The latest state to come under fire from federal regulators over how it handles non-domiciled commercial driver's licenses is firing back at Washington, D.C.
On Wednesday, Illinois issued a strongly-worded statement condemning the Trump administration’s assertions regarding the state’s past handling of non-domiciled CDLs.
U.S. Transportation Secretary Sean Duffy Tuesday said the Federal Motor Carrier Safety Administration's review of Illinois’ non-domiciled CDL program found nearly one in five licenses to have been issued illegally. Illinois has 30 days to come into compliance and revoke the illegally issued licenses, or risk losing $128 million in federal highway funding, according to a statement by the DOT.
RELATED NEWS: Illinois latest state criticized for how it handles non-domiciled CDLs
Illinois Secretary of State Alexi Giannoulias issued a statement that said, according to federal guidelines, non-domiciled residents seeking a CDL must show proof of legal status in the U.S. They could present an Employment Authorization Document (EAD) or an I94 with a valid foreign passport. In its letter, FMCSA fails to recognize an extension granted to EAD holders, said Giannoulias' statement.
The federal government’s policy on processing backlogged EAD renewals called for extending the validity of existing EADs. The policy existed until October 31, 2025.
Giannoulias said Illinois had already adopted the use of the SAVE system to verify the lawful immigration status for all non-domiciled CDL applicants before the FMCSA’s interim rule was announced last year. The Secretary of State’s office has also adopted additional safeguards to retain and validate application documents.
The Secretary of State’s office believes its CDL issuance policies and practices are substantially compliant with applicable FMCSA requirements and will not justify cutting federal highway funding. The office intends to conduct a review of the FMCSA findings.
Since the interim final rule was published by the FMCSA, Giannoulias said Illinois – along with most other states – paused issuing and renewing non-domiciled CDLs despite its compliance with federal and state laws and regulations. At least 24 jurisdictions remain on pause for issuance and renewal of CDLs. The rule would also allow most non-domiciled CDLs to expire, without possibility of renewal, within a two-year period.
“A strong economy depends on strong logistics,” Giannoulias said. “If trucks don’t move, supply chains fail, prices rise, and families feel it in their pocketbooks. We can see the actions by the Trump administration taking their toll on our truckers and our farmers, both of whom are essential to Illinois’ economy.”
The state of Illinois was joined in its objection to the DOT's warnings, by two other organizations.
In his statement, Giannoulias said that in January, the Illinois Agricultural Association, representing multiple agricultural-based organizations in the state, wrote to Giannoulias expressing “serious concern” regarding the pause in issuing CDLs and stating the federal agency’s “decision is having immediate and growing negative impacts on agricultural operations across the state and threatens to disrupt critical spring and early-season activities.”
“Illinois agriculture depends on timely, practical, and legally sound regulatory decisions. Continued uncertainty places employers, workers, and food production systems at unnecessary risk,” added the letter, signed by eight associations, including the Illinois Farm Bureau. “We believe a prompt resolution is both achievable and essential.”
The growth of non-domiciled CDLs has coincided with the explosive increase of e-commerce and the massive shift to online retail, which has made fast and reliable delivery essential to meet consumer demand, Giannoulias said.
“Commercial driver’s licenses are the backbone of Illinois’ trucking industry and the supply chain that keeps our state moving, including the vital transportation network that supports our agriculture community,” said Matt Hart, Executive Director of the Illinois Trucking Association. “Ensuring that qualified, capable drivers have a clear and accessible path to earning a CDL in Illinois is essential to maintaining a safe, strong, and reliable workforce that delivers for farmers, businesses, and families across our state. The pause on the non-domicile CDL creates uncertainty for the industry that is already stretched thin and puts many in limbo. For many drivers, especially owner-operators, their CDL isn't just a credential – it's their livelihood."
In November, a federal appeals court placed a temporary administrative stay on the rule, but on February 13, FMSCA published a final rule that will again significantly limit the individuals eligible for a non-domiciled CDL. A resolution is not expected soon as litigation is likely to continue, according to Giannoulias.
