor of mandatory in-person renewals.
States issuing these licenses must now:
“All states must immediately pause the issuance of non-domiciled CDLs until they can comply with our new rules,” Duffy said. “It’s very simple. Get into compliance now or we’ll pull funding and we’ll force you into compliance.”
Which States Face the Most Scrutiny
California faces the harshest consequences. FMCSA auditors found 25% of California’s non-domiciled CDLs in violation of federal rules — what Duffy called the most “egregious” licensing situation of any state. California has issued 60,000 non-domiciled CDLs total, according to Duffy.
The secretary gave California 30 days to comply or face the loss of $160 million in federal highway funds, with the penalty doubling for a second year of noncompliance.
California must immediately:
Duffy also singled out Colorado, Pennsylvania, South Dakota, Texas and Washington for licensing failures, warning that any state found noncompliant could lose issuance authority. Why This Matters Now
The audit revealed widespread problems including CDLs and CLPs issued to ineligible drivers and licenses remaining valid years after holders’ legal U.S. stays had expired.
“There are many instances where states are not even verifying the underlying immigration documents, but they will now be required to use the federal state of immigration database to verify an applicant’s lawful status for every single issuance and renewal of a non-domiciled CDL. No exceptions,” said FMCSA Chief Counsel Jesse Elison.
Duffy emphasized the severity of the situation: “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.” Impact on the Industry
When asked whether removing illegal non-domiciled CDL holders would negatively affect the U.S. supply chain, Duffy expressed confidence there would be no disruptions.
“We have enough truckers to meet the demand in the industry. We feel very confident that there won’t be disruptions in the supply chain,” he said.
American Trucking Associations applauded the announcement as “both welcome and necessary.”
“Duffy’s actions today send a clear message: Safety and compliance aren’t optional,” ATA said in a statement. “USDOT is right to demand that states meet higher standards. Trucking carries nearly three-quarters of the nation’s freight, and the public deserves to know that anyone driving an 80,000-pound truck has been properly trained, vetted and cleared to be behind the wheel. But the system is only as strong as its weakest link. When one state takes shortcuts, it puts everyone at risk: other drivers, law-abiding carriers and the public at large.” Background on Non-Domiciled Licenses
All but a handful of states issue non-domiciled CDLs and CLPs, and all that do must follow specific FMCSA guidelines. Citizens of Mexico and Canada do not require non-domiciled CDLs or CLPs because the U.S. recognizes those countries’ commercial licenses.
Noël Fletcher
|Staff Reporter
Truck drivers from outside the US face new license restrictions as DOT threatens to withhold money from California
The Department of Transportation is imposing new limits to “drastically restrict” people from outside the United States from getting commercial driver’s licenses, and is threatening to withhold highway funds from states that don’t agree to comply.
“The process for issuing these licenses is absolutely, 100%, broken,” Transportation Secretary Sean Duffy said Friday in a news conference. “It has become a threat to public safety and it requires action right now.”
So called “non-domiciled” commercial licenses allow people who are not US citizens or permanent residents to get a license to drive vehicles, including large transport trucks. They do not apply to Mexican or Canadian citizens, who are permitted under a different process.
Friday, Duffy announced a new “emergency rule” which goes into effect immediately, forcing states to “pause” issuing the non-domiciled licenses until they can comply with the new restrictions.
Prospective drivers must now meet stricter rules including providing an unexpired foreign passport and specific visas allowing the driver to work in the United States. Licenses must expire within one year, or the same date as the work authorization, whichever comes first. People not in the country legally cannot be issued licenses.
“Current federal regulations are allowing dangerous, unqualified drivers on American roadways,” Duffy said. “This means that, even when the rules are being followed, dangerous individuals who shouldn’t be near a big rig are getting behind the wheel and causing crashes on our roadways.”
The rule does not revoke anyone’s license who already has a CDL, however Duffy said they are looking at ways to make it retroactive.
“States are failing to follow even the most basic procedures,” Duffy said. “Thousands of licenses that should never have been issued actually were issued.”
He cited several recent crashes involving non-domiciled truck drivers, including one in Texas in March where a truck driver failed to stop at a traffic slowdown, causing a chain-reaction crash that killed five people. This week the driver was indicted for 22 counts, including manslaughter.
In August on the Florida Turnpike a truck driver making an illegal U-turn was hit by a minivan, killing the three people inside. The Trump administration said the truck driver was in the US illegally and was issued a work permit and driver’s license by the state of California. He was charged with three counts of vehicular manslaughter.
California is one of 19 states, in addition to the District of Columbia, that issues licenses regardless of immigration status, which Duffy called “deeply disturbing.”
The Department of Transportation announced additional enforcement action against the state of California for what it says is the state continuing to issue licenses illegally under the current federal standards.
Federal Motor Carrier Safety Administration investigators found a quarter of all non-domiciled CDLs they reviewed in the state from June were not issued in accordance with current federal rules.
Duffy cited one example where California gave a driver from Brazil a license to drive a school bus for months after his legal presence in the country expired. In two other examples he said drivers who should not have been eligible for a license were given ones that extended for years after their work authorization expired.
“It shows a reckless disregard for safety in California, and they should be ashamed of themselves,” Duffy said. “If California doesn’t comply, we’re going to withhold federal highway funds.”
The DOT says California has 30 days to fix these problems, including immediately pausing issuing non-domiciled CDLs, auditing the licenses and reissuing CDLs which were not issued in accordance of the law.
If the state does not comply the federal government will withhold $160 million in highway funds, doubling the total if it continues into a second year.
The state will respond to the letter in due course, a spokesperson for California Gov. Gavin Newsom told CNN, but noted the state’s accident records.
“California commercial driver’s license holders had a fatal crash rate nearly 40% LOWER than the national average,” the governor’s Deputy Director of Communications Diana Crofts-Pelayo said. “Texas — the only state with more commercial holders — has a rate almost 50% higher than California.”
Earlier this week the California State Transportation Agency responded to the DOT, which proposed sanctions in August for the state not properly requiring CDL drivers to speak English.
“California’s laws, regulations, standards, and orders are either identical to or have the same effect as the federal safety requirements,” Alicia Fowler, the agency’s general counsel, wrote. “California has complied and will continue to comply with applicable federal laws and regulations.”
Duffy said the actions taken Friday against California should serve as a warning to any other state that is not following the law.
“Our team identified non-domiciled CDLs that were issued improperly in Colorado, Pennsylvania, South Dakota, Texas and in Washington. Those states should know that enforcement actions against them are forthcoming,” he said. “My message, it’s very simple, get into compliance now, or we’ll pull funding and we’ll force you into compliance.”
By
Aaron Cooper
States Must Halt Noncitizen CDL Issuance Until Meeting New Federal Requirements; California Faces $160 Million Penalty
The Department of Transportation has declared a “national emergency” over states’ handling of commercial driver licenses for noncitizens, ordering immediate changes that could affect thousands of drivers and potentially reshape hiring practices across the trucking industry.
Transportation Secretary Sean Duffy announced Sept. 26 that a Federal Motor Carrier Safety Administration audit uncovered systemic failures in how multiple states issue non-domiciled CDLs and commercial learner’s permits to foreign nationals living in the United States.
What the New Rules Require
As of Sept. 26, an FMCSA interim final rule imposes strict requirements for noncitizens to obtain a CDL or CLP. The changes include limiting eligibility to those holding lawful status in the U.S. for certain employment-based, non-immigrant categories and eliminating online and mail-in renewals in favor of mandatory in-person renewals.
States issuing these licenses must now:
- Verify applicant documents through the Department of Homeland Security’s Systematic Alien Verification for Entitlements system.
- Keep non-domiciled application documents for at least two years.
- Match non-domiciled CDL/CLP expiration dates with U.S. Immigration Form I-94/94A expiration dates or set licenses to expire in one year, whichever is sooner.
- Downgrade non-domiciled CDLs/CLPs if drivers become ineligible.
“All states must immediately pause the issuance of non-domiciled CDLs until they can comply with our new rules,” Duffy said. “It’s very simple. Get into compliance now or we’ll pull funding and we’ll force you into compliance.”
Which States Face the Most Scrutiny
California faces the harshest consequences. FMCSA auditors found 25% of California’s non-domiciled CDLs in violation of federal rules — what Duffy called the most “egregious” licensing situation of any state. California has issued 60,000 non-domiciled CDLs total, according to Duffy.
The secretary gave California 30 days to comply or face the loss of $160 million in federal highway funds, with the penalty doubling for a second year of noncompliance.
California must immediately:
- Pause issuance of non-domiciled CDLs.
- Identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations.
- Revoke all noncompliant non-domiciled CDLs and reissue those that comply with the new federal requirements.
Duffy also singled out Colorado, Pennsylvania, South Dakota, Texas and Washington for licensing failures, warning that any state found noncompliant could lose issuance authority. Why This Matters Now
The audit revealed widespread problems including CDLs and CLPs issued to ineligible drivers and licenses remaining valid years after holders’ legal U.S. stays had expired.
“There are many instances where states are not even verifying the underlying immigration documents, but they will now be required to use the federal state of immigration database to verify an applicant’s lawful status for every single issuance and renewal of a non-domiciled CDL. No exceptions,” said FMCSA Chief Counsel Jesse Elison.
Duffy emphasized the severity of the situation: “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.” Impact on the Industry
When asked whether removing illegal non-domiciled CDL holders would negatively affect the U.S. supply chain, Duffy expressed confidence there would be no disruptions.
“We have enough truckers to meet the demand in the industry. We feel very confident that there won’t be disruptions in the supply chain,” he said.
American Trucking Associations applauded the announcement as “both welcome and necessary.”
“Duffy’s actions today send a clear message: Safety and compliance aren’t optional,” ATA said in a statement. “USDOT is right to demand that states meet higher standards. Trucking carries nearly three-quarters of the nation’s freight, and the public deserves to know that anyone driving an 80,000-pound truck has been properly trained, vetted and cleared to be behind the wheel. But the system is only as strong as its weakest link. When one state takes shortcuts, it puts everyone at risk: other drivers, law-abiding carriers and the public at large.” Background on Non-Domiciled Licenses
All but a handful of states issue non-domiciled CDLs and CLPs, and all that do must follow specific FMCSA guidelines. Citizens of Mexico and Canada do not require non-domiciled CDLs or CLPs because the U.S. recognizes those countries’ commercial licenses.
Noël Fletcher
|Staff Reporter
Truck drivers from outside the US face new license restrictions as DOT threatens to withhold money from California
The Department of Transportation is imposing new limits to “drastically restrict” people from outside the United States from getting commercial driver’s licenses, and is threatening to withhold highway funds from states that don’t agree to comply.
“The process for issuing these licenses is absolutely, 100%, broken,” Transportation Secretary Sean Duffy said Friday in a news conference. “It has become a threat to public safety and it requires action right now.”
So called “non-domiciled” commercial licenses allow people who are not US citizens or permanent residents to get a license to drive vehicles, including large transport trucks. They do not apply to Mexican or Canadian citizens, who are permitted under a different process.
Friday, Duffy announced a new “emergency rule” which goes into effect immediately, forcing states to “pause” issuing the non-domiciled licenses until they can comply with the new restrictions.
Prospective drivers must now meet stricter rules including providing an unexpired foreign passport and specific visas allowing the driver to work in the United States. Licenses must expire within one year, or the same date as the work authorization, whichever comes first. People not in the country legally cannot be issued licenses.
“Current federal regulations are allowing dangerous, unqualified drivers on American roadways,” Duffy said. “This means that, even when the rules are being followed, dangerous individuals who shouldn’t be near a big rig are getting behind the wheel and causing crashes on our roadways.”
The rule does not revoke anyone’s license who already has a CDL, however Duffy said they are looking at ways to make it retroactive.
“States are failing to follow even the most basic procedures,” Duffy said. “Thousands of licenses that should never have been issued actually were issued.”
He cited several recent crashes involving non-domiciled truck drivers, including one in Texas in March where a truck driver failed to stop at a traffic slowdown, causing a chain-reaction crash that killed five people. This week the driver was indicted for 22 counts, including manslaughter.
In August on the Florida Turnpike a truck driver making an illegal U-turn was hit by a minivan, killing the three people inside. The Trump administration said the truck driver was in the US illegally and was issued a work permit and driver’s license by the state of California. He was charged with three counts of vehicular manslaughter.
California is one of 19 states, in addition to the District of Columbia, that issues licenses regardless of immigration status, which Duffy called “deeply disturbing.”
The Department of Transportation announced additional enforcement action against the state of California for what it says is the state continuing to issue licenses illegally under the current federal standards.
Federal Motor Carrier Safety Administration investigators found a quarter of all non-domiciled CDLs they reviewed in the state from June were not issued in accordance with current federal rules.
Duffy cited one example where California gave a driver from Brazil a license to drive a school bus for months after his legal presence in the country expired. In two other examples he said drivers who should not have been eligible for a license were given ones that extended for years after their work authorization expired.
“It shows a reckless disregard for safety in California, and they should be ashamed of themselves,” Duffy said. “If California doesn’t comply, we’re going to withhold federal highway funds.”
The DOT says California has 30 days to fix these problems, including immediately pausing issuing non-domiciled CDLs, auditing the licenses and reissuing CDLs which were not issued in accordance of the law.
If the state does not comply the federal government will withhold $160 million in highway funds, doubling the total if it continues into a second year.
The state will respond to the letter in due course, a spokesperson for California Gov. Gavin Newsom told CNN, but noted the state’s accident records.
“California commercial driver’s license holders had a fatal crash rate nearly 40% LOWER than the national average,” the governor’s Deputy Director of Communications Diana Crofts-Pelayo said. “Texas — the only state with more commercial holders — has a rate almost 50% higher than California.”
Earlier this week the California State Transportation Agency responded to the DOT, which proposed sanctions in August for the state not properly requiring CDL drivers to speak English.
“California’s laws, regulations, standards, and orders are either identical to or have the same effect as the federal safety requirements,” Alicia Fowler, the agency’s general counsel, wrote. “California has complied and will continue to comply with applicable federal laws and regulations.”
Duffy said the actions taken Friday against California should serve as a warning to any other state that is not following the law.
“Our team identified non-domiciled CDLs that were issued improperly in Colorado, Pennsylvania, South Dakota, Texas and in Washington. Those states should know that enforcement actions against them are forthcoming,” he said. “My message, it’s very simple, get into compliance now, or we’ll pull funding and we’ll force you into compliance.”
By
Aaron Cooper