DACA recipient asks FMCSA for exemption from non-domiciled CDL restrictions

The Federal Motor Carrier Safety Administration (FMCSA) published an application for exemption from a Deferred Action for Childhood Arrivals (DACA) recipient who wants to obtain and hold a Class B passenger-vehicle Commercial Driver’s License (CDL).

Jenifer Sanchez Vilchis asked FMCSA for immediate action that would allow all DACA recipients with valid Employment Authorization Documents to obtain a Class B CDL, according to a Notice to be published in the Federal Register on June 2, 2026.

Specifically, Sanchez Vilchis requests relief from an FMCSA Final Rule published on February 13, 2026, that restricts State Driver’s Licensing Agencies (SDLAs) from issuing non-domiciled commercial learner’s permits (CLP) or CDLs unless the applicant provides evidence of lawful immigration status.

Because the rule defines proof of “lawful immigration status” as a Form I-94/94A with an unexpired Admit Until Date, DACA recipients who do not possess evidence of lawful immigration status are thus ineligible for a non- domiciled CLP or CDL.

According to the exemption application, Sanchez Vilchis is a DACA recipient residing in California who was denied her application for Class B CDL with Passenger and School Bus endorsements because of FMCSA’s amended regulations limiting eligibility for non-domiciled CDLs.

Sanchez Vilchis told FMCSA that she trained for five hours a day, six days per week, and “passed the General Knowledge, Passenger, and Air Brakes tests, and passed the pre-trip and road exams on her first attempt.”

She argues that she should be allowed to earn a CDL because:

1. She has resided in the U.S. since the age of one
2. She holds three associate degrees and one bachelor’s degree with honors
3. Class B training is held to a higher standard than Class A [training] and focuses on the transport of human passengers with zero risk tolerance
4. She has no criminal record or traffic violations.

Sanchez Vilchis also argued that “FMCSA’s amended regulations arose from incidents involving Class A tractor-trailer drivers engaged in freight transport” and not from Class B school bus and motor coach drivers, who are “subject to more stringent testing, supervision, and background-check requirements.”

FMCSA noted that it was “required by statute to publish a notice explaining each exemption request. This notice does not indicate that FMCSA intends to grant the requested exemption.”

FMCSA will accept public comment on the exemption request after it is published in the Federal Register on June 2.