Fact check: Can undocumented immigrants obtain a CDL license in any US state?

1. How federal rules reshaped who can hold a CDL — a policy U-turn with immediate effects

The Federal Motor Carrier Safety Administration issued an interim final rule in 2025 that limits eligibility for non-domiciled Commercial Learner’s Permits and CDLs to people maintaining lawful immigration status in specified employment-based categories, and to certain residents of U.S. territories or decertified states; the change expressly removes EAD-only holders and undocumented immigrants from eligibility ^[1]. This regulatory move was framed as restoring program integrity and standardizing state issuance practices after years in which states issued non-domiciled CDLs to a broad set of applicants; federal guidance now requires documentation of lawful nonimmigrant employment status for the federal-compliant CDL issuance pathway ^[2]. The rule was promulgated in the fall of 2025 and has immediate implications for state DMVs that had relied on broader state-level discretion.

2. The legacy of state variability — how practice diverged before the 2025 rules

Before the 2025 federal restrictions, state practices varied: several states issued standard or limited driver’s licenses to undocumented immigrants, and 43 states reportedly issued non-domiciled CDLs, with many showing large increases in issuance over recent years, a dynamic authorities linked to changes in labor demand and administrative interpretation ^{[3] [4]}. Some jurisdictions relied on the non-domiciled CDL pathway to supply drivers for freight and transit sectors; stakeholders described the non-domiciled category as a workaround that allowed non-U.S. domiciled workers, including some with temporary work authorization, to be employed by carriers while operating in interstate commerce ^[3]. The federal rule sought to reconcile these divergent state practices by imposing a clearer immigration-status-based eligibility standard ^[4].

3. Real-world consequences — who loses access and why advocates warn of workforce impacts

Advocates and some industry observers warn that the 2025 restrictions remove CDL access for refugees, asylees, EAD-only holders, and other groups who previously could obtain or renew CDLs under older rules; these groups include drivers with valid U.S. work authorization but not the specific nonimmigrant employment categories now required ^{[5] [2]}. The rule’s exclusion of EAD-only holders means that many asylum seekers or DACA recipients who previously held CDLs may be unable to renew or obtain new credentials under the federal standard, generating concerns about labor shortages in trucking and logistics sectors that had relied on these workers ^[5]. Industry groups and immigrant advocates have documented that the change could remove thousands of drivers from the eligible pool and disrupt supply chains that had adapted to prior issuance patterns ^[5].

4. Enforcement and irregularities — the government’s account of past mistaken issuances

The Department of Homeland Security has acknowledged instances where individuals who later became undocumented had previously obtained CDLs due to DMV errors or irregularities, and DHS observers reported that historical issuance sometimes reflected changing immigration status over time rather than deliberate fraud at the time of issuance ^[4]. Federal analysis noted large increases in non-domiciled CDL issuance across many states in prior years, which federal regulators cited as evidence that the system required stricter oversight to prevent credentialing that was not aligned with immigration eligibility standards ^[4]. The policy response frames enforcement as closing loopholes created by inconsistent state practices and administrative mistakes, not solely penalizing individual workers who relied on earlier interpretations.

5. The legislative and regulatory horizon — bills and interim rules aiming for uniformity

Parallel to agency action, lawmakers proposed legislation like the “Protecting America’s Roads Act” to impose tougher federal oversight on state issuance of CDLs to foreign nationals and undocumented immigrants, requiring proof of lawful status and U.S. domicile; the bill echoes the interim rule’s objectives and signals congressional interest in codifying tighter safeguards ^[6]. The combined effect of administrative rulemaking and proposed statutes reflects a bipartisan regulatory focus on standardizing CDL eligibility to match immigration criteria, with immediate practical impact on state DMVs, employers, and immigrant workers who previously navigated a patchwork of state policies ^[6]. Observers should watch rule implementation and any legal challenges, since federal-state tensions and labor-market consequences are likely to drive further debate and potential adjustments.