WASHINGTON, D.C. — A new federal rule that took effect this week bars most immigrant truck drivers from holding commercial driver’s licenses, a sweeping change that could push an estimated 194,000 non-domiciled CDL holders out of the freight market as their licenses expire and is already facing legal challenges in court.

The rule, issued by the Federal Motor Carrier Safety Administration, limits non-domiciled CDL eligibility exclusively to holders of H-2A (temporary agricultural workers), H-2B (temporary non-agricultural workers), and E-2 (treaty investors) visas. It bars asylum seekers, DACA recipients, and holders of Temporary Protected Status from obtaining or renewing commercial licenses. Employment Authorization Documents, previously accepted as proof of eligibility, are no longer valid under the new standards. All non-domiciled CDLs are now capped at one year of validity, and applicants must present an unexpired foreign passport accompanied by a Form I-94. Because this affects a significant portion of the truck drivers workforce, implications could be widespread.

According to FMCSA, there are approximately 200,000 non-domiciled CDL holders currently active, representing roughly 5% of the 3.8 million active interstate CDL holders in 2024. The agency estimates that approximately 194,000 of those drivers will exit the freight market as they become unable to renew their licenses. Going forward, FMCSA expects only around 6,000 non-domiciled CDLs to be issued annually under the new framework. Drivers will lose their licenses as they expire rather than immediately, though FMCSA has strongly recommended that states audit their non-domiciled CDL holders’ qualifications promptly. In short, many truck drivers face losing their jobs due to this rule change.

The DOT cited safety concerns as the primary justification for the rule, pointing to a gap in driver history verification. “While U.S. drivers are subject to strict checks through national databases for past violations, such as DUIs, reckless driving, or crash involvement, states lack the ability to access the driving records of foreigners and illegal immigrants,” the department said. A Federal Register notice added that reliance on work permits had proved “administratively unworkable and resulted in widespread regulatory non-compliance” and that the earlier system “allowed individuals with dangerous driving histories to obtain a trucking license simply by presenting an Employment Authorization Document, which does not screen for transportation safety.” Notably, the safety of truck drivers and motorists is at stake, according to officials.

Transportation Secretary Sean Duffy dismissed concerns about driver shortages. “There are plenty of great American drivers ready to act,” Duffy said, adding that the rule would create more opportunities for domestic workers. FMCSA said it “believes there will be a limited economic impact on the freight market and motor carriers,” pointing to past data showing the freight sector adjusted to changing conditions during and after the COVID-19 pandemic. The rule does not apply to commercial drivers licensed in Canada or Mexico, as the United States recognizes their licensing standards under existing reciprocity agreements. Additionally, this policy may alter the demographic makeup of truck drivers within the U.S.

Opponents of the rule, however, say the administration is targeting immigrants without evidence that they cause more accidents. “The Trump administration has conceded that there’s no empirical relationship between a person’s nation of domicile and safety outcomes,” said Wendy Liu, a lawyer at the Public Citizen Litigation Group, which is leading a lawsuit against the rule. Ongoing litigation is seeking to block the policy from taking effect. Many immigrant truck drivers and their advocates are fighting against the new restrictions.

Lewie Pugh, vice president of the Owner-Operator Independent Drivers Association, which represents more than 130,000 small trucking companies and independent drivers, said the organization supports the rule. “Our members support anything that will make the road safer not only for them but for all the families and motorists that they share the highway with,” Pugh said, adding that deregulation had drawn poorly trained drivers into the industry with lower barriers to entry. Truck drivers’ safety is emphasized by industry leaders.

Transportation attorney Gregory Reed, who specializes in regulatory issues, said he does not expect major supply chain disruption but acknowledged costs will rise. “I have not heard any concerns about labor shortages or significant disruption to the supply chain or transportation industry, but this change will be reflected in the cost of doing business,” Reed said. With fewer truck drivers in the market, transportation costs could increase.

Dr. Ricky Volpe, professor of agribusiness at California Polytechnic State University, warned of a broader ripple effect on food prices. Volpe explained that truck transportation — especially for long-haul routes and refrigerated cargo — serves as the backbone of the entire food system, with virtually every segment of the food supply chain depending on trucks, including other transportation modes such as barges, carriers, and trains, which all rely on trucking at the final stages of delivery. He noted that trucking rates are already rising faster than overall inflation, creating a multiplicative effect on food prices. As a result, fluctuations in the number of truck drivers may influence food costs across the country.

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