SPRINGFIELD, Ill.; WASHINGTON D.C., — After U.S. Department of Transportation Secretary Sean Duffy announced Illinois is in danger of losing $128M in federal funding over alleged illegal CDLs, the state is firing back.
According to an USDOT press release, the Federal Motor Carrier Safety Administration’s (FMCSA) review of Illinois’ non-domiciled commercial driver’s licenses (CDLs) program found nearly 1-in-5 licenses to have been issued illegally. Illinois has 30 days to come into compliance and revoke the illegally issued licenses—or risk losing $128 million in federal highway funding.
“I need our state partners to understand that they work for the American people, not illegal immigrants who broke the law illegally entering our country and continue to break it by operating massive big rigs without the proper qualifications,” Duffy said.
A Warning to Illinois
In a letter sent to Governor JB Pritzker and Illinois Director of Driver Services Kevin Duesterhaus, FMCSA outlined the audit’s findings of how the state illegally issued non-domiciled CDLs to:
- Drivers whose licenses were valid long after their lawful presence in the U.S. expired.
- Drivers without Illinois first verifying the individual’s lawful presence in the U.S.
USDOT is now demanding that Illinois take the following corrective measures to avoid funding being withheld:
- Immediately pause issuance of non-domiciled CDLs.
- Identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations.
- Revoke and reissue all noncompliant non-domiciled CDLs if they comply with the federal requirements.
- Conduct a comprehensive internal audit to identify all procedural and programming errors, training and quality assurance problems, insufficient policies and practices, and other issues that have resulted in the issuance of non-domiciled CDLs that did not meet Federal rules.
Illinois Condemns the Trump Administration’s Assertions
“A strong economy depends on strong logistics,” said Alexi Giannoulias, Secretary of State. “If trucks don’t move, supply chains fail, prices rise and families feel it in their pocketbooks. We can see the actions by the Trump administration taking their toll on our truckers and our farmers, both of whom are essential to Illinois’ economy.”
Illinois had already adopted the use of the SAVE system to verify the lawful immigration status for all non-domiciled CDL applicants before the FMCSA’s interim rule was announced last year. The Secretary of State’s office has also adopted additional safeguards to retain and validate application documents.
“The Secretary of State’s office believes its CDL issuance policies and practices are substantially compliant with applicable FMCSA requirements and will not justify cutting federal highway funding,” the office said in a press release. “The office intends to conduct a review of the FMCSA findings.”
Background
Since the interim final rule was published by the FMCSA, Illinois – along with most other states – paused issuing and renewing non-domiciled CDLs despite its compliance with federal and state laws and regulations. At least 24 jurisdictions remain on pause for issuance and renewal of CDLs. The rule would also allow most non-domiciled CDLs to expire, without possibility of renewal, within a two-year period.
Illinois, along with 23 other states and the District of Columbia, have received similar findings by FMCSA, which has threatened to withhold federal funds and decertify their CDL programs in each of the states.
According to federal guidelines, non-domiciled residents seeking a CDL must show proof of legal status in the U.S. They could present an Employment Authorization Document (EAD) or an I94 with a valid foreign passport. In its letter, FMCSA fails to recognize an extension granted to EAD holders.
The federal government’s policy on processing backlogged EAD renewals called for extending the validity of existing EADs. The policy existed until October 31, 2025.
A Threat to Agriculture
In January, the Illinois Agricultural Association, representing multiple agricultural-based organizations in the state, wrote to Giannoulias expressing “serious concern” regarding the pause in issuing CDLs and stating the federal agency’s “decision is having immediate and growing negative impacts on agricultural operations across the state and threatens to disrupt critical spring and early-season activities.”
“Illinois agriculture depends on timely, practical and legally sound regulatory decisions,” the letter said. “Continued uncertainty places employers, workers and food production systems at unnecessary risk.”
The letter, was signed by eight associations, including the Illinois Farm Bureau.
“We believe a prompt resolution is both achievable and essential,” the letter said.
Reliable Delivery Essential to Meet Consumer Demand
The growth of non-domiciled CDLs has coincided with the explosive increase of e-commerce and the massive shift to online retail, which has made fast and reliable delivery essential to meet consumer demand, according to a press release from Giannoulias’ office.
“Commercial driver’s licenses are the backbone of Illinois’ trucking industry and the supply chain that keeps our state moving, including the vital transportation network that supports our agriculture community,” said Matt Hart, executive director of the Illinois Trucking Association. “Ensuring that qualified, capable drivers have a clear and accessible path to earning a CDL in Illinois is essential to maintaining a safe, strong and reliable workforce that delivers for farmers, businesses and families across our state. The pause on the non-domiciled CDL creates uncertainty for the industry that is already stretched thin and puts many in limbo. For many drivers, especially owner-operators, their CDL isn’t just a credential – it’s their livelihood.”
In November 2025, a federal appeals court placed a temporary administrative stay on the rule, but in February, FMSCA published a final rule that will again significantly limit the individuals eligible for a non-domiciled CDL. A resolution is not expected soon as litigation is likely to continue.
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
