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What documentation and eligibility requirements do states that issue CDL to undocumented immigrants require?
Executive summary
Federal rules and court actions are in flux: Federal Motor Carrier Safety Administration guidance has long allowed certain non‑U.S. nationals with an Employment Authorization Document (EAD) or an unexpired foreign passport plus CBP I‑94 to obtain a non‑domiciled CDL [1], but a recent DOT/FMCSA interim rule trying to tighten eligibility was stayed by a court and enforcement has been blocked as of mid‑November 2025 [2] [3]. State practices vary: some states issue regular driver’s licenses to undocumented people but many restrict CDLs or follow federal non‑domiciled rules, and lawmakers and federal actors are actively pushing new limits [4] [5] [6].
1. How federal guidance frames who can get a “non‑domiciled” CDL
FMCSA guidance (the pre‑rule guidance still in effect because of a court stay) explicitly permits a foreign driver who holds an Employment Authorization Document (EAD) or an unexpired foreign passport accompanied by an approved CBP I‑94 to obtain a non‑domiciled CDL [1]. The guidance also notes that Canadian and Mexican citizens are treated differently because FMCSA recognizes their home‑country commercial licenses as meeting U.S. standards, so they generally do not get U.S. non‑domiciled CDLs [1].
2. What states typically require in practice — and why that varies
State DMVs must follow federal CDL standards but have discretion in how they implement identity, residency and immigration document checks. Many sources say states often allow undocumented people to get regular (non‑commercial) driver’s licenses but are far more restrictive or inconsistent about CDLs, because federal rules specifically govern commercial credentials and states must ensure compliance [4] [5]. Some states impose additional state‑level eligibility criteria for non‑domiciled CDLs — for example, requiring particular visa categories such as H‑2A or J‑1 in certain state policies [7].
3. Documentation commonly cited as necessary
Under FMCSA guidance, the chief documents cited for non‑domiciled CDL eligibility are an Employment Authorization Document or an unexpired foreign passport with an approved CBP I‑94 [1]. State pages and legal guides referenced in reporting commonly advise applicants to present immigration status documents, proof of identity and residency as required by that state, and in some states proof of a work authorization tied to the job [4] [7].
4. Recent federal push to tighten rules and political context
There has been an aggressive federal push to restrict non‑domiciled CDL issuance: legislation and executive actions (including a 2025 executive order and bills like the “Non‑Domiciled CDL Integrity Act” advanced by Representative Dusty Johnson) seek to limit non‑domiciled CDLs to those with lawful status and a work visa tied to the CDL job [6]. Supporters frame this as restoring safety and legal compliance; critics and at least one court say the agency didn’t adequately justify safety claims or follow rulemaking procedures [6] [2].
5. Court developments that affect eligibility on the ground
A federal appeals court halted the Transportation Department’s new restrictions in November 2025, finding procedural flaws and that FMCSA failed to show the rule would promote safety; the court also cited FMCSA data showing immigrants hold a small share of CDLs and an even smaller share of fatal crashes [2] [3]. That stay means the earlier FMCSA guidance and the pre‑rule regulatory framework remain operative for now [1] [2].
6. State actions, audits and real‑world consequences
The controversy has prompted state audits and enforcement actions — for example, reporting indicates California revoked about 17,000 CDLs amid scrutiny over licenses that remained valid after work permits expired [2] [3]. That illustrates how state recordkeeping and expiration practices can produce mismatches between state‑issued commercial credentials and federal expectations [2].
7. Competing perspectives and what to watch next
Proponents of tighter limits argue they protect public safety and regulatory integrity [6]. Opponents — and at least one court — say the agency didn’t justify the change and that immigrants make up a very small share of fatal crashes [2]. Stakeholders to watch include FMCSA rulemaking outcomes, ongoing litigation, state DMV audits, and legislation like the Non‑Domiciled CDL Integrity Act that would constrain state discretion [6] [2].
Limitations and next steps: available sources detail federal guidance, a court stay, legislative pushes and examples like California’s revocations, but do not provide a complete, state‑by‑state list of current CDL documentation requirements; for granular, state‑specific application checklists consult the relevant state DMV or the NCSL map on driver’s‑license laws [8] [1] [4].