Trump’s Transportation Secretary Sean P. Duffy Takes Emergency Action to Protect America’s Roads, Restrict Non-Domiciled CDLs
New rule closes dangerous loopholes, holds states accountable, and launches immediate enforcement action against California for gross negligence
WASHINGTON, D.C. – 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 permits (CLPs) and commercial driver’s licenses (CDLs). 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 horrific, fatal crashes caused by non-domiciled drivers.
The audit has uncovered both a catastrophic pattern of states issuing licenses illegally to foreign drivers, as well as the fact that even if the current regulatory framework is followed, it can fail. The confluence of these two factors have created an imminent hazard on America’s roadways that must be fixed.
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.
A one-pager on the emergency actions can be found HERE.
“What our team has discovered should disturb and anger every American,” said U.S. Transportation Secretary Sean P. Duffy. “Licenses to operate a massive, 80,000-pound truck are being issued to dangerous foreign drivers – often times illegally. This is a direct threat to the safety of every family on the road, and I won’t stand for it. Today’s actions will prevent unsafe foreign drivers from renewing their license and hold states accountable to immediately invalidate improperly issued licenses.”
FMCSA’s nationwide audit non-domiciled CDLs uncovered systemic non-compliance across several states, the worst and most egregious in California. Due to weak oversight, insufficient training, and programming errors, the agency found a large number of non-domiciled CDLs were issued to:
- Drivers who were ineligible
- Drivers whose licenses were valid long after their lawful presence in the U.S. expired
In California alone, more than 25% of non-domiciled CDLs reviewed were improperly issued. This opens the door to thousands of unsafe drivers on the road, including some with licenses extending as many as four years beyond the expiration date of their lawful presence documentation. In one shocking case, California gave a driver from Brazil a CDL with endorsements to drive a passenger bus and a school bus that was valid for months after his legal presence expired.
This is why, 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.
“California’s reckless disregard is frankly disgusting and an affront to the millions of Americans who expect us to keep them safe,” added Secretary Sean P. Duffy. “California must get its act together immediately or I will not hesitate to pull millions in funding. To every other state around the country – find all improperly issued CDLs and revoke their licenses now. We owe it to the American people to ensure only lawful, qualified drivers are operating big rigs on our highways.”
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.
FMCSA’s findings are in addition to at least five fatal crashes occurring since January involving non-domiciled CDL holders – all prompting Secretary Duffy’s urgent action to combat the direct threat to national security and the hazard to public safety. Colorado, Pennsylvania, South Dakota, Texas, and Washington were also identified as states with licensing patterns not consistent with federal regulations.
Additional Information:
The announcement follows President Trump’s Executive Order earlier this year, which placed a renewed focus on roadway safety and directed the Department of Transportation to take swift action.
In June, Secretary Duffy announced a nationwide audit of states issuing non-domiciled CDLs and unveiled a pro-trucker package that includes millions to expand truck parking, removing one-size-fits-all mandates, modernizing driver resources, and slashing red tape.
In May, Secretary Duffy signed an order announcing new guidelines to strengthen English language enforcement for commercial truck operators. Under the new guidance, commercial motor vehicle (CMV) drivers who fail to comply with FMCSA longstanding English-language proficiency (ELP) requirements will be placed out-of-service.
In March, President Trump signed an executive order designating English as the official language of the United States.
###