Trucking industry employees and especially drivers are keeping a close eye on the emergency interim final rule on non-domiciled drivers issued by the Department of Transportation.
Published in the Federal Register on Sept. 29, the ruling would tighten restrictions on the granting of Commercial Drivers Licenses (CDLs) or Commercial Learners Permits (CLPs) to immigrants to the U.S.
The effect of the ruling was predicted to be the removal of 194,000 truck drivers from the nation’s highways. A District of Columbia U.S. Court of Appeals issued a temporary stay of the ruling on November 13, pausing enforcement of the rule while a legal challenge is considered. The three-judge panel agreed with arguments that FMCSA had not followed prescribed procedure in issuing the rule because they had not consulted with the states first and had not shown that the change would result in improved safety.
The judges, with one dissenting, seemed likely to side with the petitioners as the case proceeds, but an appeal would undoubtedly follow.
In the meantime, some states have already made changes to their CDL issuing policies and some carriers are changing their hiring practices to comply with the interim rule, even as it can’t be legally enforced.
How to interpret and enforce
Like many regulations, the interim rule is subject to misinterpretation by the general public and others. It does not ban non-U.S. citizens from receiving a CDL or CLP but it does tighten up the process. Immigrants who are in the country illegally are not eligible for a CDL. Several states, however, have passed laws that mandate issuing drivers licenses regardless of immigration status, and some issuing agencies have expanded those policies to include CDLs.
The interim rule would limit individuals eligible for non-domiciled CDLs to “foreign individuals in lawful status.”
The ruling also specifies which documents are acceptable as proof of authorization to be in the U.S., specifying a foreign passport and an unexpired Form I-94/94A Arrival/Departure Record that displays a specified, employment-based category (H2-B, H2-A, and E-2). The documents must be displayed each time the applicant applies for the issue, transfer, renewal or upgrade of a CDL or CLP.
In addition, states would be required to query the Systematic Alien Verification for Entitlements (SAVE) system administered by the U.S. Citizenship and Immigration Services to verify the accuracy and legitimacy of the documents shown.
The applicant must apply in person; no renewals by mail or proxy would be allowed. Finally, the expiration date of any CDL or CLP issued has to be on or before the expiration of any immigration documents.
The fallout
The publishing of the interim rule ignited a firestorm of criticism from California governor Gavin Newsom, mostly centered around an August 12 fatality crash in Florida caused by an immigrant who was in the country illegally and was licensed in California. The driver made an illegal U-turn on the Florida’s Turnpike, turning in front of a minivan which crashed into the trailer, killing three. He was arrested after retuning to California. Newsome explained that the state Department of Motor Vehicles had verified the driver’s immigration status through the federal government, denying any wrongdoing on the part of the state.
On November 12, DOT Secretary Sean Duffy said he had identified 17,000 illegally issued CDLS from California, forcing the state to revoke them. It is unclear how the latest court ruling in Washington will impact the reissue of those licenses.
Also making news was a CDL granted to an immigrant from New York that provided “No Name Given” as a last name. The Oklahoma Highway Patrol arrested the driver at a routine weigh station stop on I-40. He had entered the U.S. illegally in 2023.
New York state has a “Green Light Law” that allows any New Yorker aged 16 or older to apply for a drivers license, regardless of immigration status. The law does not address CDLs or CLPs, which are subject to federal rules, but somehow the driver received one anyway.
As for the name, people in some parts of the world aren’t given first and last names and sometimes go by a single name. The arrested driver had given his name as “Anmol.” The U.S. Citizenship and Immigration Services website states that, in such cases, “No Name Given” may be used as the first (given) name while the name provided is used as the last (family) name. While his immigration status clearly did not allow issuance of a CDL, it appears that the name was used correctly.
Another issue with the license, however, was the expiration date of May 26, 2028. It showed a restriction of “A1E,” indicating that the immigrant was a “temporary visitor,” a designation typically used for diplomats and other foreign officials in the U.S. for official duties on behalf of their government. The interim rule issued by the DOT would have prohibited issuing the CDL both because of the driver’s illegal status and because of the type of visa used.
Finally, the license in question, with a star in the upper right corner, was a REAL ID. To obtain a REAL ID, applicants are required to display a social security card, proof of lawful status and two documents that prove residence.
While the squabbles continue, the Trump Administration is attempting to use the withholding of federal funding as a compliance incentive. In October, the DOT announced it was withholding $40 million from California due to the state’s non-compliance with English Language Proficiency standards. More recently, on November 20 the Administration threatened to withhold $75 million in funds from the Commonwealth of Pennsylvania over that state’s handling of its CDL program.
The latest brouhaha erupted when a driver and suspected terrorist illegally in the U.S. from Uzbekistan was arrested in Kansas with a Pennsylvania CDL. Governor Shapiro claimed that his name appeared in a DHS database of noncitizens with work permits, but DHS claimed that wasn’t proof of legal immigration status.
Clearly, CDL and CLP issues still need resolution and cooperation between the FMCSA and individual states would be a place to start. That is, if the courts permit it.
A one-pager on the emergency interim rule issued by the DOT can be found here.
Cliff Abbott is an experienced commercial vehicle driver and owner-operator who still holds a CDL in his home state of Alabama. In nearly 40 years in trucking, he’s been an instructor and trainer and has managed safety and recruiting operations for several carriers. Having never lost his love of the road, Cliff has written a book and hundreds of songs and has been writing for The Trucker for more than a decade.
you kidding me you let a person into USA who never been in a truck hauling 80000 lbs and turn him lose on the hiways with unsuspecting public there have been multiple deadly crashes especially my state colorado
it’s common sense if you can’t read English, you can’t drive in the United States. you violated the law you go to jail. it’s that simple.
Again why do state courts think they can overrule the president and federal courts when we know how that turned out the last time????!!!!
Aren’t liberals great? Again, stopping common sense. An illegal immigrant that cannot read or speak English on our highways, driving a 80,000 lb bomb.
Its almost as good as open borders, letting illegals vote, give them our tax money to help them with everything, and then let men dominate girls in girls sports! Brilliant!!!
No wonder libs got destroyed in last years election.
foreigners are destroying the industry, bankrupting quality carriers that follow the rules and regulations. the only foreigners that should be on American roads are Canadians and Mexicans, and at that following the one load in one load out rule. These other foreigners are destroying the industry, killing hundreds of innocent motorists, and degrading the entire industry. take every single one off the road now!
The ones Hollering are the Mega Carriers, bottom FEEDERS who rather put a Non-English speaking IDIOT behind the wheel of a Truck and let that individual go out and Injure, or Kill someone who just happened to be there at try he wrong place, I understand there’s a Shortage of American Truck Driver’s, but that’s due to the lack of Home Time and PAY, but the Carriers and Broker’s make all the Money, until this is fixed the Mega Carrier’s will continue to apply for outside Truck Driver’s who know SHIT and allow them to roam the US putting people’s lives in DANGER or in a COFFIN
Stupidity is affiliated with the the Republicans as well as Democrats and our “highway hero” Darin is very niave to think other wise. Gotta think b4 you put your thoughts in gear. Hello, anybody home in there?
Truck driver for 26 years, accumulated 4 million unobstructed safe miles, and the input here is simple for me. … We start out in life with pictures in our learning process. Then we go to reading and learning words. It is important that we understand reading, especially when it comes to understanding directions like when we buy something to assemble.
If you do not, and cannot comprehend words, and rely on a GPS set up in a given language of your choice, while driving in a country with a predominant English set up…you are endangering lives… Here’s an example: A flashing sign that gives a warning of a turn CLOSED or a LANE closed will not show up on a GPS. Confusion sets in on a driver from the UKRAINE sitting on top of an 80,000 truck in a confused state. NOT RIGHT. IT’s JUST NOT RIGHT TO ALLOW THIS PERSON ON THE ROAD
There is no shortage of truck drivers but there is a shortage of drivers willing to work for free or sweatshop wages. Most of the carriers that hire these non English speaking individuals aren’t concerned with safety just get a warm body to drive and make a quick buck.
Cdl’s, like immigration are controlled by the FEDERAL GOVERNMENT & not by state or local governments. The way the are behaving is beyond ridiculous & must be harshly rectified.
A foreign driver on 90 toll road in Ohio, Aug 2024, was doing 80mph & ran into a line of stopped traffic. Before he did this, 3 police cars passed us in normal traffic at a high rate of speed, obvious something was amiss. A few minutes later traffic stopped. After stopped, looked in my driver mirror & saw a semi going so fast, knew he would not stop & cars were in between he & I. I too was in a semi, pulling doubles. I tried to pull off to the right, to avoid cars being smashed between he & I. I did not make it far & he hit me. He hit me hard enough that he dented the steel plate on my 1st trailer, by smashing rear trailer so hard, the dolly knocked it inward. It also tweaked my back really good. I got out to check on other vehicles he hit. Many were injured, cars badly damaged. The car immediately behind me had 4 passengers. The driver was unconscious & a rear seat passenger, 19 year old girl, dead. Her neck broke from impact. Once I saw him, I told him to go look in the car at the girl you killed. I hope what you was doing, was worth it. clearly you were not paying any attention. All cars were in right lane. Left lane was closed. There was also huge shoulders on either side, wide open. If he had just been looking, could have went left or right & hit no one. He was doing 80mph at impact. I know this because police at scene told me when they reviewed his truck data. Later I looked him up & ICE had taken him into custody. Those illegally here or who cannot understand English or our laws, have no business driving a car here, more or less an 80,000 semi. How many citizens must be killed, before we right the wrongs & deport them all? Time to GO.
Thanks to all the Biden voters. America hating morons
we have to revoke every CDL licenses to all illegals,refugees from all this country’s they don’t speak English they shouldn’t be on our roads they are killing our families on our roads let’s keep fighting don’t give up this blue states protect them democrats are destroying America.
As a current driver of 33 years here’s my take. We do not need these drivers. These foreign low wage earners have decimated this industry. American drivers and companies cannot compete with low wage earners from foreign countries who run sub par equipment, have sub standard saftey scores and have run rates into the ground. What we need to do is fix this broken immigration system where entitled foreign drivers think they have a right to do as they please once let into this country. These foreigners think they should get special treatment. If they don’t we are racist or bigots. Thank you,but no thank you. Finally an administration that puts Americans first. Not somewhere down the list. Thank you Secretary Duffy.
It just cracks me up that the states are trying to back these people I started driving a truck back in 1992 back then the industry was a big brotherhood everybody looked out for each other and driving truck was fun now it’s just a job and these foreigners are destroying the industry and killing allot of innocent people on our highways when is enough going to be enough how many more people have to die and I say let’s go after the companies hiring these workers and the first one that should be shut down is Prime and I’m not talking about Prime the trucking company about 75% of these foreigners are driving Volvos and pulling Prime trailers we have all seen it I’m sure I say let’s start holding these people responsible for hiring these people in the first place if these companies don’t hire them they wouldn’t be on our roads RIGHT
This is what they could have done leave it to the states ,making the rule from federal level creates confusion and the law ends up affecting those it doesn’t intend to affect.Like,I have been in this country lawfully drive for five years accident free collision free I don’t drink and don’t smoke I work local six days a week.
When this law passed I got fired from my job because my license said “limited term”and that has been the case since day one,because my state Georgia places that on every license of non-us citizens and because part of registration to vote in Georgia requires identification or drivers license,that “limited term “indicates you are not qualified to vote.But fmcsa don’t know of that so my employer thought I was non domicile so they let me go even when I showed them my green card ,I got another job because my record is clean but guess what?they have placed me on leave so they can figure out my residency status even though everything points that I am a legal permanent resident and the law doesn’t affect me,they have verified through Georgia DMV and they confirmed they can’t remove “limited term”until I become a citizen.I renewed my cdl in October gave all my documents and my license was renewed but for whatever reason based on how my last employer and current employer is interpreting the rule the think I am not eligible to drive.
I am now a victim of something I have nothing to do with.
I’m going to start driving the highways with my loaded AK in my truck. when I see a trucker who obviously is not american, then he will cease to be a driver and he will cease to be breathing. I will take care of problems myself. get rid of the illegals and get them off the road or you will be finding bodies alongside the highways
would you what a unauthorized surgeon operating on you truck for years untill I retired there’s young driver learning and they’re Alot that shouldn’t be driving my opinion that if you can’t read or write English it will cause major safety concern u maybe be a good driver reading and hearing road hazards is a big safety concern
It’s a joke they should revoke that judges authority. If he wants to drive and be with them, people sent him to a year to ride was one of them want to be truck drivers or democratic voting machines. That’s all they are nightly accidents on the road are very common today. I’ve had a CDL for 45 years. I have never seen the amount of wrecks on the road in America. That we see today doesn’t matter what day week it is or what time of the day it is for example, I left Idaho the other day for Gainesville Florida , not a day or night went by that it wasn’t clean it up a commercial wreck. Roll over zone exits wonder what causes them. Couldn’t possibly be speed and not being able to read speed limit sign. The government needs to protect the travel in public. Some of these people just coming to the country and the government gives them a drivers license in an 80,000 pound truck. And the fastest thing they’ve ever been on in life there’s a pair of tennis shoes in a stolen bicycle. That’s a deadly combination. Good job government. I hope your kids and your families in the grandkids stay off the roads to protect them damn truck drivers from out of the country. Thanks for give me an opportunity to vent a little bit.
understand one thing I’ve been driving 46 years I got over 7 million miles no accidents couple of tickets not serious but this is my complaint I’m a man of color back in slavery they took our language and made us learn English but you let these people come across the border and they don’t have to speak English at all and they steady killing people they are steady destroying what we set forth in the trucking business I don’t understand why do they keep letting them be here driving when they’re not putting back into the country every dollar they make they send back to their own country it’s like a cookie jar one day all the cookies will be gone and then it’s nothing but crumbs they’re not putting back into our economy but the main thing is they’re breaking the law we as American we a country of laws it’s against the law to be in this country illegally it’s against the law to be driving a truck illegally now I’m curious if all these laws is legal on the books why are we worrying about the state court overturning things that they know is wrong I guess we have to wait to one of their people get killed on the street that’s bad so let’s do this let’s let America feed America it’s just like the border you got the border patrol stopping people coming from the border and they’re Mexicans they sell garden Mexican now don’t you think the cartel got their family members over there in Mexico under seed and tell them they better let this through in a better let that through wake up America some of the closest associates I have in Spanish but they’re here legally they went through a process to become American citizens I don’t know what to say about the Afghanistan and India India is the worst truck drivers in the world and the company how do we let these companies keep running when they got 50 60 different names and different dot numbers who’s getting paid off for that somebody’s getting paid off maybe that’s what we ought to look at let’s look at where we get the dot numbers where we get the licenses let’s look at them and find the crooks there and then we can deal with the overflow cuz somebody’s letting them do it it’s not right I did three tours in Vietnam I’m going to combat engineer if one of these guys got a 53 ft trailer full of high explosives they could take out a whole half of a downtown McVey had just a rental truck and see what he took out killed all the minutes and people and kids the people that you got driving these trucks here in the city illegally do not like America they burn the flag right on our own soil wake up Americans y’all got to wait till something happen and then everybody got to suffer from the after fact of y’all trying to be tough on it well be tough now that’s my thought wake up
I love the irony of everyone whining about people who can’t speak English when 90% of the replies are loaded with punctuation errors, improper capitalization, poor syntax and near incoherence. I won’t even detail the completely false political misinformation that some of you Neanderthals post to every comments section that you can find on the internet. And then you have Keyboard Rambo babbling about shooting drivers with an AK-47. I hope the mothership arrives soon. I’ve seen enough of these dreadful primates.