What Immigrant Truck Drivers Need to Know: New CDL, English-Language & Visa Rules Under Federal Motor Carrier Safety Administration (FMCSA) & U.S. Department of Transportation (DOT)

Overview

Recent policy moves by the DOT under Sean P. Duffy mark a major tightening of who may be licensed to drive commercial motor vehicles in the U.S. These changes affect immigrant drivers, non-domiciled drivers (those living outside a state or who may hold non-standard immigration/work status), and states that issue or supervise commercial driver’s licenses (CDLs) and permits (CLPs).

Key Developments

1. Emergency Rule on Non-Domiciled CLPs/CDLs
   In September 2025 the DOT announced an emergency action that drastically restricts eligibility for non-domiciled CLPs/CDLs — that is, drivers who are not clearly domiciled in the state issuing the permit/license. The rule imposes stricter requirements including a valid employment-based visa and a mandatory federal immigration status check via the SAVE system. FMCSA+2Department of Transportation+2
   • This is a direct response to a nationwide audit by FMCSA that found state agencies issuing licences to drivers improperly documented or whose lawful U.S. presence had expired. FMCSA+1
   • For immigrant drivers without a clear employment-based visa category, this raises major licensing risk.

2. English Language Proficiency (ELP) Enforcement
   The DOT has emphasized that commercial drivers must “share our language” — meaning the ability to read highway signs, respond to law enforcement, understand safety instructions. Department of Transportation+1
   • States now must enforce § 391.11(b)(2) of the FMCSRs, which requires a driver to “read and speak the English language sufficiently to converse with the general public, … understand highway traffic signs and signals in the English language, … respond to official inquiries, and … make entries on reports and records.” Department of Transportation+1
   • Drivers lacking this proficiency risk being placed out-of-service at roadside inspections — which means they lose the ability to legally drive until reinstated.

3. State-by-State Enforcement & Funding Consequences
   The DOT has put states on notice: enforce the rules or face heavy funding cuts.
   • For example, California was found to be out of compliance with the English-proficiency requirement, and the FMCSA announced withholding of more than $40 million from California’s Motor Carrier Safety Assistance Program (MCSAP) funding. Department of Transportation
   • The audit also showed California had issued a large share (more than 25%) of non-domiciled CDLs that failed compliance checks. FMCSA+1
   • Other states — like Washington, New Mexico, Texas — were also identified as having licensing issues and face scrutiny. TT News+1
   • Essentially, if your driver licence was issued in a state under audit or found non-compliant, the risk of revocation or re-issuance is significant.

What This Means for Immigrant/Non-Resident Truck Drivers & Employers

For Drivers:

• If you hold a CDL or CLP and you are a non-citizen, check your immigration status. Under the new rule, a non-domiciled driver must hold an employment-based visa or otherwise satisfy new federal criteria to maintain eligibility.

• If your licence was issued under older standards (pre-audit), there’s a risk it could be reviewed or revoked — especially if it was issued in one of the targeted states.

• English proficiency is no longer optional. Even if you’ve been driving safely for years, failing an English-language test could render you immediately out-of-service.

• If you are applying for a new CDL/CLP, or changing states, ensure you are domiciled correctly, meet federal document requirements, and pass the immigration and language checks — and be aware of possible state-level enforcement changes.

For Employers (Trucking Companies, Leasing Firms, etc.):

• Driver files should be audited to ensure each CDL/CLP conforms to the new non-domiciled/visa eligibility rules and language requirement.

• Be cautious about hiring or assigning drivers whose licences were issued in states under investigation or who may have been issued non-domiciled CDLs under more lenient past rules.

• Understand potential disruptions: if a driver is removed from service for language or eligibility reasons, that affects scheduling, hauling contracts, liability, and compliance with FMCSA regulations.

• Ensure your compliance team tracks each state’s licensing standards, inspection results, and DOT/funding enforcement actions.

Immigration & Visa Considerations

Because the new rule ties non-domiciled CLPs/CDLs to employment-based visas and immigration status checks, immigrant drivers must pay special attention to:

• Whether their current visa category allows driving commercial vehicles (in many cases, typical student or dependent visas do not).

• Whether the licence issuance was based on a valid immigration status at the time — if not, state or federal agencies may deem the licence invalid, even retroactively.

• Consultation with immigration counsel is wise: licence revocation may trigger immigration enforcement, deportation risk, or work-authorization issues if the driver’s work status is tied to the CDL/CLP.

• For those considering a CDL driver role: an immigration-compliant visa must be secured before obtaining or renewing a non-domiciled CDL under the new rules.

States to Watch / Licensing Hot-Spots

• California: highlighted for the most significant non-domiciled CDL infractions; large funding cut announced. Reuters+1

• Washington, New Mexico, Texas: states under audit for CDL issuance practices and language standard enforcement. Department of Transportation+1

• Any state whose licensing agency issues non-domiciled licences should assume heightened scrutiny and possible future action.

Final Takeaways

• The CDL/CLP licensing environment just got much tighter — no more “just apply and get your licence” if you’re non-domiciled or a non-citizen.

• Immigrant drivers must align their immigration status, licensing state, and language proficiency — failing any element could trigger serious consequences: loss of licence, loss of job, immigration exposure.

• Employers must proactively audit and update their driver roster and licensing compliance — liabilities are real.

• States play a big role: if your licence comes from a state under federal audit/funding threat, the risk of revocation is elevated.

Need Help?

If you are an immigrant commercial driver or a trucking company hiring immigrant drivers and you’re facing licence issues, immigration status questions or compliance concerns, our firm can help you navigate these overlapping regulatory, immigration and licensing traps.