The Federal Motor Carrier Safety Administration (FMCSA) is not backing down from its crackdown on non-domiciled commercial driver licenses (CDLs), even as multiple states object and a federal court has temporarily blocked enforcement of the rule itself.
In a new federal notice, FMCSA announced it plans to move forward with a three-year extension of its CDL data collection requirements, signaling that the agency fully intends to enforce the rule as soon as the legal pause is lifted. While the interim final rule (IFR) issued in September remains frozen by a court order, FMCSA is laying the groundwork now so enforcement can begin immediately if the stay is removed.
What the Rule Is About
The September IFR significantly tightened restrictions on non-domiciled CDLs and commercial learner’s permits (CLPs). These licenses are issued to drivers who are legally allowed to work in the U.S. but are not citizens or permanent residents.
FMCSA says the rule is meant to close long-standing loopholes that allowed some states to issue CDLs without properly verifying legal status or ensuring licenses expired when work authorization ended. The agency argues this weakened the integrity of the CDL system and made it difficult to enforce safety standards consistently across states.
Why States Are Objecting
A coalition led by California and Massachusetts, along with 17 other states, formally challenged FMCSA’s data collection plan. Their main arguments include:
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FMCSA does not have authority over immigration matters
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The agency has acknowledged there is no proven link between nationality and crash risk
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States would be required to store sensitive immigration documents
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The rule duplicates responsibilities already handled by the Department of Homeland Security
State officials also argue the added paperwork places an unnecessary burden on state licensing agencies without clear safety benefits.
FMCSA’s Response
FMCSA rejected those claims and said recent audits revealed serious gaps in how states track non-domiciled CDLs. According to the agency, many states cannot clearly show:
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How many non-domiciled CDLs they have issued
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Whether those licenses were issued correctly
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Whether licenses remain valid beyond a driver’s legal work authorization
FMCSA stated that without retaining proper documentation, states make it impossible for federal auditors to verify compliance. The agency also said there is no existing federal system that collects the same information, dismissing claims of duplication.
Support From Small Trucking Groups
FMCSA pointed to support from the Small Business in Transportation Coalition (SBTC), which represents owner-operators and small fleets. SBTC told the agency the data collection is necessary and did not dispute FMCSA’s estimate of the administrative workload. The coalition also did not offer alternative methods to reduce the burden without weakening enforcement.
What This Means for Truckers
Even though enforcement is paused for now, FMCSA’s message is clear: the agency expects to move forward.
For truck drivers and fleets, that means:
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The non-domiciled CDL crackdown is still alive
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States may face stricter audits and oversight
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Drivers holding non-domiciled CDLs could face increased scrutiny
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Enforcement could resume quickly once the court stay is lifted
FMCSA is currently accepting public comments on the data collection proposal through March 2. The outcome could shape how aggressively the agency enforces non-domiciled CDL rules once legal challenges are resolved.
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