Can Deferred Action for Childhood Arrivals (DACA) recipients lawfully hold a CDL?
Executive summary
Federal action in late September 2025 significantly tightened who may receive non‑domiciled commercial driver’s licenses (CDLs), excluding many people who previously used Employment Authorization Documents (EADs) — including asylum seekers, refugees and, by the rule’s terms, DACA recipients — though a D.C. Circuit administrative stay on November 10, 2025 paused enforcement nationwide [1] [2]. Several states, most notably Texas, moved immediately to stop issuing or renewing CDLs for DACA recipients, refugees and asylees in response to the federal rule [1] [3].
1. What the federal rule changed: narrowed eligibility and new verification
The Department of Transportation’s interim final rule “Restoring Integrity to the Issuance of Non‑Domiciled CDL,” effective September 29, 2025, restricts non‑citizen CDL eligibility so that an EAD is no longer sufficient for non‑domiciled CDLs; only certain employment‑based visas (H‑2A, H‑2B, E‑2, etc.) and a federal SAVE verification now qualify many non‑citizen applicants, expressly excluding groups who previously relied on EADs, a list that includes DACA recipients under the rule’s language [1] [4].
2. Immediate state responses: Texas and others halted issuance
States responded unevenly. Texas’ Department of Public Safety announced that, effective immediately after the federal action, it would halt issuance, renewal and reissuance of non‑domiciled CDLs and CLPs for refugees, asylees and DACA recipients — and would not process pending applications or testing — explicitly invoking the federal rule as the trigger for its change [1] [3].
3. Litigation and the administrative stay that temporarily restores status quo
Advocates and industry groups challenged the rule; on November 10, 2025 the D.C. Circuit issued an administrative stay in case No. 25‑1215, temporarily halting enforcement of FMCSA’s interim rule and allowing asylum seekers, DACA recipients, refugees and other legally present non‑citizens to continue holding or renewing CDLs under prior rules while the court considers the challenge [2] [5].
4. Scale and immediate consequences claimed by sources
Multiple reports estimate the rule could affect roughly 194,000 non‑domiciled CDL holders nationwide; federal filings and industry analysis warned that the rule threatened to remove a significant share of non‑citizen drivers from the market, though the D.C. Circuit stay put those removals on hold for now [6] [2] [5].
5. Conflicting interpretations and state‑by‑state variation
The DOT’s statements and state actions have not been uniform: Eno Center reporting notes USDOT at times carved out DACA recipients in its guidance, but that interpretation has shifted amid guidance changes and litigation [6]. Meanwhile, Texas adopted a stricter posture than the baseline federal rule by explicitly blocking DACA recipients, refugees and asylees from CDL issuance or renewal [1] [3]. Available sources do not mention whether every other state follows Texas’ stricter approach.
6. Practical legal status for DACA recipients now — uncertain and jurisdictional
DACA provides deferred action and work authorization for many recipients, but the federal CDL rule treats EAD‑based eligibility differently; under the new rule DACA‑based EADs were swept into the category that would no longer qualify for non‑domiciled CDLs absent an employment‑based visa, until the D.C. Circuit stay paused enforcement [4] [2]. Some legal observers and firms say DACA recipients who rely on EADs could become ineligible under the rule [4].
7. Competing rationales: safety vs. labor and community impact
FMCSA defended the rule as a safety measure to reduce drivers whose foreign driving history cannot be verified; industry and immigrant‑advocacy sources argue the rule will remove experienced, authorized workers — including many DACA recipients — from the supply chain and harm communities relying on those jobs [5] [7]. Those competing rationales are present in the administrative record and public filings [5] [7].
8. What this means now for a DACA recipient asking “Can I lawfully hold a CDL?”
As of the federal rule’s effective date, many states moved to treat DACA‑based EADs as insufficient for new non‑domiciled CDLs and some (e.g., Texas) stopped issuing or renewing CDLs for DACA recipients [1] [3]. However, the D.C. Circuit’s administrative stay—filed November 10, 2025—temporarily halts enforcement of that rule nationwide, effectively allowing affected individuals to continue holding or renewing CDLs under prior practice while litigation proceeds [2].
Limitations and next steps: court proceedings are ongoing and state practices differ; follow local DMV/DPS guidance and monitor the D.C. Circuit docket and state announcements for final outcomes [2] [1]. Available sources do not mention any new congressional legislation on this issue.