On Friday, September 26, the U.S. Department of Transportation (USDOT) issued an emergency rule tightening eligibility for non-citizens to obtain commercial driver’s licenses (CDLs). The action follows several recent fatal crashes involving immigrant drivers and a nationwide audit that revealed thousands of licenses issued in violation of federal rules.

UPDATE: PennDOT has posted the following on its website: 

Due to new federal regulations issued by the U.S. Department of Transportation (USDOT), effective Monday, September 29, 2025 – and as directed by the USDOT – PennDOT has paused the issuance of all non-domiciled commercial driver products until further notice. This includes issuance, transfers, updates, replacements, duplicates, and renewals of both non-domiciled Commercial Learner’s Permits (CLPs) and non-domiciled Commercial Driver’s Licenses (CDLs). We apologize for the inconvenience.

The Federal Motor Carrier Safety Administration (FMCSA) found widespread problems with how states issue non-domiciled CDLs, including in Pennsylvania, California, Texas, and several other states. The rule is designed to close gaps that allowed unqualified drivers to receive licenses and operate commercial vehicles on U.S. highways.

The emergency rule implemented the following: 

• Only drivers holding three visa types — H-2A (temporary agricultural workers), H-2B (temporary non-agricultural workers), or E-2 (business investors) — will be eligible for a non-domiciled CDL.
• States must verify immigration status using the federal SAVE system before issuing a license.
• Non-domiciled CDLs will be valid for no more than one year, or until the visa expires.
• All states must pause issuing new non-domiciled CDLs until they demonstrate compliance with the new requirements.

Currently, about 200,000 non-citizens hold CDLs nationwide. USDOT estimates that 5% of these drivers will qualify to renew under the new rule. Existing licenses will remain valid until their expiration dates.

The emergency rule follows three deadly crashes this year — in Florida, Texas, and Alabama — that federal officials say were caused by drivers who should never have been licensed. The audit found that in California alone, 25% of licenses reviewed were issued improperly, including some to drivers whose work permits had expired years earlier.  

California has 30 days to fix its licensing process or risk losing $160 million in federal highway funds in the first year, with penalties doubling in year two. Other states, including Pennsylvania, have also been flagged for potential violations.

National trucking groups, including the American Trucking Associations, support the rule, emphasizing that consistent enforcement is critical to roadway safety. Non-domiciled CDLs represent about 5% of the total CDL population, so the USDOT does not expect a major disruption to freight capacity.

Pennsylvania was identified in the FMCSA audit for irregularities in non-domiciled CDL issuance. PMTA will work with state and federal officials to ensure compliance and keep members informed of changes.

Carriers should review their hiring and verification processes to confirm they align with the new federal requirements.