New CDL rule set to push 194,000 immigrant truckers off U.S. roads

DOT limits who can drive big rigs

The U.S. Department of Transportation finalized a rule on Feb. 12, 2026, that sharply limits which non-citizens can get a commercial driver’s license.

The rule takes effect March 16 and could eventually remove about 194,000 of roughly 200,000 non-domiciled CDL holders from the trucking workforce.

Transportation Secretary Sean Duffy said the change closes a safety gap that let foreign drivers with unverified driving histories operate commercial trucks on American highways.

Three visa types now qualify

Under the new rule, only foreign nationals holding H-2A, H-2B, or E-2 visas can apply for a non-domiciled CDL. Work permits, formally called Employment Authorization Documents, no longer count as proof of eligibility.

Applicants now need an unexpired foreign passport and a Form I-94, which tracks when a non-citizen enters and leaves the country.

States also have to verify every applicant’s immigration status through the federal SAVE system. No license can last longer than one year.

Most current holders lose eligibility

The Federal Motor Carrier Safety Administration (FMCSA) estimates about 200,000 people hold non-domiciled CDLs today, making up roughly 5% of all interstate CDL drivers. About 194,000 of them will eventually lose eligibility.

That includes asylum seekers, refugees, humanitarian parolees, and recipients of Deferred Action for Childhood Arrivals (DACA).

The rule does not touch drivers licensed in Canada or Mexico, since the U.S. has agreements with both countries. Citizens and green card holders are also unaffected.

DOT points to a screening gap

The DOT says U.S. drivers go through national databases that flag past violations like DUIs and crash history. But states have no way to check those records for foreign nationals.

That gap meant someone with a dangerous driving history abroad could get a trucking license just by showing a work permit.

The DOT cited 17 fatal crashes and 30 deaths in 2025 that it linked to non-domiciled CDL holders, though those figures have not been independently audited.

Fatal crashes drew national attention

Several deadly wrecks in 2025 pushed the issue into the spotlight.

In February, the DOT says a non-domiciled driver caused a multi-vehicle crash in a Wyoming tunnel on I-80 that killed three people and injured 20.

In August, a non-domiciled driver reportedly tried an illegal U-turn on the Florida Turnpike, killing three. Two more fatal incidents followed in California later that year, including a collision with a train at a marked crossing in Ontario, Calif.

Emergency rule came first, then a court blocked it

Secretary Duffy first issued an emergency version of the rule on Sept. 26, 2025, skipping the usual public comment period.

Within weeks, the Public Citizen Litigation Group and two labor unions sued on behalf of Jorge Rivera Lujan, a DACA recipient who had driven trucks for 11 years.

On Nov. 13, the D.C. Circuit Court of Appeals put the emergency rule on hold.

The FMCSA then started a formal rulemaking process and reviewed more than 8,000 public comments before issuing this final version.

Appeals court raised serious doubts

The D.C. Circuit ruled 2-1 that challengers were likely to win on three fronts. Judges found the FMCSA probably broke federal law by not consulting with states before acting.

They also said the agency’s safety case lacked enough evidence.

Challengers pointed out that non-domiciled CDL holders make up about 5% of all CDL drivers but account for only about 0.2% of fatal crashes.

The final rule went through the formal comment process, which may fix the procedural issues, but new legal fights could still come.

Critics say the rule punishes safe drivers

Opponents argue the rule blocks legally authorized workers from earning a living based on immigration status, not driving ability.

Many DACA recipients have lived in the U.S. since childhood and have years of clean driving records in American databases.

Labor unions warned that pulling 194,000 experienced drivers could force companies to hire greener replacements, potentially making roads less safe.

The Sikh Coalition filed a class-action lawsuit against the California DMV in December 2025 on behalf of affected drivers.

Trucking groups back the crackdown

The Owner-Operator Independent Drivers Association said the rule removes unqualified drivers from the road.

The American Trucking Associations called it an important step toward making CDL standards consistent nationwide. Supporters also pointed to state audits showing widespread problems.

Roughly 25% of non-domiciled CDLs in California alone were improperly issued, according to audit findings.

The trucking industry had been asking Congress and the DOT to act after the string of high-profile crashes in 2025.

Workforce impact rolls out gradually

The FMCSA’s economic analysis found that most properly issued non-domiciled CDLs expire within five years. So the workforce hit should come in waves as licenses run out and drivers cannot renew.

The agency said the freight market would adjust over time, pointing to how the trucking industry absorbed big changes during the COVID-19 pandemic.

States that issued licenses improperly may have to cancel them sooner under corrective action plans from the FMCSA.

Congress may lock the rule into law

Rep. David Rouzer, a Republican from North Carolina, introduced the Non-Domiciled CDL Integrity Act in October 2025 to write the policy into federal law.

Supporters want Congress to pass it so a future administration cannot easily undo the rule.

The Owner-Operator Independent Drivers Association urged lawmakers to act, noting that regulations are easier to reverse than laws. Whether the final rule will face fresh court challenges remains an open question.

Rule takes effect next month

For everyday drivers, the DOT says this is about making sure anyone behind the wheel of an 80,000-pound truck has been properly vetted.

For the trucking industry, losing up to 194,000 drivers could tighten capacity, though the FMCSA expects a gradual shift. The rule takes effect March 16, 2026, unless a new legal challenge stops it.

California’s candidate filing period for the 2026 elections is already open, but the trucking fight now moves to the courts and Congress.

This article was created with AI assistance and human editing.

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