FMCSA Issues Emergency CDL Rule: Non-Domiciled Drivers Face New Restrictions, Enforcement Expands Beyond Licensing

By the SafetyLane Editorial Team

September 2025 Special Report

An Unprecedented Federal Move

On September 26, 2025, the Federal Motor Carrier Safety Administration (FMCSA) issued an Emergency Interim Final Rule (IFR) that immediately restricts how states issue commercial driver’s licenses (CDLs) to non-U.S.-domiciled drivers.

The rule could disqualify nearly 200,000 drivers at renewal over the next 24 months. FMCSA officials describe the action as essential to closing dangerous gaps in the licensing system, while carriers warn of severe workforce disruptions.

IFR Requirements in Detail

The IFR imposes strict new obligations on states and drivers:

• Restricted eligibility: Only holders of H-2A, H-2B, and E-2 visas are now eligible for a non-domiciled CDL. Other visa categories — once commonly used — are no longer accepted.

• One-year maximum validity: Non-domiciled CDLs must be renewed annually, in person, and may not extend beyond the driver’s visa expiration date.

• Mandatory SAVE verification: Every issuance, renewal, transfer, or upgrade must be confirmed through DHS’s Systematic Alien Verification for Entitlements (SAVE) system. If SAVE does not confirm lawful status, the CDL cannot be issued.

• Immediate enforcement: The rule is binding today. States must comply while the public comment period runs in parallel.

Example: A driver with an H-2B visa expiring in June 2026 but a CDL valid until November 2026 can no longer operate past June unless his visa is extended. Similarly, a driver whose SAVE verification fails cannot renew his CDL even if he presents other paperwork.

Accidents That Prompted Federal Action

At a press conference in Washington, Transportation Secretary Sean P. Duffy emphasized that the rule was not only about compliance, but about saving lives. He cited several fatal crashes from earlier this year that involved improperly licensed non-domiciled drivers:

• Texas (March 2025): A reefer truck collided with a minivan near Houston, killing a family of four. The driver’s CDL had been issued past the expiration of his visa.

  
  

• California (May 2025): A multi-vehicle pileup on I-5 killed three motorists. The driver’s CDL was improperly issued by the state, which had failed to verify lawful status.

  
  

• Pennsylvania (June 2025): A tanker rollover near Harrisburg resulted in multiple injuries and a fuel spill. The driver’s CDL had been renewed six months beyond his DHS authorization.

“These are not paperwork errors,” Duffy said. “When a state issues a CDL without verifying lawful status, it creates real danger for families on our highways.”

California’s 30-Day Deadline

FMCSA has given California 30 days to bring its licensing system into compliance. The state must:

• Suspend all new issuances of non-domiciled CDLs.

• Audit all active licenses and revoke or reissue those issued improperly.

• Demonstrate that SAVE verification is fully operational at every licensing stage.

Failure to comply could cost California $160 million in federal highway funds during the first year, with penalties doubling in year two. FMCSA has also warned that California’s CDL program could be decertified entirely if violations persist.

Other states — including Colorado, Pennsylvania, South Dakota, Texas, and Washington — were cited in the audit, but California faces the most urgent compliance deadline.

English Proficiency Enforcement

In parallel with immigration verification, FMCSA has renewed its focus on the English Language Proficiency (ELP) rule. Federal law requires that drivers be able to speak and read English well enough to:

• Communicate with officers at roadside.

• Read traffic signs and hazard warnings.

• Complete inspection reports, logbooks, and other required documentation.

In August 2025, DOT issued letters to California, Washington, and New Mexico, giving them 30 days to demonstrate enforcement of the ELP requirement. That rule will now be enforced alongside the IFR, creating a dual compliance burden for states and carriers.

Enforcement Beyond the Licensing Desk

Although FMCSA’s IFR took effect today, enforcement activity has been intensifying for months.

Immigration and Customs Enforcement (ICE) officers and U.S. Border Patrol agents have been observed at weigh stations and roadside inspection sites throughout the United States, not just in border regions. These officers have been conducting immigration status checks alongside standard CDL and safety inspections.

These actions align with President Trump’s broader directive to accelerate the detention and deportation of undocumented immigrants. SafetyLane has first-hand knowledge of more than 10 drivers detained in different states in recent weeks after SAVE or roadside checks raised questions about their immigration status.

As a result, carriers report growing concern among non-citizen drivers. Even immigrant drivers who are fully compliant with visa terms and CDL requirements now express fear of being detained during enforcement sweeps. Some have already declined dispatches into states where ICE presence at weigh stations has been confirmed.

Industry Impact and Outlook

The IFR and heightened enforcement are expected to have far-reaching effects:

• Approximately 194,000 drivers could lose eligibility within two years.

• Enforcement actions at weigh stations and roadside stops may accelerate attrition beyond formal licensing restrictions.

• Labor shortages are anticipated in seasonal agriculture, port drayage, and long-haul freight, where non-domiciled drivers are most concentrated.

• Analysts predict 5–10 percent freight rate increases in affected markets as capacity tightens.

Industry response remains divided:

• Safety advocates call the measures overdue, saying annual renewals and SAVE checks are essential for system integrity.

• Carrier groups warn of workforce disruption, particularly in port operations.

• Drivers themselves describe heightened anxiety, with some reconsidering their future in trucking altogether.

Compliance Priorities for Carriers

To manage the risks, carriers should:

1. Audit rosters to identify all non-domiciled drivers, their visa categories, and expiration dates.

2. Plan early renewals, scheduling 60–90 days ahead to accommodate SAVE delays.

3. Enforce dispatch restrictions, preventing assignments for drivers whose CDL terms do not match visa validity.

4. Prepare for English proficiency checks, offering internal training and support.

5. Develop contingency plans for attrition and recruitment of U.S.-domiciled drivers.

6. Track enforcement trends, particularly in states where ICE and Border Patrol presence has already been observed.

The Conclusion

The FMCSA’s emergency rule marks a pivotal shift in U.S. trucking regulation. By tying CDL validity directly to lawful immigration status and reasserting English proficiency standards, federal authorities are addressing vulnerabilities that have persisted for years.

The short-term consequences are already evident: ICE presence at weigh stations, detentions in multiple states, and growing fear among immigrant drivers — even those in full compliance. The long-term effects will include labor shortages, rising freight costs, and a fundamental reshaping of workforce practices across the industry.

For carriers, the message is unequivocal: compliance must be proactive and immediate. The federal government has moved enforcement beyond the licensing desk, and the industry will need to adjust rapidly to withstand the disruption.