FMCSA pushes to require states to keep records from non-domiciled CDL applicants for two years
The Federal Motor Carrier Safety Administration (FMCSA) is pressing for State Driver’s Licensing Agencies (SDLA) to maintain documentation related to non-domiciled commercial driver’s license (CDL) and commercial learner’s permits (CLPs) applicants in order to ensure compliance with tighter federal licensing standards.
In a notice to be published on January 30, 2026, FMCSA called for public comments on a plan to require SDLAs to “retain all documents involved in the licensing process for non-domiciled CLP and CDL holders for a period of no less than two years from the date of issuing (which includes amending, correcting, reprinting, or otherwise duplicating a previously issued CLP or CDL), transferring, renewing, or upgrading a non-domiciled CLP or CDL.”
The FMCSA says that requiring states to perform more stringent record keeping with respect to non-domiciled CDL and CLP applicants has basis in an expiring provision of the Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses emergency interim final rule (IFR) issued in September 2025. The IFR significantly limited the power of SDLAs to issue non-domiciled CLPs and CDLs.
From FMCSA:
“If States do not retain this documentation, FMCSA is severely hindered in its efforts to ensure compliance with the regulatory requirements because States are unable to accurately determine the number of non-domiciled CLPs and CDLs they have issued, or to prove to FMCSA officials that such CLPs and CDLs were properly issued…
During State CDL compliance reviews, FMCSA officials review this information to ensure that the provisions of the regulations are being carried out. Without the aforementioned requirements, there would be no uniform control over driver licensing practices to prevent uncertified and/or disqualified foreign drivers from being issued a non- domiciled CLP or CDL. Failure to collect this information would render the regulations unenforceable.“
FMCSA noted that when it previously announced plans to require states to maintain and share the records, several states submitted comments objecting to the proposal over concerns about the agency’s authority to enforce immigration law and due to the burdensome nature of the paperwork requirement:
“In a joint submission, Massachusetts, California, and 17 Other Jurisdictions stated that FMCSA’s information collection is not “necessary for the proper performance of the functions of the agency” per the Paperwork Reduction Act (PRA) because the agency lacks statutory authority over immigration, as even FMCSA admits there is no evidence linking immigration status to CDL driver safety. The joint submission said requiring SDLAs to retain and produce immigration documents and SAVE query results duplicates DHS responsibilities and is unnecessary for the proper performance of FMCSA’s functions. In addition, the joint submission said the IFR does not “reduce[] to the ex-tent practicable and appropriate the burden on persons who shall provide information to or for the agency” per the PRA. Rather, it places considerable burden on SDLAs, as it contains no limitation on documents and requires that SDLAs provide documents on a 48-hour turnaround.“
FMCSA said in response to states’ concerns that “the information collection requirements in the IFR are necessary. FMCSA has extensive authority over the CDL issuance process and the review of State licensing programs.”
FMCSA will accept public comment on any aspect of the proposal after publication in the Federal Register on January 30, including
- Whether the proposed collection is necessary for the performance of FMCSA’s functions
- The accuracy of the estimated burden
- Ways or FMCSA to enhance the quality, usefulness, and clarity of the collected information
- Ways that the burden could be minimized without reducing the quality of the collected information
The IFR has faced legal challenges due to concerns that FMCSA failed to follow proper rulemaking procedures by issuing the rule without notice or public comment period.