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
Key Takeaways:
- The Transportation Department declared a national emergency Sept. 26 after an audit found widespread failures in how states issue commercial driver licenses to noncitizens.
- New federal rules require in-person renewals, DHS verification of immigration status and license expirations tied to immigration documents, with California facing the steepest penalties.
- States must comply immediately or risk losing highway funds, while industry groups said the crackdown is necessary to protect safety without disrupting the supply chain.
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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 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 ýland 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 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 ,” Duffy said. “It’s very simple. Get into compliance now or we’ll pull funding and we’ll force you into compliance.”
(US Department of Transportation via YouTube)
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 “.”
“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.
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