At least 17 fatal crashes and 30 deaths in 2025 alone were caused by non-domiciled drivers who will now be ineligible to get a license
WASHINGTON, D.C. – U.S. Transportation Secretary Sean P. Duffy today issued a final rule to stop unqualified foreign drivers from obtaining licenses to drive commercial trucks and buses. These unqualified foreign drivers pose a significant safety threat to the driving public.
These reforms will address safety concerns by preventing foreign drivers who have not been subject to consular and interagency screening from receiving a commercial driver’s license (CDL). 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. This loophole allowed individuals with dangerous driving histories to obtain a trucking license simply by presenting an Employment Authorization Document (EAD), which does not screen for transportation safety.
“For far too long, America has allowed dangerous foreign drivers to abuse our truck licensing systems – wreaking havoc on our roadways. This safety loophole ends today,” said U.S. Transportation Secretary Sean P. Duffy. “Moving forward, unqualified foreign drivers will be unable to get a license to operate an 80,000-pound big rig. Under President Trump’s leadership, we are putting the safety of the driving public first. From enforcing English language standards to holding fraudulent carriers accountable, we will continue to attack this crisis on our roads head on.”
“A critical safety gap allowed unqualified drivers with unknown driving histories to get behind the wheel of commercial vehicles,” said FMCSA Administrator Derek D. Barrs. “We are closing that gap today to ensure that only qualified, vetted drivers are operating on our nation’s roadways. If we cannot verify your safe driving history, you cannot hold a CDL in this country.”
These reforms are a follow up to Secretary Duffy’s emergency action to end the issuance of non-domiciled CDLs to truckers with unverified driving histories following a surge of deadly crashes involving non-domiciled drivers last summer.
Additional Information:
This Final Rule closes two critical failures: a safety gap that allowed State Driver’s Licensing Agencies (SDLAs) to issue CDLs to foreign drivers without verifying their driving history, and a reliance on EADs that resulted in more than 30 states illegally issuing tens of thousands of licenses to ineligible drivers.
Key Provisions of the Final Rule:
- Strict Eligibility: Eligibility is limited to H-2A, H-2B, and E-2 nonimmigrant status holders, who undergo enhanced interagency vetting.
- Elimination of EADs: EADs are no longer accepted as proof of eligibility due to the systemic noncompliance at the SDLAs. Applicants must present an unexpired foreign passport and specific Form I-94 documentation.
- Mandatory SAVE Verification: States must query the Systematic Alien Verification for Entitlements (SAVE) system to confirm every applicant’s lawful immigration status
Notable crashes caused by truckers holding non-domiciled CDLs include:
- February 14, 2025: A non-domiciled driver triggered a multi-vehicle crash inside a tunnel on I-80 in Wyoming, resulting in three fatalities and 20 injuries.
- August 12, 2025: A non-domiciled driver caused a crash killing three people on the Florida Turnpike after attempting an illegal U-turn.
- October 21, 2025: A non-domiciled driver failed to stop for traffic on a California highway, causing a collision involving eight vehicles that killed three people.
- December 3, 2025: A non-domiciled driver collided with a train at a marked crossing in Ontario, California, killing a crew member.
This Final Rule is effective 30 days after its publication in the Federal Register.
The announcement follows President Trump’s Executive Order last year, which placed a renewed focus on roadway safety and directed the Department of Transportation to take swift action.
Since September, the nationwide audit has resulted in exposing systemic non-compliance in issuing non-domiciled CDLs across several states-including New York, California, Pennsylvania, Minnesota, Colorado, and North Carolina.
In June, Secretary Duffy announced a nationwide audit of states issuing non-domiciled CDLs and unveiled a pro-trucker package that includes millions to expand truck parking, removing one-size-fits-all mandates, modernizing driver resources, and slashing red tape.
In May, Secretary Duffy signed an order announcing new guidelines to strengthen English language enforcement for commercial truck operators. Under the new guidance, commercial motor vehicle (CMV) drivers who fail to comply with FMCSA longstanding English-language proficiency (ELP) requirements will be placed out-of-service.
In March, President Trump signed an executive order designating English as the official language of the United States.