Changes to CDL Issuance Regarding Immigration Status

An emergency regulation has been introduced that implements immigration checks for the issuance of Commercial Driver’s Licenses (CDLs), but this does not apply to drivers who reside in Canada or Mexico, as stated by the Department of Transportation (DOT).

According to the current policy of the Federal Motor Carrier Safety Administration (FMCSA), based on reciprocity agreements with Canada and Mexico, drivers can use licenses issued by these neighboring countries while operating in the U.S.

However, as clarified by the government in a recently released final interim rule, commercial drivers holding licenses from Canada or Mexico are still ineligible to acquire any form of driver’s license in the U.S.

Contrary to existing regulations, some states have been issuing non-domiciled CDLs to drivers from Mexico, despite the prohibition outlined in the new rule.

This clarification was part of an emergency directive issued by DOT Secretary Sean Duffy, which reverses a previous 2019 policy that permitted foreign commercial drivers to obtain CDLs with a special non-domiciled status in the U.S.

The government predicts that the emergency rule will remove approximately 194,000 commercial drivers from the market over the next two years due to CDL renewal processes. Currently, there are about 200,000 non-domiciled CDL holders, which is around 5% of the 3.8 million active interstate CDL holders in 2024, according to the DOT and FMCSA.

The interim final rule introduces additional documentation requirements for acquiring non-domiciled commercial driver’s licenses and learner’s permits. Merely possessing a work permit will not suffice; proof of lawful status in the U.S. is essential. Required documents include valid foreign passports and certain temporary and nonimmigrant visas. The new rule also revokes a 2023 guidance allowing individuals under the Deferred Action for Childhood Arrivals (DACA) program to obtain non-domiciled commercial licenses and learner’s permits. Furthermore, the rule stipulates that asylum seekers and refugees are also disqualified from obtaining these permits.