The National Response to the Non-Domiciled CDL Final Rule

The trucking industry has utilized non-domiciled commercial drivers to fill gaps caused by recruitment challenges and high turnover for over a decade, resulting in foreign-born drivers making up 18% of those operating commercial motor vehicles by the end of 2025. Since the beginning of 2025, the Federal Motor Carrier Safety Administration (FMCSA) has tightened guidelines on English language regulations and revised the Federal Motor Carrier Safety Regulations (FMCSRs) Final Rule for eligibility of non-domiciled commercial driver’s licenses (CDLs) after multiple dangerous wrecks involving foreign-born drivers.

These recent severe semi wrecks combined with the tightening of FMCSRs have led to varied responses nationally, and we are still waiting to see how most states choose to implement these changes. So far, Indiana, California, Missouri and Texas state governments have all taken different steps to incorporate the new Final Rule.

What is the Revised Final Rule On Non-Domiciled CDLs?

The FMCSA first amended the federal regulations for State Driver’s Licensing Agencies that issue commercial driving credentials to non-domiciled individuals in September 2025 using an interim final rule. The completed final rule when into effect on March 16, 2026. This rule limits eligibility for non-domiciled Commercial Learner’s Permits (CLPs) and CDLs for foreign-born people, which now only includes “those who hold specific, verifiable employment-based nonimmigrant status”. Now, those that have either H-2A, H-2B or E-2 visa are the only immigrants eligible for a non-domiciled CDL, and no other immigration statuses will be accepted, including those who reside here as asylum seekers, asylees, refugees and Deferred Action for Childhood Arrivals (DACA) recipients.

Although many states issued non-domiciled CLPs and CDLs prior to the effective date of the final rule, the FMCSA strongly encouraged states to “take immediate action to revoke all unexpired non-domiciled CLPs and CDLs” that were not issued in compliance with the new rule at the time that the licenses and permits were issued.

State Responses to the Final Rule

Following the implementation of the interim rule in September 2025, several states began pausing or suspending the issuance of CLPs and CDLs. The Oregon Department of Motor Vehicles (DMV) stopped issuing these permits and licenses on Oct. 1, 2025, stating that “Oregon DMV refers to non-domiciled credentials as limited term, because they are limited to the length of time the holder is lawfully allowed to be in the U.S.” Missouri also stated they would pause testing for non-domiciled CDLs for anyone who is not a U.S. citizen or lawful permanent resident.

Shortly after the interim final rule was enacted, the Texas Department of Public Safety (DPS) announced that it would immediately suspend the issuance of non-domiciled CLPs and CDLs to non-citizens, asylees and DACA recipients. However, on June 1, 2026, the FMCSA gave its approval for Texas DPS to resume issuing non-domiciled CLPs and CDLs to those holding H-2A status. It was stated that Texas DPS will announce the resumption of CLPs and CDLs for drivers with H-2B and E-2 status at a later date.

Indiana responded by revoking the non-domiciled CDLs of just under 1,800 drivers in the state after several fatal wrecks involving foreign-born drivers in the first half of 2026. This was a result of House Enrolled Act 1200, which went into effect on April 1, 2026, and narrowed eligibility for non-domiciled CDLs. Unlike other states, Indiana has made it a Level 6 felony to drive a commercial motor vehicle using a “false” CDL or a foreign CDL without additional entry documents. Drivers could receive a $5,000 civil penalty and their employers would be charged with a civil penalty of $50,000. The Bureau of Motor Vehicles is also blocked from providing the CDL exam in other languages. Indiana is the first state to criminalize violations of FMCSA regulations.

On March 6, 2026, the California DMV canceled close to 13,000 non-domiciled CDLs in the state, despite the state’s government strongly opposing the new final rule. While California has argued the number of professional drivers involved in fatal crashes in the state is below the national average, Transportation Secretary Sean Duffy stated the FMCSA would withhold around $160 million from the state for failing to revoke over 17,000 non-domiciled CDLs that the agency determined were illegal. Only 13,000 were canceled as opposed to 17,000 because drivers either became permanent residents or citizens, voluntarily downgraded their licenses, or their licenses expired since the original review. The California DMV attempted to issue corrected CDLs but was blocked by the FMCSA and are unable to reissue any non-domiciled CDLs until the “pause” is removed.

Although these states are some of the first to put the new FMCSA Final Rule on non-domiciled CLPs and CDLs into action, it is likely that other states will take similar measures going forward. Overall, California’s reluctance and eventual cooperation displays that even the states that do not agree with the FMCSA will have to comply with the Final Rule.

Ask David: Episode 83 of After the Crash with Ashley Napier

David W. Craig is the managing partner and a founding member of Craig, Kelley & Faultless, a personal injury and wrongful death law firm. He has authored two books, Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, to help victims navigate the legal process.

Ashley Napier is the Litigation Supervisor at Craig, Kelley & Faultless. She is a crucial member of the firm’s legal team, working to keep attorneys, file managers, legal assistants, and law clerks on track.

She and David discussed Indiana’s recent revocation of non-domiciled CDLs on a recent episode of After the Crash, David’s free podcast. Ranked fourth-best personal injury podcast by FeedSpot, After the Crash educates and empowers listeners.

Ashley asked David questions about non-domiciled CDLs and what led to tightening of FMCSA regulations during episode 83.

Want to Know More? Check Out These Resources

Learn more by following Craig, Kelley & Faultless on Facebook, LinkedIn and YouTube.

The attorneys at Craig, Kelley & Faultless are nationally recognized and have helped clients across the country recover from life-altering wrecks. They are prepared to fight insurance companies and motor carriers on your behalf.

Both attorneys David W. Craig and Scott A. Faultless specialize in truck accident cases and are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team—including investigators, reconstructionists and mechanics—that is sent to the scene of a wreck to collect evidence as soon as the firm is hired.

For a free case consultation, contact the team at Craig, Kelley & Faultless today by calling (888) 253-5198 or submitting an online form.

David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys. He is board certified by the National Board of Trial Advocacy, accredited by the American Bar Association 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. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. 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, written to help people navigate a terrible situation by answering questions that come 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 Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.