DOT Moves to Remove Non-Citizen Drivers from Industry

Washington, D.C. — On Friday, the U.S. Department of Transportation (DOT) announced a new interim final rule that aims to push nearly 200,000 non-citizen drivers out of the trucking industry. This decision comes as part of efforts to enhance safety and increase rates for domestic carriers.

DOT Secretary Sean Duffy stated that the current licensing system for non-citizen drivers is “absolutely 100 percent broken” and described it as a “national emergency that requires action right now.” He emphasized that this rule will take effect immediately, without the usual comment period typical for new regulations.

The Federal Motor Carrier Safety Administration (FMCSA) cited recent fatal accidents involving non-domiciled commercial driver’s license (CDL) holders as a key factor in the decision. At least five fatal crashes linked to these drivers were identified since the start of 2025. In some cases, drivers were found to have been improperly issued CDLs.

During the press conference, Duffy highlighted three of the deadly incidents, asserting that open border policies had exploited the trucking licensing system. “What our audit has discovered should anger every single American,” he added. Duffy noted serious failures among states to comply with proper licensing procedures.

For instance, a recent inspection of California‘s licensing practices revealed that licenses were granted long after applicants were legally allowed to work in the country. Duffy reported evidence that non-domiciled CDLs were issued to individuals who should not qualify, including foreign drivers without verified legal status.

FMCSA Chief Counsel Jesse Elison stressed that non-domiciled CDLs were originally meant for U.S. citizens living in areas unable to issue licenses. Under the new rule, only H-2B, H-2A, and E-2 visa holders will be eligible to obtain these licenses, and all applications must go through federal databases.

The renewal period for non-domiciled CDLs has been shortened to the expiration of the employee’s work authorization or one year, depending on which comes first. Elison confirmed that this move is expected to remove approximately 190,000 non-citizen drivers from the state, significantly impacting the CDL population.

“We are ready to ensure that American drivers can meet the demand for transporting goods,” Duffy stated when questioned about potential freight market impacts. He pointed out that American drivers are available to fill the gaps left by these regulatory changes.

Duffy concluded that he has not engaged with California’s Governor Gavin Newsom over these issues, as he believes this should not be politicized. He encouraged all states to take immediate corrective actions regarding their CDL issuance practices and highlighted that some states could lose federal funding if they do not comply with safety regulations.