Earlier this year, the Department of Transportation’s Federal Motor Carrier Safety Administration issued final regulations directing state licensing agencies to limit issuance of new Commercial Drivers Licenses (CDLs) to holders of certain immigration visas. Drivers must hold a CDL in order to operate a commercial motor vehicle in interstate commerce.

The rule says that states can only issue CDLs to holders of H-2A, H-2B, or E-2 visas. Immigrants lawfully present in the U.S. as refugees, those seeking asylum status, and Deferred Action for Childhood Arrivals (DACA) participants are ineligible for new licenses. The DOT regulations allow current CDL holders outside of these visa categories to continue driving until such current licenses expire.

Several affected drivers and unions representing drivers have filed federal lawsuits challenging the new rules. Many recent immigrants to the U.S. have taken jobs as commercial drivers, and if upheld, the new rules could significantly impact motor transportation staffing levels. Motor carriers with drivers disqualified for CDL renewal could explore moving them to an eligible visa category, or in the alternative planning for driver turnover in the event the legal challenges to the rules are unsuccessful.

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