“From enforcing English language standards to holding fraudulent carriers accountable, we will continue to attack this crisis on our roads head on,” Transportation Secretary Sean Duffy says. (Yuki Iwamura/Bloomberg)
February 11, 2026 7:04 PM, EST
Key Takeaways:
- The Department of Transportation issued a final rule tightening standards for states to grant non-domiciled commercial driving privileges and barring use of Employment Authorization Documents as proof of eligibility.
- DOT said the change closes a safety gap that allowed tens of thousands of ineligible foreign drivers to obtain CDLs without vetted driving histories.
- The rule takes effect 30 days after its Feb. 13 Federal Register publication while a related temporary rule remains under judicial review.
The Department of Transportation has issued a final rule that tightens the criteria for immigrants who seek to obtain non-domiciled commercial driving privileges.
Specifically, the rule sets new standards that states must follow before issuing non-domiciled licenses and learner’s permits.
According to a Feb. 11 DOT news release, the rule will prevent foreign drivers who have not been subject to consular and interagency screening from receiving a 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,” the agency said. “This loophole 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.”
Going forward, states will no longer be permitted to accept an EAD as sufficient proof of eligibility; applicants must now hold H-2A, H-2B and E-2 nonimmigrant status, as these individuals are subject to interagency vetting, DOT said. All applicants will now be required to present an unexpired foreign passport and specific Form I-94 documentation.
This is for Dalilah Coleman and all the Americans killed or hurt in crashes caused by UNQUALIFIED foreign truck drivers.
These trucker drivers should NEVER have received a commercial driver’s license. And this rule makes sure that it won’t happen again. @POTUS and I are… https://t.co/FYOZUkVxOy
— Secretary Sean Duffy (@SecDuffy) February 11, 2026
In addition, states must now query the Systematic Alien Verification for Entitlements system to confirm every applicant’s lawful immigration status.
“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,” Transportation Secretary Sean Duffy said.
RELATED: Challenge to CDL rule put on hold
“Moving forward, unqualified foreign drivers will be unable to get a license to operate an 80,000-pound big rig,” he added. “From enforcing English language standards to holding fraudulent carriers accountable, we will continue to attack this crisis on our roads head on.”
DOT said overreliance on EADs resulted in “more than 30 states illegally issuing tens of thousands of licenses to ineligible drivers.”
The final rule will take effect 30 days after its Feb. 13 publication in the Federal Register. It effectively supplants a temporary rule Duffy issued in September that halted issuance of non-domiciled CDLs. That rule has been subject to a still-pending judicial review.
Trump Admin Cranks Out More Rules To Keep ‘Unqualified’ Migrant Truckers Off Highwayshttps://t.co/dW8MfkijDA
— Karoline Leavitt (@PressSec) February 11, 2026
Several states have been audited by the Federal Motor Carrier Safety Administration and prevented from issuing non-domiciled CDLs after investigators identified problems with federal rule compliance.
“By aligning the rule’s eligibility requirements to certain employment-based nonimmigrant statuses that receive enhanced and thorough interagency screening and vetting, the agency is narrowly tailoring the regulation to the least restrictive means possible to achieve a compelling government interest — ensuring the safe operation of CMVs and driver safety fitness through vetting non-domiciled drivers at a level comparable to U.S.-domiciled drivers,” the rule states.
“A critical safety gap allowed unqualified drivers with unknown driving histories to get behind the wheel of commercial vehicles,” said FMCSA Administrator Derek 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.”
