Over the course of the past two decades, there has been an increase in foreign drivers in the trucking industry. The number of foreign-born drivers increased by more than double the amount from 2000 to 2021, starting at 316,000 drivers and rising to more than 720,000. By the end of 2025, about 18% of commercial motor vehicle (CMV) drivers in the U.S. are foreign-born. Many of these drivers help to fill gaps in long-haul and regional freight sectors, which deal with recruitment challenges and high turnover.
In the beginning of 2025, several executive orders were signed with the goal of renewing focus on roadway safety, one of which designated English as the official language of the United States. As a result, new guidelines were created to tighten English language regulations for professional drivers. Now, CMV operators will be placed out-of-service if they cannot comply with English language proficiency requirements from the Federal Motor Carrier Safety Administration (FMCSA).
Since these guidelines were put into place, non-domiciled drivers and their effect on safety have become a topic of discussion for many in the trucking sector. Now, Indiana has taken the initiative to cancel the non-domiciled commercial driver’s licenses (CDLs) of nearly 1,800 noncitizens in the state after multiple traffic fatalities involving foreign-born drivers.
Let’s take a look at what this means for foreign drivers in Indiana and what led to this change.
What is a Non-Domiciled CDL?
A non-domiciled CDL is a type of CDL that is issued to a driver who is not a resident of the state that issued it. These kinds of CDLs can be issued under the following conditions:
- An individual domiciled in a foreign country that is not Mexico or Canada, so long as the person obtained the license from a state that complies with the required standards of testing and licensing for CDL drivers.
- An individual domiciled in another state while said state is prohibited from issuing new CDLs, so long as the person obtained the license from any state that elected to issue non-domiciled CDLs and complies with the required standards for testing and licensing for CDL drivers.
Drivers in Canada and Mexico do not need to have a non-domiciled CDL, as those countries have CDL requirements that are reciprocal to the United States. Therefore, drivers are only eligible for a non-domiciled CDL if they are from any other foreign country or a U.S. state that cannot issue CDLs. Foreign nationals must meet the following criteria:
- Have a specific employment-based visa, such as H-2A, H-2B or E-2 visas
- Certify lawful status using a valid foreign passport and an I-94 form when applying for or renewing your license
- Undergo verification through the federal SAVE system
- In-person presence at each renewal.
These criteria are a slight change from previous requirements, which allowed drivers to use Employment Authorization Documents as proof of eligibility. This is a result of systemic noncompliance at the state driver’s licensing agencies.
All CDLs require recipients to pass the knowledge and skills tests. However, non-domiciled CDLs expire faster and are tied to immigration status validity, have stricter vetting and documentation requirements, and eligibility is based on the applicant’s legal status. The practical skills test must also be completed in English, but some states do allow drivers to take the written knowledge tests in other languages. These licenses can only be issued for a maximum of one year.
Indiana’s Revocation of Non-Domiciled DCLs
On April 1, 2026, the Indiana General Assembly officially enacted House Enrolled Act 1200, which narrows eligibility for non-domiciled CDLs. This has resulted in the revoking of 1,790 CDLs. The law makes the driving of a CMV with a “false” CDL, or a foreign CDL without additional entry documents, into a Level 6 felony. Individual drivers are subject to a $5,000 civil penalty and employers can face a civil penalty of $50,000. Additionally, the Bureau of Motor Vehicles is now blocked from expanding CDL testing to other languages.
Drivers must hold H-2A, H-2B or E-2 visas to receive and maintain their CDLs. Prior to this law, applicants for a non-domiciled CDL could qualify if they presented REAL ID documentation for identity; social security number; lawful status and residency, in addition to an unexpired employment authorization document; an expired employment authorization document if it is accompanied by a Form 1-797 receipt or approval notice; or a valid foreign passport that is in tandem with an approved Form 1-94, which is given to noncitizens admitted to the United States.
This new law follows multiple semi-truck accidents in Indiana involving non-domiciled drivers who were either in the country illegally and/or driving with an invalid CDL. On October 16, 2025, a 54-year-old man was killed in a multi-vehicle crash in Portage, Indiana. The semi driver was found to be in the country illegally and was using a family member’s suspended CDL. Another crash occurred on February 3, 2026, in Jay County where a semi-driver swerved and hit a van that was carrying several Amish men, four of which were killed. The driver was taken into Immigration and Customs Enforcement (ICE) custody and found to have had several violations and was an employee of a trucking company that had a history of safety violations. A couple weeks later, a 64-year-old man was killed in Hendricks County after another foreign driver, who was later determined to be in the U.S. illegally, ran a red light and crashed into his vehicle. Most recently, a semi driver living unlawfully in the U.S. struck a pedestrian in Indianapolis on March 5, 2026.
House Enrolled Act 1200 was authored on January 5, 2026, and signed into public law on March 12, 2026.
While the new FMCSA Final Rule regarding eligibility for non-domiciled CDLs already enforces the parameters laid out by the new Indiana law, this bill allows the state of Indiana to criminalize the violation of the FMCSA’s new regulations. Indiana is the first state in the country to pass a bill of this nature.
Injured After a Truck Wreck? Craig, Kelley & Faultless Can Help
Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team that works with investigators, reconstructionists and mechanics who immediately collect evidence as soon as the firm is hired. Additionally, two of the firm’s litigation paralegals are board-certified in truck accident law by the Academy of Truck Accident Attorneys. As David has said, “We don’t just handle truck accident cases. We specialize in these cases.”
Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.
Reach out for a free case consultation today at (888) 253-5198 or online.
David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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