DOT restricts non-domiciled CDLs in emergency rule
The Transportation Department on Sept. 26, 2025, issued an interim final rule sharply limiting which non-citizens can hold a commercial driver's license.
U.S. Transportation Secretary Sean P. Duffy on Sept. 26, 2025, announced an emergency rule restricting who is eligible for non-domiciled commercial learner's permits and commercial driver's licenses.
The interim final rule took effect immediately, without the comment period of a typical rulemaking, Overdrive reported.
The rule
Under the rule, non-citizens are not eligible for a non-domiciled CDL unless they meet a stricter set of requirements, including holding an employment-based visa and passing a mandatory federal immigration status check through the SAVE system, the Federal Motor Carrier Safety Administration said.
Overdrive reported that FMCSA found about 200,000 non-domiciled CDL holders and about 20,000 non-domiciled CLP holders. Holders would have to renew their licenses in person annually, and FMCSA expected 194,000 of them would not qualify within two years, according to Overdrive.
The audit
FMCSA said a nationwide audit found systemic noncompliance across several states. In California, it said, more than 25% of non-domiciled CDLs reviewed were improperly issued.
Colorado, Pennsylvania, South Dakota, Texas and Washington were also identified as having licensing patterns inconsistent with federal regulations.
FMCSA also cited at least five fatal crashes since January involving non-domiciled CDL holders.
"Licenses to operate a massive, 80,000-pound truck are being issued to dangerous foreign drivers – often times illegally," Duffy said.
California
Duffy ordered California to pause issuing non-domiciled CDLs, identify all unexpired ones that did not comply with FMCSA regulations, and revoke and reissue noncompliant licenses if the holders met the new requirements.
The state had 30 days to comply or FMCSA would withhold federal highway funds, starting at nearly $160 million in the first year and doubling in the second, the agency said.
Later developments
On Nov. 13, 2025, the U.S. Court of Appeals for the District of Columbia Circuit stayed the interim final rule pending review, FMCSA said.
What it meant for carriers
Overdrive reported that states issuing non-domiciled CDLs and CLPs had to pause issuance until they could ensure compliance with the updated regulations. FMCSA expected 194,000 current non-domiciled CDL holders would not qualify within two years, according to Overdrive.