U.S. Transportation Secretary Sean Duffy
Saying states appear to be issuing commercial drivers licenses illegally to immigrants, federal regulators are slamming the brakes on the ability of states to issue CDLs to most immigrant truckers.
And their first target? The state of California - a state government that U.S. Transportation Secretary Sean Duffy described as particularly "egregious" in issuing illegal CDLs, endangering people on roadways across the country.
On Sept. 26, Duffy and the U.S. Department of Transportation announced the implementation of so-called interim final rule (IFR), effective Sept. 29, prohibiting California and all other U.S. states and other driver licensing bureaus from issuing so-called "non-domiciled" CDLs to most truck operators who are not U.S. citizens.
State departments of motor vehicles or secretary of state offices are typically empowered by law to evaluate and issue CDLs, the class of drivers licenses which allow people to operate semi trucks and other large commercial vehicles.
However, the standards and rules by which CDLs can be issued are largely set by the USDOT, as commercial trucking implicates interstate commerce, a realm reserved to the federal government to govern under the U.S. Constitution.
Essentially, since trucking freight loads routinely cross state lines, the federal government claims the power to regulate how the drivers who move the freight are licensed.
While U.S. citizens have the right to obtain a CDL, if they pass licensing tests and abide by other rules, the federal government has for decades allowed states to also issue CDLs to immigrants who are not permanent residents of the U.S. under the so-called "non-domiciled" classification. Such non-domiciled CDLs could be issued to driver applicants who purportedly can pass U.S. CDL licensing exams, yet are citizens or legal permanent residents of countries other than the U.S., Canada or Mexico.
According to guidelines, such non-domiciled CDL holders must prove that they are in the U.S. legally, presenting immigration papers, including so-called work authorization documents.
However, the USDOT has reported in recent months that its ongoing audits of non-domiciled CDLs issued by states have revealed that a growing number of states have been issuing such non-domiciled CDLs to illegal recipients.
The renewed attention to potentially illegal immigrant truckers has been amplified by a series of high-profile fatal crashes in Florida and elsewhere in the U.S. involving such non-domiciled CDL drivers, including some who government investigators say cannot read or speak English proficiently enough to understand road signs or basic commands essential to operating large commercial vehicles.
It is not publicly known precisely how many illegal immigrant truckers may be operating on America's roads and highways. But according to a survey of state data conducted by trucking industry news publication Overdrive, the numbers have increased sharply in the past five years.
Overdrive, for instance, reported that through the first half of 2025, about 40% of all CDLs issued by the state of Illinois - about 4,904 of 12,177 CDLs - were issued as non-domiciled. As recently as 2023, only 2.2% of CDLs issued by Illinois were classified as non-domiciled.
The report indicated as many as 60,000 such non-domiciled CDLs were issued in the U.S., most from a group of seven states.
However, Overdrive said the number is likely significantly higher, as the reporting did not include data from California, which told Overdrive it does not track the number of non-domiciled CDLs it issues.
According to Overdrive, "CDL applicants at California DMVs can submit a wide range of documents, including things like photocopies of cell phone bills, letters from any shelter, nonprofit, employer, faith-based organization, or government within the U.S. attesting that the applicant is a resident of California" for the purpose of obtaining a CDL.
California and Illinois both operate under so-called sanctuary laws, which generally prohibit state government agents from checking immigration status for nearly any reason or from cooperating with federal immigration and customs agents seeking to enforce immigration law. The Democratic governors of both states, Gavin Newsom in California and JB Pritzker in Illinois, have been particularly outspoken in opposition by efforts from the Trump administration to enforce immigration laws.
While the federal government has laid out rules governing how non-domiciled CDLs can be issued, Duffy said USDOT audits have revealed at least some states appear to not be properly following even those rules.
He said the USDOT audit revealed that states are issuing CDLs to immigrant drivers that expire long after they may be legally authorized to work in the U.S. - if they were able to do so at all. This, he said, has allowed unauthorized immigrant drivers to continue working as truckers in the U.S. months or even years after they should have been required to leave the U.S.
Duffy said the problem has become particularly exaggerated in recent years, as the U.S. operated for years under the immigration policies of former President Joe Biden, under whose administration possibly more than 10 million illegal immigrants were admitted into the country.
Many were admitted as so-called “asylum seekers.” Under federal law, those requesting asylum are typically allowed to remain in the country pending a hearing before an immigration judge. They can also obtain work authorization documents.
The asylum hearing process can take years to complete and the vast majority of asylum requests are ultimately rejected, supposedly ending their legal ability to remain in the U.S. According to government statistics, only about 14% of asylum requests were ultimately approved in 2023, for instance.
Duffy particularly faulted California, calling the Golden State "the worst and most egregious" to date in issuing illegal CDLs to immigrants.
The audit showed that as many as 25% of all non-domiciled CDLs issued in California were issued illegally.
The DOT noted one particular "shocking case" in which the California DMV issued a non-domiciled CDL to a school bus driver from Brazil with an expiration date "months after his legal presence expired."
“California’s reckless disregard is frankly disgusting and an affront to the millions of Americans who expect us to keep them safe,” Duffy said.
In the new rule, the USDOT and the Federal Motor Carrier Safety Administration (FMCSA), which specifically governs commercial trucking, will limit the issuance of non-domiciled CDLs only to applicants presenting unexpired foreign passports, along with proof they have entered the U.S. legally, and specific employment-based visas, including H2-B, H2-A and E-2 visas. Those documents must be presented at each step in the licensing and renewal processes, the rule states.
It further requires state licensing agencies to check the immigration status of those driver applicants against databases maintained by the U.S. Department of Homeland Security.
And, all license renewals for non-domiciled CDLs must be conducted in person, the rule states, outlawing online or automatic renewals for such CDLs.
“Licenses to operate a massive, 80,000-pound truck are being issued to dangerous foreign drivers – often times illegally," Duffy said in announcing the actions. "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.”
However, Duffy announced additional actions against the state of California, specifically.
He said USDOT was directing California to pause issuing all non-domiciled CDLs; identify all FMCSA regulations; and revoke and reissue all non-compliant non-domiciled CDLs if they do comply.
Duffy gave California 30 days to comply or he would move to pull back $160 million in federal highway funds, with that amount doubling next year, if the state continues to resist.
The new demands on the California DMV threaten to ignite yet another legal flashpoint between California and the Trump administration. The two sides have been in court repeatedly against one another, particularly squaring off over efforts by the White House and executive agencies to more stringently enforce immigration laws and cajole California to at least end its resistance and efforts to shield illegal immigrants from removal.
It is not yet known how California may respond to the USDOT's demands.
The new CDL licensing rules appeared to be welcomed by the trucking industry.
In a statement, the American Trucking Associations said: “ATA supports steps to strengthen credentialing standards and ensure that non-domiciled CDL holders have and maintain the proper authorization and qualifications required under federal law. Rules only work when they are consistently enforced, and it's imperative that all state driver licensing agencies comply with federal regulations. We appreciate USDOT taking these steps to guarantee that happens, and we look forward to reviewing the rule in detail and providing specific feedback in our official comments."
The ATA had sent a letter earlier this year to Duffy, outlining concerns with the U.S. trucking industry they desired the new Transportation Secretary to address. Among those, were concerns over the rising number of potentially illegal immigrant truckers being issued non-domiciled CDLs.
Other trucking industry groups have similarly expressed concerns over such potentially illegal CDLs, saying the practice by California and other states have made America's roads less safe and put the trucking industry at risk, as well.
The ATA did not respond to requests for further comment concerning the potential impact of the new USDOT CDL rules, including whether it believed the new rules will increase safety, as Duffy indicated, potentially reducing crashes involving large commercial vehicles and the inevitable lawsuits that follow.
California is a particular hotbed for such litigation related to truck crashes. Trial lawyers routinely advertise, seeking people involved in truck crashes to represent in personal injury claims.
The San Diego-based firm of Sigelman & Associates, for instance, includes a blog-like entry on its website noting that "400 large California trucks were involved in fatal crashes last year," costing 394 lives and injuring nearly 5,300 others.
The post cites FMCSA data indicating that truck driver error is to blame in nearly 90% of truck-related collisions.
A spokesperson for the USDOT declined further comment on the record, pointing to the statements from Duffy and the information already released.
However, the spokesman indicated further action against other states could yet be in the works, as audits of other states are continuing.
In addition to California, Duffy and the USDOT also called out the states of Washington, Texas, South Dakota, Colorado and Pennsylvania as having "licensing patterns not consistent with federal regulations."
