Federal trucking regulators moved late Friday to sharply limit who can receive a commercial driver’s license if they are not domiciled in the United States, ordering states to halt new issuances to noncitizens until tighter screening is in place. The emergency rule, issued by the U.S. Department of Transportation through FMCSA, follows a federal audit that flagged widespread problems with how some states vetted immigration status and eligibility. California was given 30 days to come into compliance or risk losing a first tranche of roughly $160 million in highway funds, according to federal officials.
Under the directive, only applicants in narrowly defined employment categories will be eligible for a CDL and states must confirm lawful status before issuing a credential. The agency is also limiting the duration of newly issued licenses to align with immigration paperwork, with validity capped at one year or the visa expiration—whichever comes first.
FMCSA’s order immediately interrupts a well‑trodden licensing pathway used by carriers that recruit foreign workers or train recent arrivals for entry‑level jobs. Federal officials also told states to suspend noncitizen issuances while they retool systems to perform mandatory checks against a federal immigration database.
The compliance squeeze is most acute in states singled out by DOT’s review. Federal officials said California green‑lit a significant share of licenses that should not have been issued and warned that more penalties could follow if the state does not change course. Investigators also identified issues in Colorado, Pennsylvania, South Dakota, Texas and Washington. California has disputed the findings and pointed to its overall safety record.
For fleets, the practical effect starts at the recruiting desk. Human resources teams will need to verify that any prospective noncitizen driver holds one of the covered employment visas and will have to track much shorter license terms to avoid lapses at renewal. Carriers relying on staffing agencies or training schools should expect slower onboarding while state DMVs incorporate the new checks. Contracts that assumed quick turnarounds for driver start dates may need flexibility to account for processing delays.
The rule also reshapes risk planning. If a noncitizen driver’s underlying immigration authorization changes, their CDL can sunset sooner than a typical multiyear term, forcing dispatchers to juggle coverage and compliance. Safety managers should build a renewal calendar for affected drivers and audit driver qualification files to confirm that license expiration dates align with underlying immigration documents. Dispatching a driver whose credential lapsed because of visa timing could expose a carrier to out‑of‑service orders and liability in a crash investigation.
DOT framed the move as a targeted safety fix rather than a broad labor policy, but the numbers are stark. Federal officials estimate that only a fraction of current noncitizen CDL holders would meet the tighter eligibility—roughly 10,000 of about 200,000—though existing licenses remain valid until renewal. That eases immediate disruption while signaling a thinner pipeline in the months ahead unless carriers adjust their recruiting mix.
Industry groups quickly welcomed tougher licensing controls, arguing that uniform enforcement helps weed out bad actors and raises accountability for state licensing agencies. Support from large carrier associations and independent‑owner groups suggests fleets across segments have been frustrated by uneven state practices.
What comes next: states must stand up the verification process, clarify guidance to field offices, and report back on compliance timelines. Carriers should engage their state associations to understand DMV implementation calendars and any temporary workarounds. For multistate fleets, expect a patchwork rollout—some states will flip the switch faster than others—so plan hiring accordingly and avoid placing noncitizen applicants in jurisdictions still finalizing system changes. As those timelines firm up, watch for further DOT enforcement steps—especially in California—if the agency decides progress is too slow.
Bottom line for trucking: The emergency order narrows eligibility, shortens license duration for affected drivers, and puts state DMVs under a compliance microscope. Fleets that depend on non‑domiciled CDL holders should recalibrate recruiting, tighten credential tracking, and prepare for near‑term onboarding friction while states retool their systems.
Sources: FreightWaves, Reuters, AP News
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