ICE continues to freeze out drivers with non-domiciled CDLs

Raids conducted by ICE, along with state and local partners, around the country continue to target undocumented immigrant drivers, drivers with non-domiciled CDLs and drivers failing to comply with the English proficiency standard.

Since compliance with and enforcement of the English-language proficiency standard and pressure on non-domiciled CDLs hit a boiling point in 2025, more states are amping up enforcement. A handful of states have partnered with Immigration and Customs Enforcement during these multi-day enforcement blitzes.

Oklahoma has been hot to trot, with three raids in recent months (more on the third raid below). Indiana and New York have also gotten in on the action as of late.

Texas and Wyoming are the latest to conduct these safety blitzes.

Texas enforcement blitz

Texas officials said they apprehended 31 truck drivers who were believed to be in the U.S. illegally.

As part of the joint operation by the Texas Department of Public Safety and federal law enforcement, 105 commercial vehicle inspections were conducted along Interstate 40. According to a news release from Texas Gov. Greg Abbott, troopers were unable to verify the lawful presence of 31 drivers despite them all having CDLs. Texas officials said that the “majority” of the CDLs had been issued in California.

The suspected drivers were referred to U.S. Immigration and Customs Enforcement (ICE). According to the news release, ICE determined that all of the drivers were in the U.S. illegally.

“Millions of Texans drive on our highways, roads, and streets every day,” Abbott said. “When illegal immigrants break the law and illegally drive on our roads, they endanger the lives of countless Texans and Americans. This joint state and federal operation along one of the nation’s longest transcontinental highways removed illegal drivers and unsafe vehicles from Texas roads. While liberal states like California issue licenses to illegal immigrants and risk the lives of Americans, Texas will work with our federal partners to maintain safe roads and apprehend illegal immigrants to protect our communities.”

Wyoming Operation Safe Haul

Wyoming got in on the ICE action, running a three-day blitz looking for undocumented immigrants and truck drivers with a non-domiciled CDL.

With Wyoming’s aggressive enforcement and out-of-service rates for non-compliance with the English proficiency standard, it was likely only a matter of time before they got even more aggressive. According to data from the OOIDA Foundation, since June, when the out-of-service penalty for lack of English proficiency was reinstated, Wyoming has a 92.5% out-of-service rate on 562 English-language proficiency violations.

Enter Operation Safe Haul, a partnership between the Laramie County Sheriff’s Office, Wyoming Highway Patrol and ICE. Between Nov. 18 and 20, a safety blitz targeting commercial drivers was conducted.

According to a Sheriff’s Office news release, the trio of agencies conducted 133 inspections, placing 44 vehicles and 38 drivers out of service – 16 for CDL/licensing issues, 10 for English-language violations, and two for drug violations.

“I am sorry to see these irresponsible and undocumented drivers tarnish the reputation of professional commercial carrier drivers who uphold safety regulations and keep America moving,” said Laramie County Sheriff Brian Kozak in a press release.

Oklahoma’s Operation Guardian strikes again

Launching its third such safety blitz in as many months, the Oklahoma Highway Patrol’s Operation Guardian hit again. This time on Nov. 17, the 12-hour enforcement effort focused on Highway 69 in Bryan County, Okla.

According to an Oklahoma Department of Public Safety news release, 160 commercial motor vehicle inspections were conducted. Seven “legal aliens” were cited for violation of the English-proficiency standard. Of note, there were also 76 undocumented immigrants arrested for immigration violations during passenger vehicle stops.

While the two previous Operation Guardian releases specifically mentioned ICE as part of the enforcement partnership, the new release on the current blitz is unclear. Calls to Oklahoma DPS were not immediately returned.

Meanwhile, in the courts

The Department of Transportation initiated a direct final rule – one that does not go fully through the rulemaking process before its effective date – to stop the issuance of non-domiciled CDLs while the program is reviewed.

The rule, which took effect immediately in late September, was expected to remove about 194,000 non-domiciled CDLs. Under the interim rule, an Employee Authorization Document (EAD) was no longer enough to obtain a non-domiciled CDL. Additionally, asylum seekers, asylees, refugees and Deferred Action for Childhood Arrivals (DACA) recipients would be excluded from eligibility.

A lawsuit was filed by a number of groups, including the Public Citizen Litigation Group, the American Federation of Teachers and the American Federation of State, County and Municipal Employees, challenging the direct final rule. The groups not only challenged the rule’s legality but also requested an emergency stay.

On Nov. 10, the U.S. District Court of Appeals for the D.C. Circuit granted an administrative emergency stay to give the court more time to look at the merits of the case. Three days later, the court elevated the administrative stay to a full emergency stay.

U.S. Department of Transportation Secretary Sean Duffy pledged on Nov. 18 to battle the lawsuit, telling Laura Ingraham on the Ingraham Angle that agency leaders were reviewing legal strategies.

Two days later, the DOT requested that the lawsuit be put on pause while the rulemaking process is completed. This is a common tactic used in court cases when a final rule is challenged. No ruling on the request had been released as of press time.

However, one more clock is ticking, and that’s the one on the original request for comments on the interim final rule.

Although the emergency rule originally took effect in late September, the agency was still going through the rulemaking process and accepting comments through Nov. 28.

“In anticipation of promulgating a final rule, the government respectfully moves to hold these cases in abeyance,” the DOJ attorneys wrote on Nov. 19. “The comment period on the interim final rule at issue closes in just nine days, on Nov. 28. The agency intends to review the comments received, respond to those comments (including changes to the rule, to the extent appropriate) and issue a final rule.

“An abeyance will conserve judicial and party resources and promote the efficient and orderly disposition of the pending petitions, including by ensuring the parties do not unnecessarily brief issues rendered moot or otherwise changed by the promulgation of a final rule.”

Comments can be submitted by going to Regulations.gov and entering Docket No. FMCSA-2025-0622. As of Nov. 24, the agency had received more than 7,100 comments. LL