FMCSA Issues Emergency Rule: Heightened Inspections and New Restrictions for Non-Domiciled CDL

By the Editorial Team of SafetyLane – September 2025

At an emergency press conference in Washington, Secretary of Transportation Sean Duffy announced a new emergency rule that immediately changes the licensing regime for so-called non-domiciled CDL — commercial driver’s licenses issued to foreign nationals without permanent residency or citizenship, as well as U.S. citizens and permanent residents without a permanent address in the issuing state.

“This is not a bureaucratic correction. This is a matter of life and death,” Duffy stated, emphasizing that systemic gaps in licensing have led to real tragedies on the road.

He illustrated his point with three serious incidents:

• In Texas this March, a driver with an expired visa but a valid CDL caused a head-on collision that killed an entire family.

• In California in May, a truck operated with an improperly issued license triggered a chain-reaction crash on I-5 that left three people dead.

• In Pennsylvania in June, a tanker overturned and caused a massive spill after the driver’s CDL was renewed six months after his legal stay in the country had expired.

“These are just three examples out of more than 120 documented incidents over the past two years,” Duffy said.

What Are Non-Domiciled CDLs?

The category emerged in the 1990s, when the trucking industry faced a chronic driver shortage. To make it easier to hire immigrants with temporary visas and mobile workers, federal law allowed CDLs to be issued without proof of state residency or permanent status. Originally, the aim was practical: provide seasonal labor for agriculture, construction, and port logistics.

Over the years, the category expanded. DMV offices in many states began accepting documents without rigorous checks or federal database verification. In states like California and Texas, the practice became systemic because local economies relied heavily on migrant labor.

Critics have long warned that non-domiciled CDLs are the “weak link” in national transport policy — a loophole allowing individuals with questionable status to operate heavy trucks on American highways. Without a unified federal standard, lapses accumulated.

The Emergency Rule

Now, after a combination of tragic accidents, federal audits, and political pressure, FMCSA is closing this loophole through an emergency rule, with no transition period and immediate effect.

Key provisions:

• Eligible visas: CDLs may only be issued to holders of H-2A (seasonal agricultural), H-2B (seasonal non-agricultural), and E-2 (investor) visas.

• All other visas (F-1 student, B-1/B-2 tourist, temporary humanitarian, etc.) are excluded.

• Validity period: Maximum 12 months, tied directly to the visa or residency permit.

• SAVE system checks: Mandatory verification through DHS’s SAVE system at issuance and renewal.

• No remote issuance: Online or mail renewals are discontinued; drivers must appear in person at DMV with original documents.

• Immediate enforcement: The rule takes effect without delay.

A History of Federal Crackdowns

This is not the first time Washington has taken drastic steps in the name of national security and safety.

• After 9/11, worker ID standards were raised, creating the TWIC system for port workers and TSA pilot programs for aviation security.

• In 2005, the REAL ID Act established uniform standards for IDs and driver’s licenses, forcing all states to comply despite initial chaos and resistance.

California at the Center

A federal audit found that 25% of all non-domiciled CDLs in California were improperly issued — due to missing SAVE checks, licenses extended beyond visa expirations, or licenses issued without a true state address.

The state has been given a 30-day ultimatum: halt new issuances, review ~48,000 active licenses, and prove full SAVE integration. If not, $160 million in federal funding will be cut this year, with penalties doubling to $320 million next year. California DMV has already imposed a moratorium and claims teams are “working around the clock,” though the governor vowed to defend immigrant labor in court.

English Proficiency Rule

The FMCSA will also strictly enforce the English Proficiency Rule (49 CFR §391.11). Every CDL driver — including non-domiciled CDL holders — must be able to speak and understand English well enough to communicate with inspectors, read road signs, and follow verbal instructions.

Recent CVSA reports cite dozens of cases where lack of English skills led to immediate Out-of-Service orders. Experts warn that language barriers are an “invisible risk” that can trigger accidents, especially in emergencies.

Enforcement on the Ground

Roadside checks are already underway. ICE and Border Patrol are conducting inspections in Texas, Arizona, New Mexico, California, Georgia, Illinois, Iowa, and Nebraska. In just weeks, more than a dozen non-domiciled CDL drivers have been detained.

Some were out of status, but even lawful immigrants and U.S. citizens without a fixed address were held for hours. This has spread fear and caused drivers to avoid “high-risk states.”

Example:

“I live in my truck and don’t have a permanent address. At my last inspection they held me for three hours until they confirmed I’m a citizen. It was humiliating,” said a driver from Illinois.

Market Impact

There are about 200,000 active non-domiciled CDL drivers — ~6% of the workforce. Concentrations: California (25%), Texas (18%), Florida (10%).

Analysts warn that even partial removal of these drivers will worsen the shortage already exceeding 80,000 annually. Expected effects:

• Inter-state freight rates up 5–10%.

• Agricultural transport costs up 8–12%, raising food prices.

• Container deliveries via Los Angeles and Long Beach delayed up to 15% in peak season, raising consumer prices.

• Small carriers relying on immigrant labor could lose 20–25% of capacity in the first year.

Real-World Scenarios

1. Texas: Driver with expired visa but valid CDL stopped. SAVE shows no status.

   • Result: Driver detained by ICE, truck sidelined, carrier faces delay and lost load.

2. Illinois: Driver fails to understand verbal instructions at weigh station.

   • Result: Immediate Out-of-Service, truck blocked until relief driver arrives.

3. California: U.S. citizen without permanent address flagged as non-domiciled CDL.

   • Result: 4-hour verification delay, delivery disruption, reputational harm.

     
     

What Carriers Must Do

With immediate effect, carriers should:

• Run SAVE verification for every driver at hire, renewal, or status change.

• Conduct internal English proficiency checks (oral test, basic communication) and record results in driver files.

• Review routes and avoid states with active ICE/FMCSA sweeps if possible.

• Update hiring procedures with systematic visa/residency screening.

• Train dispatchers and staff on handling Out-of-Service orders, detentions, and inspections.

• Consult legal experts if employing drivers with temporary or uncertain status.

Conclusion

FMCSA’s emergency rule is a decisive regulatory intervention targeting identification, immigration tracking, and English competency in commercial trucking. While the goal — safety and national security — is legitimate, the immediate effect will be disruptive in an industry already struggling with driver shortages, high insurance, and economic pressure.

Carriers who act proactively will weather the transition best. For those who don’t, non-compliance is no longer just a risk — it’s a liability.

SafetyLane Magazine will continue monitoring developments, publishing best practices, and providing compliance tools for the industry.