USPS tried to ban immigrant drivers

So maybe this is where some of the confusion come from.

Non-Domiciled rules, still in the Code, refer specifically to : Federal Register :: Request Access

In that lengthy reading you will find the term "non-domiciled" is a term invented from whole cloth, by the FMSCA to echo the rules in states that were allowing immigrants to test for and get CDLs.

All of the 'non-domiciled' rules started from that point and reference. 2011. FMCSA put its proposed ruling up for comment. Some folks like mega trucking companies commented. And , by decree of Department of Transportation, rules went into effect and are still in effect today.

Now, the military domiciled stuff came later from idiots in congress grandstanding and not understanding how former military personal would apply to the then current 'non-domiciled' rules.

 

It truly is confusing trying to sort everything out in a simple way.

AI generated answers aren’t reliable at all..one search word changed and you get a completely different answer.

I think that when a rule hits the federal register that’s when it becomes law. To repeal anything once it makes it to the register is complicated and not easy. My understanding of it anyway.

The new emergency order has already racked up a couple suits challenging it and one is brought on by an organization that has been successful in SC cases.

 

Creation of the "non-domiciled" CDL, 2011:

Federal Register :: Request Access

"b. Nonresident CDL


FMCSA proposed amending §§ 383.5, 383.23, 383.71 and 383.73 to reinforce “State of domicile,” as previously defined in the regulations, by specifying that a State may only issue a CLP or CDL to an applicant who is a U.S. citizen or lawful permanent resident. Under the proposal, applicants domiciled either in a foreign country other than those granted reciprocity by the Administrator, or in a State that had its CDL program decertified may be issued a Nonresident CLP or CDL.


Comments. DHS objected to the term “Nonresident” because it is used differently for immigration purposes and could cause confusion. Under their current systems, Florida and New York already issue licenses to drivers who would qualify for Nonresident CLPs and CDLs under the proposed rule, but object to the change on the grounds that it would be burdensome to create a new category of license. Virginia does not currently issue CDLs to drivers domiciled in foreign countries and is opposed to expending resources to create this new category of license. Tennessee objected to Nonresident CLPs and CDLs without explanation.



FMCSA Response. The final rule changes the term “Nonresident” to “Non-domiciled” for both CLPs and CDLs. This change will provide greater consistency with FMCSA's authorizing statute, which bases jurisdictional authority to issue CDLs on domicile, not residency. In addition, the change to “Non-domiciled” will avoid confusion and eliminate any actual or perceived conflicts with DHS' immigration programs. Other than the change to “Non-domiciled,” the rule remains as proposed in the final rule."

"Non-Domiciled CDL" was always intended to give immigrants from other countries CDL licenses.

 

Wanted to pass this Freighwaves article onto you. Backs up what I was trying to say in regards to 2017 and 2019.

Non-Domiciled CDL Emergency Rule could cause capacity crunch

Seems like in 2019 you could get a CDL by just being legal with proper documentation. No longer had to be just drivers imported via company sponsorship.

I got a few more puzzle pieces I’m not ready to put down in haste.

 

It is all like a bad game of telephone. Some idiot reporter , podcaster, YouTuber..... makes some lazy assumptions on how things came into being. Often skewed by their own political view. And the next, after the next, after the next...... reporter, podcaster, Youtuber down to the current Secetary of Transportation, Sean Duffy repeat the same BS without even looking up the law: Federal Register :: Request Access


§ 383.23 Commercial driver's license.
(a) General rule.

(1) No person shall operate a CMV unless such person has taken and passed knowledge and driving skills tests for a CLP or CDL that meet the Federal standards contained in subparts F, G, and H of this part for the CMV that person operates or expects to operate.

(2) Except as provided in paragraph (b) of this section, no person may legally operate a CMV unless such person possesses a CDL which meets the standards contained in subpart J of this part, issued by his/her State or jurisdiction of domicile.

(b) Exception.

(1) If a CMV operator is not domiciled in a foreign jurisdiction that the Administrator has determined tests drivers and issues CDLs in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of this part,[1] the person may obtain a Non-domiciled CLP or Non-domiciled CDL from a State that does comply with the testing and licensing standards contained in such subparts F, G, and H of this part, so long as that person meets the requirements of § 383.71(f).

(2) If an individual is domiciled in a State while that State is prohibited from issuing CDLs in accordance with § 384.405 of this subchapter, that individual is eligible to obtain a Non-domiciled CLP or Non-domiciled CDL from any State that elects to issue a Non-domiciled CDL and which complies with the testing and licensing standards contained in subparts F, G, and H of this part, so long as that person meets the requirements of § 383.71(f).

(3) If an individual possesses a CLP, as defined in § 383.5, the individual is authorized to operate a class of CMV as provided by the CLP in accordance with § 383.25.

[76 FR 26878, May 9, 2011, as amended at 83 FR 22875, May 17, 2018; 83 FR 48975, Sept. 28, 2018]

Appreciate the interest and conversation.