Some school districts and school bus companies in search of drivers may need to look even harder after a federal rule outlaws the issuing of CDLs to non-U.S. citizens.
Many U.S. states are pausing or suspending the issuance of non-domiciled commercial driver’s licenses (CDLs) in response to U.S. Department of Transportation Secretary Sean Duffy’s Sept. 26 announcement of an emergency action to drastically restrict who is eligible for a non-domiciled commercial learner’s permits (CLPs) and CDLs.
According to the announcement, the rule — effective immediately — comes in response to an ongoing nationwide audit by the Federal Motor Carrier Safety Administration (FMCSA) and “a recent series of horrific, fatal crashes caused by non-domiciled drivers.”
The rule impacts nearly 200,000 current non-domiciled CDL holders and 20,000 CLP holders. FMCSA estimates about 6,000 drivers will qualify for non-domiciled credentials annually under the new restrictions.
It was unknown at this report how many of those are school bus drivers.
Duffy’s announcement indicates the audit uncovered “a catastrophic pattern of states issuing licenses illegally to foreign drivers, as well as the fact that even if the current regulatory framework is followed, it can fail.
“The confluence of these two factors has created an imminent hazard on America’s roadways that must be fixed,” a press release states.
Moving forward, non-citizens are ineligible for a non-domiciled CDL unless they meet a much stricter set of rules, including obtaining an employment-based visa and undergoing a mandatory federal immigration status check using the SAVE system.
SAVE is an online service for registered federal, state, territorial, tribal, and local government agencies to verify immigration status and naturalized/acquired U.S. citizenship of applicants seeking benefits or licenses.
“What our team has discovered should disturb and anger every American,” said Duffy, noting that CDLs are being issued to “dangerous foreign drivers – oftentimes illegally. This is a direct threat to the safety of every family on the road, and I won’t stand for it,” he continued.
FMCSA’s nationwide audit of non-domiciled CDLs uncovered systemic non-compliance across several states, the announcement noted, adding “the worst and most egregious in California. Due to weak oversight, insufficient training and programming errors, the agency found a large number of non-domiciled CDLs were issued to ineligible drivers and those whose licenses were valid long after their lawful presence in the U.S. expired.”
The audit indicates more than 25 percent of non-domiciled CDLs reviewed in California were improperly issued. U.S. DOT cited one case in which the state issued a driver from Brazil a CDL with endorsements to drive a passenger bus and a school bus that remained valid for months after his legal presence in the country expired.
As a result, Duffy also announced direct enforcement action against California, indicating the state must immediately pause issuance of non-domiciled CDLs, identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations, and revoke and reissue all noncompliant non-domiciled CDLs if they comply with the new federal requirements.
Duffy gave California 30 days to come into compliance or FMCSA will withhold federal highway funds, starting at nearly $160 million in the first year and doubling in year two.
Jonathan Groveman, an information officer with the California Department of Motor Vehicles, told School Transportation News the agency is currently reviewing the federal government’s issued guidance within the federal government’s 30-day period.
Duffy indicated FMCSA’s findings are in addition to at least five fatal crashes occurring since January involving non-domiciled CDL holders, prompting what it calls Duffy’s urgent action to “combat the direct threat to national security and the hazard to public safety.”
Colorado, Pennsylvania, South Dakota, Texas, and Washington were also identified as states with licensing patterns not consistent with federal regulations.
The action limits individuals eligible for non-domiciled CLPs and CDLs to foreign individuals in lawful status in the U.S. in certain employment-based, non-immigrant categories, certain individuals domiciled in a U.S. territory, and individuals domiciled in a state that is prohibited from issuing CLPs or CDLs because FMCSA has decertified the state’s CDL program.
It also requires:
• Non-citizen applicants — except for lawful permanent residents — to provide an unexpired foreign passport and an unexpired Form I-94/94A (Arrival/Departure Record) indicating one of the specified employment-based nonimmigrant categories, specifically H2-B, H2-A, and E-2 visas, at every issuance, transfer, renewal, and upgrade action de-fined in the regulation.
• State drivers licensing agencies (SDLA) to query the SAVE system, which is administered by U.S. Citizenship and Immigration Services within the U.S. Department of Homeland Security, to verify the accuracy and legitimacy of provided documents and information.
• SDLAs retain copies of the application documents for at least two years.
• The expiration date for any non-domiciled CLP or CDL to match the expiration date of the Form I-94/94A or to expire in one year, whichever is sooner.
• The applicant to be present in person at each renewal.
• An SDLA to downgrade the non-domiciled CLP or CDL if the state becomes aware that the holder is no longer eligible to hold a non-domiciled CLP or CDL.
STN reached out to all 50 state agencies that issue CDLs, with several state websites announcing changes.
In New Mexico, the Motor Vehicle Division (MVD) announced it has paused its issuance and renewal of CDLs and CLPs to certain non-domiciled foreign individuals as of Sept. 29 to comply with the emergency interim final rules issued by the FMCSA.
The MVD statement reads that the agency’s pause in CDL and CPL issuance and renewal affects foreign nationals relying on an Employment Authorization card to substantiate their authorization to work in the U.S. and it will continue to issue CDLs and CLPs to foreign nationals who present a foreign passport with an approved I-94 Arrival/Departure record.
“New Mexico law complies with all federal requirements for the issuance of CDLs and CLPs to non-domiciled individuals,” according to the statement. “Currently, 204 CDLs and CLPs have been issued to non-domiciled individuals in New Mexico. 2
Legislation introduced in 2022 on behalf of MVD added requirements for issuances of CDLs and CLPs to foreign nationals who demonstrate lawful status in the U.S. Individuals who seek a new or renewed non-domiciled CDL or CLP based on an employment authorization card will not be able to complete their transaction through MVD or its partner offices at this time.’
Regarding school bus drivers, Megan Gleason, public information officer for the New Mexico Department of Taxation and Revenue, noted, “There is a specific endorsement — an S (school bus) endorsement — on commercial driver’s licenses that authorizes drivers to operate a school bus transporting students to and from school or school-sponsored activities.
“When applied to a commercial learner’s permit, the endorsement serves solely for testing purposes, permitting the driver to complete the required skills examination to qualify for the endorsement on their commercial driver’s license,” she said.
Current data on active and total endorsements in New Mexico, indicates there are four active non-domicile CDLs, a total of eight non-domicile CDLs since 2022, one active non-domicile CLPs, and a total of nine CLPs since 2022.
Gleason said the same requirement for a foreign passport with an I-94 for an H2/H2A/E2 visa remains for those drivers at the time of renewal.
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A Texas Department of Public Safety spokesperson told STN all currently issued CDLs, including those to school bus drivers with appropriate endorsements, will remain valid and only the issuance of new CDLs and commercial learners permits, or CLPs, has been halted.
An additional statement from the agency, which issues CDLs and CLPs in Texas, noted that non-citizens include refugees, assylum seekers, and recipients of Deferred Action for Childhood Arrivals, or DACA.
“Customers with a pending issuance will not be allowed to continue any written or skills testing until the services for non-domicile CDL/CLP are reinstated” DPS added.
Other states changes include:
• The Arizona Department of Transportation said in a statement, “it is aware of the new federal guidelines and has instituted them for all new CDL issuances as well as renewals, which includes those seeking CDLs with passenger and school bus endorsements. There are approximately 125,000 CDLs in Arizona, and of those 800 are non-domiciled CDLs.” Though information related to school bus drivers was not known.
• Indiana noted its Bureau of Motor Vehicles has ceased processing all applications for non-domiciled CDL/CLPs, including applications for new, amended, duplicated, transferred, renewed, or upgraded non-domiciled CDL/CLPs. Affected non-domiciled CDL/CLP customers may submit an application at a BMV license branch to apply for or downgrade to a non-CDL driver’s license should they so choose.
• Maryland paused the issuance of all non-domiciled commercial driver products until further notice. This includes issuance, transfers, updates, replacements, duplicates, and renewals of both non-domiciled CLPs and non-domiciled CDLs, adding ‘we apologize for the inconvenience.’
• Massachusetts also apologetically indicated it has paused the issuance of all non-domiciled commercial driver credentials until further notice, including issuance, transfers, updates, replacements, duplicates, and renewals of both non-domiciled CLPs and non-domiciled CDLs.
• Missouri suspended all new, renewal and duplicate nondomiciled CDL and CLP issuance until further notice, including a suspension of knowledge and skills testing for any in-state or out-of-state test applicant who would be restricted to a non-domiciled CDL or CLP.
• Oregon DMV is no longer issuing limited-term (non-domiciled) CDLs and CLPs until further notice.
• Utah has paused issuing non-domiciled CDLs.
• The Wisconsin Department of Transportation (WisDOT) Office of Public Affairs issued a statement. “Due to the recent interim final rule issued by the FMCSA, like many states across the country, WisDOT Division of Motor Vehicles has paused its non-domiciled CDLs and CLPs issuance program to ensure compliance with the interim final rule. Wisconsin already had many of the new rule’s regulations in place. As we work to resolve any remaining issues, we will communicate the status of our program to impacted individuals on our website and at our DMV service centers.”
