New bill aims to make DOT’s non-domiciled CDL rule a law

The Trump administration’s emergency interim final rule sets out to regain control of the CDL system.

Proponents of the rule say that states were misusing non-domiciled CDLs to flood the market with truck drivers from foreign countries. The U.S. Department of Transportation says that many of those drivers were in the country illegally and often did not meet the requirements to operate a commercial motor vehicle.

“We have a government system designed to keep families on the road safe, but that system has been compromised,” Transportation Secretary Sean Duffy said. “I’m talking about non-domiciled commercial driver’s licenses that are issued across the country. In plain English, this is a license to operate a massive 80,000-pound truck that is being issued to foreign drivers who are not U.S. citizens or lawful permanent residents. The process for issuing these licenses is absolutely 100% broken. It has become a threat to public safety, and it is a national emergency that requires action right now.”

DOT’s rule, which took effect in late September but was later paused by a federal appeals court, drastically reduces the number of foreign drivers who could be eligible for a CDL. For instance, an Employment Authorization Document (EAD) would no longer be 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. The majority of current non-domiciled CDL-holders possessed an EAD. FMCSA estimated that the changes would remove about 194,000 current non-domiciled CDL holders from the trucking industry. Many of the individuals may be eligible for other employment in the United States.

Although the rule took effect immediately, its continuance isn’t guaranteed. On Nov. 10, the U.S. Court of Appeals for the D.C. Circuit ordered that the rule be “administratively stayed” pending further order of the court. Additionally, a future administration could reverse the rule.

That’s where the Non-Domiciled CDL Integrity Act comes in.

HR5688, which was introduced by Rep. David Rouzer, R-N.C., would simply make the Trump administration’s emergency interim final rule law. Doing so would make any attempts to change course much more difficult.

“If you don’t make it permanent law … you could have a new administration come in and repeal every executive order and every rule and regulation regardless of its merits,” Rouzer said on an episode of Trucking with OOIDA. “And we saw that four years ago when President Biden came in. He repealed many of the rules and regulations, as well as many of the executive orders, that President Trump put in place during his first term.”

FMCSA’s emergency interim final rule followed a nationwide review of how states issue non-domiciled CDLs. According to an FMCSA fact sheet, the audit revealed “widespread non-compliance among state driver licensing agencies and a troubling series of fatal crashes caused by non-domiciled CDL holders.” Days later, Oklahoma Gov. Kevin Stitt announced an enforcement effort that led to the arrest of 130 commercial truck drivers. He said the majority of those arrested were “illegal immigrants,” and he included a photo of a CDL from New York that included “No Name Given.”

Rouzer said this is an example of why the emergency rule and his bill are needed.

“You take inventory of some of those high-profile accidents, and you quickly begin to understand that those were very much preventable had you drivers behind the wheel that knew what they were doing … Even more concerning is the fact that they’re not even citizens of the country or even here legally.”

HR5688 would crack down on states that have been giving CDLs to undeserving drivers, Rouzer said.

“Some of these CDLs don’t even have a name on them … It’s almost unbelievable that would be the case, but, unfortunately, it’s true.”

As of press time, Rouzer’s bill had 33 co-sponsors.

Lawsuit

On Oct. 20, several groups asked the U.S. Court of Appeals for the D.C. Circuit to block FMCSA’s interim final rule, saying it would have “devastating consequences” for hundreds of thousands of people who depend on their CDL to earn a living.

The lawsuit was filed by the Public Citizen Litigation Group, the American Federation of Teachers and the American Federation of State, County and Municipal Employees.

The named plaintiff is Jorge Rivera Lujan, who has been a truck driver for 11 years. According to the groups, Rivera Lujan is a DACA recipient who has lived in the United States since he was 2 years old. He said he tried to renew his CDL on Sept. 30 but was told he could not do so because of the interim final rule.

“Without a commercial driver’s license, I will lose my business and the income that allows me to provide for my family,” Rivera Lujan said. “I have followed all the rules and complied with all requirements set by the government.”

On Oct. 24, the groups asked the court to delay the rule’s effective date until the lawsuit plays out.

In a response brief submitted on Oct. 31, FMCSA’s attorneys argued that much of the danger surrounding issuing non-domiciled CDLs to foreign drivers is that there is no way to review their driving records.

As of press time, the rule was still paused. However, the court said it was pending review and “should not be construed in any way as a ruling on the merits of those motions.” LL