Under the final rule, a commercial driver’s license (CDL) will now only be eligible for H-2A, H-2B, and E-2 nonimmigrant status holders who undergo “enhanced interagency vetting,” DOT said.
Employment Authorization Documents, work permits that do not screen for transportation safety, “are no longer accepted as proof of eligibility” due to “systemic noncompliance” at State Driver’s Licensing Agencies.
In addition, all states are now mandated to confirm the lawful immigration status of every foreign applicant for CDLs by verifying them through the Systematic Alien Verification for Entitlements system managed under the Department of Homeland Security.
“States lack the ability to access the driving records of foreigners and illegal immigrants. This loophole allowed individuals with dangerous driving histories to obtain a trucking license simply by presenting an Employment Authorization Document,” DOT said.
“These reforms will address safety concerns by preventing foreign drivers who have not been subject to consular and interagency screening from receiving a commercial driver’s license.”
The eligibility updates follow multiple road accidents involving foreign drivers.
In August, an illegal immigrant truck driver was accused of causing a crash that killed three people in Florida. A month later, in September, another illegal immigrant was arrested after the truck he drove caused an accident that resulted in critical injuries for a 5-year-old girl.
In October, an illegal immigrant with a criminal history was arrested after his truck caused a multi-vehicle accident that ended up killing three people and injuring several others.
This month, Immigration and Customs Enforcement (ICE) arrested an illegal immigrant from Kyrgyzstan whose truck hit a van and killed four people in Indiana.
In its latest statement, DOT said that a nationwide audit had uncovered “systemic non-compliance” in several states, including New York, California, Pennsylvania, Minnesota, Colorado, and North Carolina, when it came to issuing non-domiciled CDLs.
The recent final rule closes the “safety gap” that allowed State Driver’s Licensing Agencies to issue CDLs to foreigners without verifying their driving history. It also ends the reliance on Employment Authorization Documents that resulted in tens of thousands of licenses being issued illegally in more than 30 states.
“For far too long, America has allowed dangerous foreign drivers to abuse our truck licensing systems—wreaking havoc on our roadways. This safety loophole ends today,” Transportation Secretary Sean P. Duffy said.
Stricter Driving Standards
The DOT’s push to enforce stricter truck driver standards faces some challenges.“Commercial drivers are an important part of our economy—our supply chains don’t move, and our communities don’t stay connected without them,” said Steve Gordon, director of California’s Department of Motor Vehicles.







