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The United States Department of Transportation (DOT) will tighten the requirements for non-citizens to obtain commercial driver's licenses (CDL), following three fatal accidents this year that, according to the authority, were caused by immigrant truck drivers who "should not have been granted permits."
According to the official statement released this Friday, the states must suspend the issuance of CDLs to non-citizens until they prove compliance with the new rules, which limit eligibility to three types of visas (H-2A, H-2B, and E-2), require verification of immigration status in a federal database, and establish a maximum validity of one year (or less, if the visa expires before then).
The Secretary of Transportation, Sean Duffy, specified that he will drastically limit who can apply for commercial learner's permits (CLP) and commercial driver's licenses (CDL) for non-residents.
The regulation, which takes effect immediately, is a response to an ongoing national audit conducted by the Federal Motor Carrier Safety Administration (FMCSA).
The national audit of licenses for non-citizens began following a fatal crash in Florida that resulted in three deaths, attributed to a driver who—according to authorities—was in the country illegally.
"What our team has discovered should concern and anger all Americans," stated Duffy.
"Permits are being issued to drive huge trucks weighing 80,000 pounds to dangerous foreign drivers, often illegally. This poses a direct threat to the safety of all families traveling on the roads, and I will not tolerate it," he declared.
The DOT threatened to withdraw 160 million dollars in federal funds from California after investigators found that one in four of the 145 CDL for non-citizens reviewed should not have been issued under current regulations.
The review cited four instances in which the state kept permits active years after the driver's work authorization expired. California has 30 days to audit its program and submit a compliance plan, or it will lose funding.
According to Duffy, the audit found improperly issued licenses in California, Colorado, Pennsylvania, South Dakota, Texas, and Washington. “The system has been compromised,” he stated, arguing that the current rules are not strict enough and that several states are not complying with them.
The DOT also recalled that it had already warned California, Washington, and New Mexico about the obligation to enforce the English proficiency requirements for truck drivers adopted this summer; the responses from those states are still under review.
Until further notice, all states must halt the issuance of CDLs to non-citizens until they are able to comply with the regulations.
With the new criteria, only 10,000 of the 200,000 non-citizens who currently hold CDLs would meet the requirements; the regulations will not be retroactive, allowing 190,000 to retain their license until renewal.
Duffy stated that, despite reports of a shortage of drivers, he does not anticipate any operational issues because non-citizen permits account for less than 5% of the total.
Immigrant truckers at the center of the controversy
In August, one of the controversial cases emerged that has reignited the debate over the issuance of licenses to non-citizens.
In Florida, Harjinger Singh, a 28-year-old truck driver, was charged with causing a fatal accident on the Turnpike highway in Fort Pierce, which resulted in three deaths.
Singh is facing three charges of vehicular homicide and three charges of involuntary manslaughter after, according to the investigation, he attempted to make an illegal U-turn on August 12 in an area marked for "official use only."
The case has generated national controversy because Singh, who has been living irregularly in the United States since 2018, obtained a commercial driver's license in California, despite not meeting the language and legal residency requirements.
According to official documents, he failed the English exam and did not provide proof of residence, yet he still received the permit through the federal SAVE system.
Frequently asked questions about the new U.S. Department of Transportation regulations for truck drivers without citizenship
What changes has the U.S. Department of Transportation implemented regarding the issuance of licenses for non-citizen truck drivers?
The U.S. Department of Transportation has tightened the requirements for non-citizens to obtain commercial driver's licenses (CDL). Now, only those with certain visas (H-2A, H-2B, and E-2) will be able to obtain them, and it will be mandatory to verify immigration status in a federal database. Additionally, the licenses will have a maximum validity of one year or until the visa expires.
Why have the requirements for immigrant trucker licenses become stricter?
The requirements have tightened in response to several fatal accidents attributed to immigrant truck drivers who should not have received driving permits. The goal is to improve road safety and ensure that only legally qualified drivers obtain these licenses.
What impact will the new regulations have on non-citizen truck drivers in the U.S.?
It is estimated that only 10,000 of the 200,000 non-citizens currently holding CDLs will meet the new requirements. However, the regulations will not be retroactive, allowing the remaining 190,000 to keep their licenses until renewal. This measure could impact the availability of drivers in a sector that is already experiencing a shortage of skilled labor.
How does the new regulation affect states that do not comply with the licensing rules for immigrants?
The DOT has threatened to withdraw federal funds from states like California if they do not comply with the new regulations. California has 30 days to audit its program and submit a compliance plan or risk losing 160 million dollars in funding. The audit has found improperly issued licenses in states such as Colorado, Pennsylvania, South Dakota, Texas, and Washington.
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