The federal government has opened a public comment period on a sweeping rule that would sharply restrict who can obtain or renew a commercial driver’s license if they are not U.S. citizens, a move officials say is meant to prevent further deadly roadway crashes involving foreign drivers.
The rule, published by the Federal Motor Carrier Safety Administration, follows what Transportation Secretary Sean P. Duffy called an “emergency action” to close “dangerous loopholes” in how states issue commercial licenses to non-domiciled drivers.
The agency said it discovered widespread noncompliance across several states, including California, Colorado, Pennsylvania, South Dakota, Texas, and Washington.
“Licenses to operate a massive, 80,000-pound truck are being issued to dangerous foreign drivers — often times illegally,” Duffy said in a September 26 statement. “This is a direct threat to the safety of every family on the road, and I won’t stand for it.”
The Federal Register docket for the measure, titled Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses, describes the new policy as an “interim final rule” that “significantly limits the authority for [states] to issue and renew non-domiciled commercial learner’s permits and CDLs.”
The public may submit feedback through November 28 at 11:59 p.m. Eastern time.
Under federal law, most new regulations, including those issued through interim final rules, must include a public comment period under the Administrative Procedure Act, giving the public a formal opportunity to weigh in before the rule is finalized, the Administrative Conference of the United States explained in a 2021 bulletin.
Duffy’s announcement came amid mounting political pressure following a string of fatal accidents allegedly caused by immigrant truck drivers. The Department of Transportation presser said at least five deadly crashes this year involved non-domiciled CDL holders, including one in Florida in which a driver in the country illegally allegedly made a U-turn that caused three deaths.
California — which Duffy accused of “gross negligence” — faces direct enforcement action from the Department of Transportation. The state has 30 days to comply or risk losing nearly $160 million in federal highway funds, Duffy said, according to a report from The Guardian.
California officials have pushed back, saying they are following the law.
“The federal government previously allowed commercial driver’s licenses for asylum seekers and refugees and on September 26 announced emergency regulations to cease this practice that went into effect on September 29,” Eva Spiegel, a spokesperson for the California Department of Motor Vehicles, told the outlet. “California is in compliance with these regulations and will remain in compliance with federal law.”
Gov. Gavin Newsom’s office previously noted that California’s licensed commercial drivers have a lower crash rate than the national average and that of Texas, which has more licensed truckers.
The matter was highlighted again when a reportedly intoxicated illegal alien crashed into drivers, killing 3, in Southern California, The Dallas Express reported.
The issue has ignited strong reactions from truckers and industry workers across the country. Thousands of public comments have already been filed on Regulations.gov, with views split between safety concerns and fairness for immigrant drivers.
“It feels deeply unfair that, starting September 29, legal immigrants in the U.S. — truck drivers with work authorization, TPS, or programs like Uniting for Ukraine — are no longer able to renew their driver’s licenses once their work authorization expires,” wrote commenter Denys Shvab. “We are not asking for favors. We are asking for fairness.”
Another commenter, Ricardo Barboza, said, “I fully support the new rules that will be put in place [sic] make the roads safer for all Americans [sic] put Americans first!”
A veteran driver, Michelle Braithwood, wrote, “As A CDL driver for almost 20 years, I 100% support and demand that only AMERICANS drive our tractor trailers. Too many non-English speaking drivers are causing accidents and murdering innocent people.”
Others urged the department to refine, not scrap, the rule. “We the truckers of America… work the most dangerous occupation in the country to pay: the highest taxes, the most tolls on the interstate, and risk heavy tolls on our health and home life,” wrote commenter Terry B. “Please if you read this Secretary Duffy, hope you and your team make revisions to this ruling.”
The Guardian reported Monday that Duffy reaffirmed his intention to revoke California’s highway funding if the state fails to comply. On Fox News Channel’s Sunday Morning Futures, Duffy alleged that California had issued “tens of thousands” of commercial licenses to non-citizens.
“So you have 60,000 people on the roads who shouldn’t have licenses,” he said, warning that the state’s ability to issue CDLs could also be suspended.
Public comments can be submitted on the federal docket through November 28. Once the period closes, FMCSA must review submissions before issuing a final version of the rule — a process that could further shape one of the most consequential changes to U.S. commercial driver policy in decades.