Fact check: Which states offer CDLs to undocumented immigrants?

1. What advocates and officials say is changing: federal rulemaking that clamps down on non‑domiciled CDLs

The federal government moved in late 2025 to limit issuance and renewal of non‑domiciled Commercial Driver’s Licenses to certain visa categories, signaling a broad policy shift toward requiring lawful immigration status for most CDL applicants. The Federal Motor Carrier Safety Administration introduced an interim final rule designed to restrict non‑domiciled commercial learner’s permits and CDLs mainly to individuals with specified legal visas, citing integrity and safety concerns ^[1]. The Department of Transportation followed with emergency measures to tighten verification and expressly curtailed non‑domiciled CDL eligibility, reporting that roughly 200,000 noncitizen CDLs were impacted by the changes ^{[2] [3]}. These federal actions represent the most consequential change in federal CDL policy in recent years and frame state options going forward ^[4].

2. Which states were issuing CDLs to undocumented people — and what varied by source

Multiple analyses and reports identify states that have historically issued driver’s licenses or commercial credentials to noncitizen residents, though granularity and scope differ across sources. A 2023 summary noted nineteen states plus D.C. allow unauthorized immigrants to obtain standard driver’s licenses under state laws that set documentation criteria such as foreign birth certificates or consular IDs ^[5]. More recent 2025 reporting highlights individual cases where states—including California and New York—issued CDLs to noncitizens, drawing attention after high‑profile incidents and ICE arrests; these reports emphasize state-level issuance practices rather than a single uniform policy across those nineteen states ^{[6] [7]}.

3. State reversals and exceptions — Texas and other immediate policy reactions

Several states responded to the federal crackdown with policy reversals or immediate enforcement shifts; Texas explicitly announced it would stop issuing or renewing commercial licenses for DACA recipients, refugees, and asylees, invoking driver safety and English proficiency justifications ^[8]. That decision showcases how state safety and political considerations interact with federal rules: some states are accelerating restrictions to align with new federal verification requirements, while others face legal and political pressure to preserve access for immigrant workers. The mix of emergency federal rules and state actions creates rapid policy variation and uncertainty for drivers and employers across jurisdictions ^{[3] [8]}.

4. Legislative pressure: new bills aiming to tighten oversight of foreign nationals driving commercially

Congressional and advocacy pressures intensified with new legislation introduced in October 2025 aimed at bolstering federal oversight over how states issue CDLs to foreign nationals. The “Protecting America’s Roads Act” would strengthen federal authority and could limit state discretion to issue CDLs to undocumented immigrants, representing a legislative complement to administrative rulemaking ^[9]. Proponents frame such bills as necessary for national safety and regulatory uniformity; opponents warn the moves could displace essential workers and disrupt supply chains. The bill’s timing, following emergency DOT rules, signals a consolidated legislative and administrative push to restrict access to CDLs for noncitizens ^{[9] [2]}.

5. Safety incidents and advocacy narratives shaping the debate

High‑profile crashes and arrests involving noncitizen drivers have become focal points in arguments for tighter controls, with reporting alleging that some CDLs issued to foreign nationals were connected to fatal incidents, prompting calls for stricter vetting ^{[7] [6]}. Federal regulators cite such incidents and an asserted pattern of “widespread abuse” in non‑domiciled CDL issuance when justifying emergency rules and tighter verification ^[2]. Advocacy groups on both sides use these incidents to advance divergent agendas: safety advocates pressing for uniform federal checks, and immigrant‑rights groups warning that broad suspensions penalize lawful workers and exacerbate labor shortages in the freight sector ^{[3] [5]}.

6. Numbers and practical effects: who is affected and how many licenses are in play

Federal materials and investigative reporting point to about 200,000 noncitizen commercial license holders as the population most immediately affected by the DOT’s policies, though state‑level totals and the split between lawful temporary visa holders and undocumented individuals vary across datasets ^{[2] [3]}. The DOT rule limits non‑domiciled CDLs to H‑2A, H‑2B, and E‑2 visa holders, excluding many other categories and effectively negating prior state discretion to issue CDLs to undocumented residents. This shift affects labor supply in trucking and could trigger state administrative backlogs, employer compliance burdens, and legal challenges from states or advocacy groups disputing federal reach ^{[4] [3]}.

7. Bottom line: rapidly changing rules, contested evidence, and a patchwork future

The available reporting from September–October 2025 documents a rapid consolidation of federal authority and a consequential contraction of state options to issue CDLs to undocumented immigrants; policy is now dominated by federal emergency rules, proposed legislation, and reactive state actions ^{[1] [9] [2]}. Sources differ on scale, motive, and consequences—some emphasize safety and fraud prevention, while others highlight workforce and equity harms—so the practical landscape will hinge on litigation outcomes, how states implement federal verification, and whether Congress alters administrative authority. The situation remains fluid and geographically uneven, with immediate impacts on drivers, employers, and state licensing agencies ^{[8] [4]}.