An emergency rule that adds immigration checks in the issuing of CDLs doesn’t apply to drivers domiciled in Canada or Mexico, according to the Department of Transportation.
Under existing Federal Motor Carrier Safety Administration policy, based on reciprocity agreements with Canada and Mexico, drivers can use licenses issued by the neighboring countries in the U.S.
That still means commercial drivers with licenses from Canada and Mexico cannot obtain any type of driver’s license in the U.S., the government said in a final interim rule released Friday.
But some states have been granting non-domiciled CDLs to Mexico-based drivers, even though existing regulations forbid that, the rule said.
The clarification was part of an emergency rule announced Friday by DOT Secretary Sean Duffy. The rule reverses a 2019 policy that had allowed foreign commercial drivers to obtain CDLs with a special non-domiciled designation in the U.S.
The government estimated that the emergency rule will take 194,000 commercial drivers out of the market over the next two years as CDL renewals take place.
“There are roughly 200,000 non-domiciled CDL holders, which is approximately five percent of the 3.8 million active interstate CDL holders in 2024,” the DOT and FMCSA said in the rule.
The interim final rule adds more required documentation to obtain non-domiciled commercial driver’s licenses and learner’s permits. Work permits alone are insufficient — lawful status in the U.S. is needed, the government said.
Required verification documents include unexpired foreign passports and certain temporary and nonimmigrant visas.
The new rule also rescinded a 2023 guidance document that said a Deferred Action for Childhood Arrivals immigrant could obtain a non-domiciled commercial license and learner’s permit.
Additionally, asylum seekers, asylees and refugees would no longer be ineligible to receive non-domiciled learner’s permits and CDLs, according to the rule.
“Although these individuals may be eligible for employment in the United States, they would not be eligible to apply for a non-domiciled CLP or CDL,” the rule said.
