Declaring it a 'national emergency", Secretary of Transportation Sean Duffy today announced plans to crack down on flaws in the system of issuing non-domiciled commercial driver's licenses and learner permits to foreign drivers.
In doing so, Duffy:
- Blamed the problem in part on what he called "the open border" policy of the Biden administration
- Took particular aim at California's issuing and tracking processes for non-domiciled licenses, threatening the state with the loss of highway funds
- Warned all states to undertake "top to bottom" audits of their non-domiciled CDL programs and fix any problems they find
- Said any loss of foreign drivers who hold non-domiciled CDLs will not disrupt the movement of goods because the U.S. has a sufficient supply of drivers to cover all loads
The nation's leading trucking advocacy organizations have voiced their support of Duffy's actions, which come in the wake of a high-profile tractor-trailer accident in Florida involving a driver who entered the country illegally and had been issued CDLs by both Washington and California. Three people died in that crash, which Duffy highlighted in his announcement.
Duffy announced an emergency interim final rule he said restricts who is eligible for a non-domiciled CDL or CDLP. It also orders states to pause the issuance of those licenses. He said the rule, which is effective immediately, comes after a nationwide audit by the Federal Motor Carrier Safety Administration.
The rule limits non-domiciled CDLs to foreign nationals holding H-2A agricultural worker visas, H-2B temporary non-agricultural worker visas, or E-2 treaty investor visas.
Duffy said the rule affects about 200,000 current non-domiciled CDL holders and 20,000 commercial learner’s permit holders. FMCSA estimates about 6,000 drivers annually will qualify for non-domiciled status under the new restrictions,
That audit uncovered instances of states issuing licenses illegally to foreign drivers, as well as the fact that even if the current regulatory framework is followed, it can fail, according to the DOT.
Duffy said the audit found licenses that were issued improperly in California, Colorado, Pennsylvania, South Dakota, Texas, and Washington.
“What our team has discovered should disturb and anger every American,” said U.S. Transportation Secretary Sean P. Duffy. “Licenses to operate a massive, 80,000-pound truck are being issued to dangerous foreign drivers – often times illegally. This is a direct threat to the safety of every family on the road, and I won’t stand for it. Today’s actions will prevent unsafe foreign drivers from renewing their license and hold states accountable to immediately invalidate improperly issued licenses.”
Duffy said FMCSA’s nationwide audit of non-domiciled CDLs uncovered systemic non-compliance in several states. He said the "worst and most egregious" were found in California. He said the audit found a number of non-domiciled CDLs were issued to:
- Drivers who were ineligible
- Drivers whose licenses were valid after their lawful presence in the U.S. expired
In California, more than 25% of non-domiciled CDLs reviewed were improperly issued. Duffy said this is why he issued direct enforcement action against California. He said the state must immediately:
- Pause issuance of non-domiciled CDLs.
- Identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations.
- Revoke and reissue all noncompliant non-domiciled CDLs if they comply with the new federal requirements.
“California’s reckless disregard is frankly disgusting and an affront to the millions of Americans who expect us to keep them safe,” said Duffy. “California must get its act together immediately or I will not hesitate to pull millions in funding."
California has 30 days to come into compliance, or FMCSA will withhold federal highway funds, starting at nearly $160 million in the first year and doubling in the second year.
Major trucking organizations approved of Duffy's actions.
In response to Duffy's announcement, American Trucking Associations President and CEO Chris Spear said, “ATA supports steps to strengthen credentialing standards and ensure that non-domiciled CDL holders have and maintain the proper authorization and qualifications required under federal law. Rules only work when they are consistently enforced, and it's imperative that all state driver licensing agencies comply with federal regulations. We appreciate USDOT taking these steps to guarantee that happens, and we look forward to reviewing the rule in detail and providing specific feedback in our official comments."
The reaction from the Owner-Operator Independent Drivers Association was similar.
“OOIDA and truckers across America applaud Secretary Duffy for responding to our concerns by taking substantial actions to crack down on the irresponsible issuance of non-domiciled CDLs, particularly in California," said OOIDA President Todd Spencer. "For too long, loopholes in this program have allowed unqualified drivers onto America’s highways, creating unnecessary safety risks for professional drivers and the motoring public alike. These enforcement actions will also remove bad actors from the road and restore accountability to the system. Today’s action is an important step toward safer highways and a stronger, more professional trucking industry.”
