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FMCSA cracks down on non-citizen CDLs after crash concerns

A new emergency rule from the FMCSA on non-domiciled commercial driver’s licenses (CDLs) started on Monday, September 29, 2025.

Why it matters: The rule tightens the process for states to issue or renew CDLs to drivers not permanently living in the U.S., especially those with temporary work permits or who aren’t lawful citizens. Officials say the old system had allowed too many folks without full legal status to get behind the wheel of a big rig.

  • Now, non-citizen CDL applicants (except green card holders) must show an up-to-date foreign passport and a current I–94 proving their work status every time they apply, renew, or upgrade.
  • States must check the applicant's immigration status with the federal SAVE database before any CDL is given out.
  • Any documents provided have to be kept on file for at least 2 years.
  • Licenses issued this way will expire when the worker’s immigration papers expire or after one year—whichever is sooner.
  • Applicants have to be there in person for each renewal, and if the state knows the driver isn’t supposed to have a CDL anymore, the license will be downgraded right away.

What pushed this change: FMCSA pointed to several fatal truck crashes in 2025 that involved drivers with non-domiciled CDLs, and officials say some states have not been following the rules for who can get these licenses.

State crackdown: California in particular is facing direct federal action after an audit found more than 25% of their non-domiciled CDLs were not issued correctly, according to the Federal Register.

Looking ahead: States like California have to pause new non-domiciled CDL approvals and identify licenses that don't fit the new federal rules. The FMCSA says more steps could be coming if states don’t get in line.

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