The United States Department of Transportation (DOT) has announced stricter regulations for non-citizens seeking commercial driver's licenses (CDLs) following three deadly accidents this year. According to the DOT, these incidents were caused by immigrant truck drivers who "should not have been permitted to drive." As per an official statement released on Friday, states are now required to halt the issuance of CDLs to non-citizens until they can demonstrate compliance with new rules. These regulations restrict eligibility to three types of visas (H-2A, H-2B, and E-2), mandate verification of immigration status through a federal database, and set a maximum validity of one year—or less if the visa expires sooner.
Transportation Secretary Sean Duffy emphasized that the new rules will severely limit who can apply for commercial learner's permits (CLP) and CDLs among non-residents. This policy, effective immediately, comes in response to an ongoing national audit conducted by the Federal Motor Carrier Safety Administration (FMCSA). The review of licenses for non-citizens began after a fatal crash in Florida resulted in three deaths, attributed to a driver allegedly residing illegally in the country.
"Our findings should alarm and anger every American," Duffy stated. "Permits for operating massive 80,000-pound trucks are being issued to foreign drivers, often unlawfully. This poses a direct threat to the safety of all families on our roads, and I will not stand for it," he declared.
The DOT has threatened to withhold $160 million in federal funding from California after investigators found that one in four of the 145 non-citizen CDLs reviewed were improperly issued under current regulations. The investigation highlighted four instances where the state continued to validate permits long after the drivers' work authorizations had expired. California now has 30 days to audit its program and submit a compliance plan or face a loss of funding.
According to Duffy, the audit uncovered improperly issued licenses in California, Colorado, Pennsylvania, South Dakota, Texas, and Washington. "The system has been compromised," he said, arguing that existing rules are insufficiently strict and several states are failing to enforce them. The DOT also reminded states like California, Washington, and New Mexico of their obligation to enforce English proficiency requirements for truck drivers, imposed earlier this summer; these states' responses remain under review.
Until further notice, all states must pause the issuance of CDLs to non-citizens until they can adhere to the new criteria. With these updated requirements, only 10,000 of the 200,000 non-citizens currently holding CDLs would qualify; however, the rules will not apply retroactively, allowing 190,000 to retain their licenses until renewal.
Despite concerns about a potential shortage of drivers, Duffy assured that operational issues are unlikely, as non-citizen permits account for less than 5% of the total.
The Controversy Surrounding Immigrant Truck Drivers
In August, a controversial case reignited the debate over issuing licenses to non-citizens. In Florida, 28-year-old truck driver Harjinger Singh was charged with causing a fatal accident on the Turnpike in Fort Pierce, resulting in three deaths. Singh faces three counts of vehicular homicide and three counts of involuntary manslaughter after allegedly attempting an illegal U-turn on August 12 in an area designated for "official use only."
The case has drawn national attention since Singh, who has been living irregularly in the United States since 2018, acquired a commercial driver's license in California despite not meeting language and residency requirements. Official documents reveal that he failed the English test and did not provide proof of residence, yet he still received the permit through the federal SAVE system.
Key Questions About U.S. Trucking Regulations for Non-Citizens
What are the new requirements for non-citizens to obtain a CDL in the U.S.?
Non-citizens must hold one of three specific visas (H-2A, H-2B, or E-2), verify their immigration status through a federal database, and can only receive a CDL valid for up to one year or until their visa expires, whichever comes first.
How will these changes affect current non-citizen CDL holders?
The new regulations are not retroactive, so current non-citizen CDL holders will retain their licenses until renewal, though only 10,000 of the current 200,000 would meet the new criteria for renewal.
Why did the DOT decide to implement these stricter regulations?
The DOT implemented these stricter regulations following a series of fatal accidents attributed to non-citizen drivers who were improperly issued CDLs, aiming to enhance roadway safety.