Last Updated November 26, 2025
Recent changes announced by the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) have put millions of holders of non-domiciled CDLs under new scrutiny. The updated rules make it harder for non-citizens to get or renew these licenses.
Key Takeaways
- FMCSA’s new emergency rule sharply restricts who can obtain or renew a non-domiciled CDL, limiting eligibility to specific employment-based visa holders.
- Up to 194,000 drivers may lose driving privileges within two years, creating major workforce and compliance challenges for carriers.
- Several states have paused non-domiciled CDL issuance after federal scrutiny revealed widespread licensing violations and oversight issues.
- A federal lawsuit and a temporary court-ordered pause have left the rule’s future uncertain, but carriers must prepare for stricter enforcement regardless.
What Is FMCSA’s “Interim Final Rule?”
On Sept. 29, 2025, FMCSA released an “interim final rule” titled, Restoring Integrity to the Issuance of Non-Domiciled Commercial Driver’s Licenses. The rule explicitly states that restrictions on which non-citizens may obtain a non-domiciled CDL or commercial learner’s permit (CLP) will be tightened.
A corresponding statement was also released by the U.S. Department of Transportation, providing additional context as to what motivated the decision. The press release pointed to “a recent series of horrific, fatal crashes caused by non-domiciled drivers,” as reason for the proactive decision.
Under the new non-domiciled CDL emergency rule, only holders of certain employment-based visas, including H-2A, H-2B, or E-2, are eligible to obtain a license. Previously, an Employment Authorization Document (EAD), temporary status under asylum, or deferred-action programs were enough to qualify.
Moving forward, states must verify immigration status more strictly and match the CDL validity to the authorized length of stay. Existing non-domiciled CDLs can be downgraded, revoked, or denied renewal if the license holder fails to meet the new requirements.
The rule also makes for stricter oversight on state licensing agencies to prevent improper issuance.
Who’s Impacted by the Non-Domiciled CDL Update?
The impacts from the FMCSA non-domiciled CDL rule are far-reaching. With around 200,000 non-domiciled CDL-holders and 20,000 non-domiciled CLP-holders nationwide, the trucking industry is at risk of losing tens of thousands of drivers. Under the new rules, these drivers may lose their driving privileges within two years if they cannot meet the stricter visa requirements, which includes renewing their license in person annually moving forward. FMCSA expects that up to 194,000 drivers will fail to do so and be removed from the roads.
For carriers, the development increases risk and compliance challenges. Trucking businesses that employ drivers with non-domiciled CDLs must now audit all driver records, including keeping accurate and up-to-date copies of:
- License credentials
- Employment authorization documents
- I-9 verification records
- Visa status and foreign passports
Carriers should also plan to budget extra time for handling these additional responsibilities and, for larger companies, make sure to keep proper inventory of current drivers. If a driver’s legal status changes or is revoked, carriers may face disruptions and potentially even serious legal ramifications.
The non-domiciled CDL crackdown could worsen driver shortages at a time when demand for trucking remains high.
States Respond to FMCSA Concerns
Following the late September 2025 emergency rule, six states in particular began reviewing their processes and pausing non-domiciled CDL issuance to address concerns pointed out by the U.S. Department of Transportation.
California faced the most scrutiny, with about 25% of its non-domiciled CDLs in violation of federal rules and paused issuance until it could meet federal standards. South Dakota confirmed it had found errors and temporarily stopped issuing licenses while implementing new safeguards. Texas, Washington, Pennsylvania, and Colorado also paused issuance, renewals, and testing while conducting reviews to ensure compliance.
These proactive steps show that states are taking action to address FMCSA concerns and improve oversight of non-domiciled CDL issuance.
Non-Domiciled CDL Lawsuits
The first major lawsuit challenging the new FMCSA non-domiciled CDL restrictions was filed in October 2025 by driver Jorge Rivera Lujan and several labor organizations.
Rivera Lujan v. FMCSA argued that issuing the rule without notice or public comment violated administrative procedure requirements and unfairly “threatens the livelihoods of nearly 200,000 people,” such as refugees, asylum seekers, and Deferred Action for Childhood Arrivals (DACA) recipients who were already granted work authorization.
November 2025 Update: Temporary Pause on Non-Domiciled CDL Ruling
As further pushback ensued challenging the non-domiciled CDL rule, a temporary pause was placed on the mandate in November 2025 when the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay. This pause means the rule is temporarily not enforced while the court reviews the challenge.
Until the court makes a final ruling, states can continue to issue and renew non-domiciled CDLs under the rules that were in place before the September 29 rule, according to FMCSA.
FMCSA also opened a public comment window on the non-domiciled CDL rule, giving truckers and industry stakeholders a chance to share their thoughts. The fact FMCSA is seeking input, even as the ongoing lawsuit continues through the courts, could be a positive sign for those hoping for the court to rule against FMCSA’s decision. Drivers and carriers could have an opportunity to influence how the rule could be applied in the future.
What’s Next?
The outcome remains in question, as the court’s final decision will determine whether the stricter non-domiciled CDL requirements stand or are overturned.
Regardless, truckers, carriers, and other industry stakeholders alike should monitor the situation closely. Some carriers and brokers already are putting systems in place to bolster immigration documentation and driver eligibility.
If the rule is upheld, many non-citizen drivers may lose access to CDLs, forcing carriers to completely reevaluate their hiring plans. If overturned, states may return to prior practices, but federal pressure and tension will remain high.
Michael McCareins is the Content Marketing Associate at altLINE, where he is dedicated to creating and managing optimal content for readers. Following a brief career in media relations, Michael has discovered a passion for content marketing through developing unique, informative content to help audiences better understand ideas and topics such as invoice factoring and A/R financing.
