U.S. Transportation Secretary Sean P. Duffy today announced an emergency action to drastically restrict who is eligible for a non-domiciled commercial learner's permit (CLP) and commercial driver's license (CDL).

The rule, effective immediately, comes in response to an ongoing nationwide audit by the Federal Motor Carrier Safety Administration (FMCSA) and a recent series of fatal crashes caused by non-domiciled drivers, according to a USDOT release.

The release states that the FMCSA audit reveals a pattern of states "issuing licenses illegally to foreign drivers."

Moving forward, non-citizens will not be eligible for a non-domiciled CDL unless they meet a much stricter set of rules, including an employment-based visa and undergoing a mandatory federal immigration status check using the SAVE system. 

California Ordered to Fix Improper CDL Issuance

The FMCSA's nationwide audit of non-domiciled CDLs claimed "systemic non-compliance" across several states, with the highest number of cases in California. The agency found a large number of non-domiciled CDLs were issued to:

• Drivers who were ineligible.

• Drivers whose licenses were valid after their lawful presence in the U.S. expired.

In California alone, FMCSA found more than 25% of non-domiciled CDLs reviewed were improperly issued. In addition to the emergency rule, Secretary Duffy also announced direct enforcement action against California. The state must immediately:

• Pause issuance of non-domiciled CDLs.

• Identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations.

• Revoke and reissue all noncompliant non-domiciled CDLs if they comply with the new federal requirements.

According to the USDOT release, California has 30 days to come into compliance, or FMCSA will withhold federal highway funds — starting at nearly $160 million in the first year and doubling in year two. Colorado, Pennsylvania, South Dakota, Texas, and Washington were also identified as states with licensing patterns not consistent with federal regulations.