On September 26, 2025, the Department of Transportation (DOT) declared a national emergency over how states issue commercial driver’s licenses (CDLs) to noncitizens. The reason? A federal audit uncovered systemic failures that allowed ineligible drivers to stay on the road — some long after their legal status expired.
What Triggered the Emergency?
The Federal Motor Carrier Safety Administration (FMCSA) found that multiple states were issuing CDLs to noncitizens without properly verifying immigration status. In some cases, licenses remained valid years beyond the expiration of the driver’s legal stay in the U.S.
The DOT Secretary Sean Duffy didn’t mince words:
“The process for issuing these licenses is absolutely 100% broken. It has become a threat to public safety and it is a national emergency that requires action right now.”
What’s Changing?
As of Sept. 26, the DOT’s interim final rule introduces strict new requirements:
- Drivers must provide an unexpired foreign passport (not from Canada or Mexico) and an unexpired Form I-94/I-94A.
- No more online or mail-in renewals — all CDL renewals must be done in person.
- States must verify immigration status using Department of Homeland Security’s Systematic Alien Verification for Entitlements system. Only specific employment-based nonimmigrant statuses are acceptable: H-2A, H-2B, and E-2
- Match non-domiciled CDL/CLP expiration dates with U.S. Immigration Form I-94/94A expiration dates or set licenses to expire in one year, whichever is sooner.
- States must retain application documents for at least two years.
- Licenses must be downgraded immediately if a driver becomes ineligible.
- Current non-domiciled CDLs and CLPs will remain valid until expiration; however, they cannot be reissued.
States that don’t comply risk losing federal highway funding and their authority to issue CDLs.
Several states were flagged, but California is facing the biggest fallout. With 25% of its non-domiciled CDLs found in violation, it has just 30 days to comply or risk losing $160 million in federal funds. Colorado, Pennsylvania, South Dakota, Texas and Washington were also singled out for licensing failures.
Key Takeaways:
- The Transportation Department declared a national emergency Sept. 26 after an audit found widespread failures in how states issue commercial driver licenses to noncitizens.
- New federal rules require in-person renewals, DHS verification of immigration status and license expirations tied to immigration documents, with California facing the steepest penalties.
- States must comply immediately or risk losing highway funds, while industry groups said the crackdown is necessary to protect safety without disrupting the supply chain.