The Federal Motor Carrier Safety Administration has updated a final rule — currently being challenged in federal court — that restricts non-citizens’ ability to obtain commercial driver’s licenses.

U.S. Department of Transportation Secretary Sean Duffy made the announcement in a Feb. 11 press release. The final rule is expected to be published in the Federal Register on Feb. 13 and take effect 30 days later. 

Duffy issued an emergency final rule in September that could have resulted in the removal of up to 194,000 drivers from U.S. highways. A federal appeals court ordered DOT in November to pause enforcement, in part because the government didn’t follow proper procedure in drafting the rule. 

Duffy did not reference the legal challenge in the press release. However, he said the final rule aims to close safety gaps that allowed state driver’s licensing agencies (SDLAs) to issue CDLs to foreign drivers without verifying their driving history, and to rely on employment authorization documents (EADs) that resulted in more than 30 states illegally issuing tens of thousands of licenses to ineligible drivers.

“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 Duffy. “Moving forward, unqualified foreign drivers will be unable to get a license to operate an 80,000-pound big rig.”

Provisions of the final rule include:

• Strict eligibility: Eligibility is limited to H-2A, H-2B, and E-2 nonimmigrant status holders.
• 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

“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.”

The Owner-Operators Independent Drivers Association was quick to praise the final rule. 

“OOIDA and truckers across America support the Trump Administration’s continued actions to crack down on the issuance of non-domiciled CDLs. For too long, loopholes in this program have allowed unqualified drivers onto our highways, putting professional truckers and the motoring public at risk. This final rule is a major step toward safer roads, stronger accountability, and a more professional trucking industry,” said OOIDA President Todd Spencer.