FMCSA’s emergency rule restricting non-domiciled CDLs goes into effect today
An emergency rule announced last week to restrict the issuance of non-domiciled commercial driver’s licenses (CDLs) went into effect on Monday.
A Federal Motor Carrier Safety Administration (FMCSA) emergency interim final rule (IFR) announced late last week by U.S. Transportation Secretary Sean Duffy went into effect immediately upon publication in the Federal Register on September 29, 2025.
“FMCSA finds good cause to issue this IFR without prior notice and comment and to make it effective immediately,” officials said, due to a “two-front crisis that constitutes an imminent hazard to public safety and a direct threat to national security.” FMCSA names “overly broad eligibility requirements” and “a systemic breakdown in state implementation” of CDL rules as the two fronts that have necessitated an immediate federal response.
The rule “restores the integrity of the CDL issuance processes by significantly limiting the authority for State Driver’s Licensing Agencies (SDLAs) to issue and renew non-domiciled commercial learner’s permits (CLPs) and CDLs to individuals domiciled in a foreign jurisdiction,” according to the IFR published Monday.
FMCSA Emergency Rule Cracks Down On State Driver’s Licensing Agencies
The rule revises current regulations to restrict states from issuing non-domiciled CLPs or CDLs to individuals maintaining lawful immigration status in the United States in certain employment-based nonimmigrant categories, to certain individuals domiciled in a U.S. territory, and to individuals domiciled in a state that is prohibited from the issuance of CLPs or CDLs as a result of the decertification of the state’s CDL program.
The FMCSA points to recent deadly crashes as well as state non-compliance with CLP and CDL regulations as reasons for issuing the emergency rule:
“Non-domiciled CDL holders have been involved in several recent fatal crashes. In addition, FMCSA recently uncovered evidence of systemic, nationwide regulatory non- compliance by SDLAs in the issuance of non-domiciled CLPs and CDLs at SDLAs.“
Starting on September 29, the rule establishes the following requirements:
- Non-citizen applicants (except for lawful permanent residents) must provide an unexpired foreign passport and an unexpired Form I–94/I–94A (Arrival/Departure Record) indicating a specified type of employment-based nonimmigrant status at every issuance, transfer, renewal, and upgrade action defined in the regulation
- Requires SDLAs to query Systematic Alien Verification for Entitlements (SAVE), administered by U.S. Citizenship and Immigration Services (USCIS), to confirm the applicant’s claim to be in lawful immigration status in a specified category
- Requires that SDLAs retain copies of the application documents for no less than 2 years
- Requires the expiration date for any non-domiciled CLP or CDL to match the expiration date of the Form I–94/I–94A or 1 year, whichever is sooner
- Requires the applicant to be present in-person at each renewal
- Requires an SDLA to downgrade the non-domiciled CLP or CDL if the state becomes aware that the holder is no longer eligible to hold a non-domiciled CLP or CDL
FMCSA Says 2025 Fatal Crashes Underscore Need For Immediate Action
FMCSA detailed five fatal crashes that occurred in 2025 involving non-domiciled CDL holders as part of the agency’s justification for issuing the emergency rule:
“Most recently, on August 12, 2025, the driver of a tractor-trailer, who did not have lawful immigration status and held a non-domiciled CDL based on a valid USCIS-issued Employment Authorization Document (EAD), caused a crash in Florida that killed three people. The Florida Department of Highway Safety and Motor Vehicles stated that its initial, but ongoing, investigation showed that the driver attempted to execute a U-turn in an unauthorized area on the Florida Turnpike in St. Lucie County.10 A dashcam video widely broadcast across various forms of media shows the CMV crossing in front of a minivan, which crashed into the truck and became lodged under its trailer. The driver was later arrested in California on three counts of vehicular homicide and three counts of manslaughter and returned to Florida for prosecution. The Department of Homeland Security announced that a U.S. Immigration and Customs Enforcement investigation revealed that the driver had been living in the U.S. without lawful immigration status since 2018 after unlawfully crossing the border from Mexico. Preliminary findings from FMCSA’s post-crash investigation showed that the driver was not proficient in the English language and also revealed that he had previously been cited for speeding in New Mexico.
This driver had an unexpired EAD and was therefore eligible for a non- domiciled CDL under the existing regulations but was improperly issued a standard (full-term) CDL in Washington in 2023. He was subsequently issued a proper non-domiciled CDL in California, but would not have been eligible for a non-domiciled CDL under the revised regulations requiring a driver to provide an I–94 or I–94A indicating a specified employment- based nonimmigrant status.
In another crash, which occurred on July 11, 2025, a truck tractor traveling on the Delaware Memorial Bridge from New Jersey into Delaware crossed three lanes of traffic and crashed into a concrete wall. The Delaware River and Bay Authority stated that the impact collapsed the concrete wall, and the truck tractor careened into the Delaware River. The driver of the vehicle, who was killed in the crash, held a non- domiciled CDL. The emergency response for this incident involved significant recovery resources and personnel including a crane and barge repositioned from the active construction site of the Bridge Ship Collision Protection project, the Delaware State Police Marine dive unit, and a fire company. This driver similarly had entered the United States unlawfully, was in removal proceedings, and had a valid USCIS- issued EAD. Because a standalone EAD will no longer suffice as proof of employment eligibility for issuance of non-domiciled CDLs and this driver did not provide an I–94 or I–94A indicating a specified employment-based nonimmigrant status, he would not have been able to obtain his CDL under the revised regulations.
Another crash took place on May 6, 2025, in Thomasville, AL, in which a tractor-trailer hit four vehicles from behind as they were stopped at a red light. Two people were killed and four people were injured. The driver of the CMV held a valid USCIS-issued EAD, which allowed him to obtain a non- domiciled CDL, but did not provide an I–94 or I–94A indicating a specified employment-based nonimmigrant status. FMCSA’s ongoing post-crash investigation has revealed that the driver held the CDL for less than six weeks and initially failed his CDL skills test for speeding and failing to obey a traffic control device before passing the test a few days later. The crash occurred on the driver’s third day of employment with the carrier. Because a standalone EAD will no longer suffice as proof of employment eligibility for issuance of non-domiciled CDLs, this driver would not have been able to obtain his CDL under the revised regulations.
On March 14, 2025, a CMV driver caused a multi-vehicle collision in Austin, TX. Witnesses stated that the driver of the 18-wheeler failed to brake and crashed into a long line of stopped and slow-moving traffic ahead of him. The incident involved 17 vehicles, killed five people including two children, and caused 11 more people to be hospitalized. The post-crash scene extended for approximately one-tenth of a mile. The driver was improperly issued a standard (full-term) CDL in Texas despite being eligible for only a non-domiciled CDL, a fact that demonstrates the difficulty SDLAs are currently having in correctly applying the existing regulations. Moreover, since this driver did not provide an I–94 or I– 94A indicating a specified employment- based nonimmigrant status, he would not be eligible for a CDL under the revised regulations. A post-crash investigation revealed that this driver’s driving record showed two prior citations, for failure to obey a sign/ traffic control device and erratic (unsafe) lane changes. The investigation also found that the driver was not in possession of a current medical certificate and had violated the hours of service rules multiple times in the 11 days preceding the crash.
A crash in West Virginia on January 19, 2025, involved a driver of a tractor-trailer who held a non-domiciled CDL and had two prior citations for speeding. The driver entered the United States unlawfully, is in removal proceedings, and had a valid USCIS- issued EAD. According to news reports, the driver caused a collision on a bridge over Cheat Lake on Interstate 68 resulting in a vehicle falling from the bridge into the lake, killing the person inside. Those reports also state that investigators determined that the driver, who had also struck another vehicle prior to the crash on the bridge, was traveling at an unsafe speed. After being arrested in California and extradited to West Virginia, he was charged with negligent homicide.
As with other crashes described above, the driver’s lack of an I–94 or I–94A indicating a specified employment- based nonimmigrant status and specifically allowing him to work as a truck driver would have prevented him from receiving a CDL under the revised regulations.“
States Face Federal Scrutiny Over Non-Domiciled CDL Issuance
In issuing the emergency rule, FMCSA accuses several states of improperly issuing non-domiciled CLPs and CDLs, including California, Colorado, Pennsylvania, South Dakota, Texas, and Washington.
In a related action, U.S. Transportation Secretary Sean Duffy also announced direct enforcement action against California, where auditors reportedly discovered that “more than 25% of non-domiciled CDLs reviewed were improperly issued.” Duffy said that California must:
- 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 new federal requirements.