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Can undocumented immigrants obtain a CDL in California and what documentation is required?
Executive summary
California currently issues AB 60 driver’s licenses to residents regardless of immigration status, but federal and state rules restrict commercial driver’s licenses (CDLs): applicants for a CDL generally must show lawful presence or meet FMCSA non‑domiciled requirements such as an Employment Authorization Document (EAD) or unexpired foreign passport with CBP I‑94 [1] [2]. Recent federal actions in 2025 paused California’s issuance or renewal of limited‑term (legal‑presence/non‑domiciled) CDLs and required stricter verification while litigation over those federal rules remains active [3] [2] [4].
1. California’s AB 60 and regular driver’s licenses — what it actually covers
California’s AB 60 law lets people who cannot prove lawful U.S. presence obtain a state driver’s license by proving identity and California residency; the DMV describes AB 60 licenses as for individuals unable to provide proof of legal presence [1]. This law expanded non‑citizens’ access to ordinary (non‑REAL ID) driving privileges in California, but it does not automatically extend to commercial credentials governed by federal CDL rules [1] [5].
2. Why CDLs are different: federal oversight and “domiciled” rules
CDLs are subject to federal standards enforced by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA’s guidance historically allowed non‑U.S. citizens to obtain non‑domiciled CDLs when they held an Employment Authorization Document (EAD) or an unexpired foreign passport accompanied by an approved CBP I‑94 [2]. That federal overlay means state policies like AB 60 cannot override federal CDL eligibility requirements [2] [5].
3. Documentation that FMCSA guidance has required for non‑domiciled CDLs
Under the FMCSA guidance in effect prior to recent rulemaking, a foreign driver could obtain a non‑domiciled CDL by presenting proof such as a valid Employment Authorization Document or an unexpired foreign passport with an approved CBP I‑94 Arrival/Departure Record; Canadian and Mexican citizens were treated differently because of reciprocal licensing agreements [2]. California DMV historically issued “limited‑term” CDLs consistent with those federal standards [5] [2].
4. What changed in 2025: emergency rules, pauses, and litigation
In 2025 the Department of Transportation/ FMCSA moved to tighten rules around non‑domiciled CDLs and published an Interim Final Rule intended to restore “integrity” to issuance of non‑domiciled licenses; California’s DMV announced it could not issue or renew limited‑term legal‑presence CDLs starting Sept. 29, 2025 under emergency federal rules [4] [3]. However, a federal court issued a stay on the new rule, leaving prior guidance in effect for now — a legal and regulatory limbo that affects who can be issued a CDL [2] [4].
5. Practical implications for undocumented immigrants seeking a CDL in California
Available sources show California issues ordinary AB 60 licenses to undocumented residents but that CDLs are governed by federal CDL rules; therefore, undocumented immigrants without lawful presence approvals like an EAD or qualifying visa are generally not eligible for a resident CDL under FMCSA standards [1] [2]. California had issued limited‑term/legal‑presence CDLs based on non‑domiciled criteria, but federal enforcement actions in 2025 paused such issuances until states meet new standards [5] [3].
6. Competing perspectives and political context
Advocates such as immigrant‑rights organizations and state officials have argued AB 60 and state practices increase safety by ensuring tested, insured drivers and protecting immigrant communities [1] [6]. Federal officials and some legislators argue stricter verification is needed to ensure compliance with immigration and road‑safety rules; a 2025 FMCSA review and subsequent rulemaking cited state non‑compliance and sought limits on non‑domiciled CDLs [4] [7]. The Guardian reported federal pressure to limit eligibility to specific visa classes and to require federal database verification [8].
7. What documentation to prepare if you think you qualify
If you are a non‑U.S. citizen who believes you may qualify for a non‑domiciled CDL under the FMCSA guidance that remains in effect, the documents cited in federal guidance include an Employment Authorization Document (EAD) or an unexpired foreign passport with CBP I‑94; be aware that Canadian/Mexican citizens have different rules [2]. California DMV pages and the FMCSA publications are the authoritative checklists to consult before applying [1] [2].
8. Limitations, next steps, and sources to watch
This account is based on state DMV guidance, FMCSA guidance and 2025 federal action; the legal landscape is unsettled because of an interim rule, an emergency pause by DOT, and a court stay, so eligibility can change quickly [2] [4] [3]. For current, case‑specific advice, consult the California DMV’s CDL pages and FMCSA guidance and consider legal counsel; disputes over the 2025 rulemaking mean “what’s allowed today” could shift [3] [4].
Sources cited: California DMV AB 60 information [1]; Overdrive reporting and DMV comments on CDLs [5]; FMCSA guidance on non‑domiciled CDLs and EAD/I‑94 requirements [2]; FMCSA Interim Final Rule and APR findings [4]; California DMV notice of paused limited‑term CDL issuance [3]; reporting on federal pressure and eligibility limits [8].