Keep Factually independent
Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.
Which states currently issue commercial driver's licenses to undocumented immigrants as of 2025?
Executive summary
As of the sources provided, a majority of reporting distinguishes ordinary state driver’s licenses (19 states + DC as of 2023–2025 reporting) from federally regulated commercial driver’s licenses (CDLs), and notes that some states have issued “non‑domiciled” CDLs to non‑citizens — a practice the Federal Motor Carrier Safety Administration (FMCSA) and Department of Transportation have scrutinized in 2025 [1] [2]. Available sources do not present a single, definitive 2025 list of states currently issuing CDLs to undocumented immigrants, but they identify specific states found in FMCSA reviews (Colorado, Pennsylvania, South Dakota, Texas, Washington) and discuss broader state licensing policies for non‑citizen and undocumented residents [2] [3] [4].
1. Two different questions: ordinary driver’s licenses vs. CDLs
Journalists and policymakers often conflate state driver’s licenses that some states issue to undocumented residents with commercial driver’s licenses (CDLs), but the sources separate the issues: nonprofit and legislative trackers list states that allow undocumented people to obtain regular driver’s licenses (for example, 19 states and D.C. in past reporting) while federal regulators flag non‑domiciled CDLs issued to non‑citizens under federal CDL rules [1] [3] [2].
2. What the NILC and NCSL tracking shows about regular licenses
The National Immigration Law Center (NILC) maintains a table of state laws that explicitly allow driver’s licenses or cards regardless of immigration status; its August 2025 resource catalogs which states enacted such laws and their effective dates [3]. The National Conference of State Legislatures also maps enacted laws allowing unauthorized immigrants to obtain driver’s licenses and is commonly cited for the “19 states + DC” figure used in several summaries [5] [1].
3. FMCSA and DOT focus specifically on non‑domiciled CDLs
Federal oversight centers on CDLs because federal rules limit who may receive them; FMCSA’s 2025 Annual Program Reviews found instances of non‑domiciled CDLs issued in apparent violation of regulatory requirements and named specific states — Colorado, Pennsylvania, South Dakota, Texas, and Washington — as having issued non‑domiciled CDLs improperly or with concerning practices [2]. The Federal Register rulemaking frames the problem as compliance with federal CDL issuance rules rather than a blanket statement about undocumented access in every state [2].
4. Reporting of enforcement sweeps and high‑profile incidents
Several outlets and advocacy statements link fatal crashes and enforcement sweeps in 2025 to scrutiny of non‑domiciled CDLs and employment vetting. Coverage notes arrests and audits in states such as Indiana and Oklahoma and describes federal actions (an emergency interim rule and visa pause) aimed at tightening oversight of foreign and non‑domiciled commercial drivers [6] [2]. However, these reports do not produce a comprehensive list of which states currently issue CDLs to undocumented immigrants as of 2025 [6].
5. Conflicting accounts and disputed compliance (California example)
Overdrive and other reporting show tension between state DMVs and federal agencies: California told Overdrive it used the SAVE system when issuing a contested CDL, while federal rulemaking and DOT statements said the state mishandled a significant share of non‑domiciled CDLs [4] [2]. This illustrates that states may claim compliance while federal audits find failures — complicating a simple “which states” answer.
6. Political statements versus audit‑based findings
Political press releases and statements sometimes assert that particular states are “issuing CDLs to illegal immigrants,” but those claims should be weighed against FMCSA audit findings and legal distinctions between lawful non‑citizen statuses, non‑domiciled applicants, and undocumented immigrants. For example, congressional or gubernatorial statements cited in 2025 rhetoric reference enforcement sweeps and arrests, but the FMCSA Annual Program Reviews provide the federal audit evidence that identifies states with issuance problems [7] [8] [2].
7. What is not in the provided reporting
Available sources do not list a clean, current roster of states that explicitly issue commercial (CDL) licenses to undocumented immigrants in 2025. The sources instead (a) list states that allow regular driver’s licenses to undocumented people (NILC/NCSL reporting) and (b) identify states found in federal APRs to have issued non‑domiciled CDLs in violation of rules (Colorado, Pennsylvania, South Dakota, Texas, Washington) [3] [5] [2]. A definitive, up‑to‑date state‑by‑state CDL status table for undocumented immigrants is not included in the provided materials (not found in current reporting).
8. How to get a definitive answer and the caveats you’ll face
To produce a current, authoritative list you would need [9] the latest FMCSA Annual Program Review data and enforcement letters for each State Driver Licensing Agency, [10] state DMV policy statements on CDL eligibility for non‑citizens, and [11] tracking of recent state laws restricting recognition of out‑of‑state licenses; the provided sources give parts of that puzzle but not the complete set [2] [3] [12]. Expect disagreements between state DMVs and federal auditors, and politicized press releases that simplify or amplify findings [4] [7].
If you want, I can use the provided sources to draft a proposed checklist and step‑by‑step plan to compile a verified, up‑to‑date state list (including which agencies to query, which public records to request, and how to interpret FMCSA APR findings).