DACA and CDL Eligibility: What Carriers Need to Know After the September 29th2025 Court Decisions

By SafetyLane Editorial Team

Introduction

Deferred Action for Childhood Arrivals (DACA) has been one of the most contested immigration policies in the United States since its creation in 2012. For the trucking industry, the stakes are high: CDL eligibility is directly tied to proof of lawful presence and work authorization. With recent court rulings narrowing injunctions, the landscape for DACA recipients — and the fleets that might hire them — is shifting once again.

Timeline: A History of DACA in Brief

• June 15, 2012 — President Barack Obama announces DACA, granting certain undocumented immigrants who came to the U.S. as children protection from deportation and eligibility for work permits.

• 2017 — Trump administration moves to end DACA; federal courts block the termination.

• June 2020 — U.S. Supreme Court rules the attempted termination unlawful, keeping DACA alive.

• July 2021 — Judge Andrew Hanen (S.D. Texas) rules DACA unlawful, blocks new applications nationwide, but allows existing recipients to renew.

• 2021–2025 — DACA continues in a limited form, with only renewals accepted. New applicants remain frozen out.

• July 2025 — The Fifth Circuit Court of Appeals rules Hanen’s nationwide injunction was overly broad. The block could only apply to Texas, not the entire country.

• July 22, 2025 — Judge Hanen narrows his injunction to Texas only, requesting implementation proposals.

• September 29, 2025 — The Department of Justice submits its plan:

  • Outside Texas: USCIS may continue to issue both DACA protections and work permits (EADs).

  • Inside Texas: Only deferred action without work permits would be granted.

• Pending: Judge Hanen is reviewing the DOJ plan and will issue a final order on how the Texas-only restrictions will be carried out.

CDL Eligibility and DACA

Under federal rules, CDL applicants must prove lawful presence in the U.S. Work authorization (EAD) is key to meeting that requirement.

• Outside Texas (as of late 2025):DACA recipients with valid work permits remain eligible for CDLs. States must honor the federal definition of lawful presence when issuing commercial driver’s licenses.

• In Texas:If Judge Hanen adopts the DOJ plan, DACA recipients will be limited to deferred action without work permits. Without work authorization, they will not meet CDL eligibility requirements and therefore will not be able to hold or obtain commercial driver’s licenses.

Industry Implications

• Driver Supply: With FMCSA’s new restrictions on non-domiciled CDLs already threatening to remove an estimated 200,000 drivers, additional uncertainty around DACA could further squeeze available labor in certain states.

• Compliance Risks: Carriers must ensure that every CDL driver has valid, current proof of lawful presence and work authorization on file. DACA recipients in Texas may soon lose eligibility if Hanen finalizes DOJ’s plan.

• Hiring Policies: Fleets operating across multiple states must account for jurisdictional differences. A driver eligible for a CDL in Illinois or California under DACA may be disqualified in Texas.

The SafetyLane Takeaway

The DACA battle is far from over. For now:

• DACA recipients outside Texas can still obtain CDLs, provided they have a valid work permit.

• In Texas, CDL eligibility is in jeopardy, pending Judge Hanen’s final ruling.

Carriers should monitor federal court updates closely and avoid assuming that state-issued CDLs are enough proof of compliance. With FMCSA enforcement tightening nationwide, immigration status and licensing rules are now a front-line issue for safety managers and HR departments alike.