Shipping & Freight News

Federal oversight of foreign-domiciled commercial drivers is entering a critical phase, with new licensing restrictions advancing through executive review amid ongoing legal resistance from states. While the Federal Motor Carrier Administration (FMCSA) continues to press forward with its broader crackdown, these developments suggest the rules won’t be applied uniformly—at least in the short term.

Foreign CDL Rule Advances to Final Review

The Trump administration’s effort to overhaul how non-domiciled Commercial Driver’s Licenses (CDLs) are issued is now nearing completion. FMCSA’s Interim Final Rule (IFR), titled “Restoring Integrity to the Issuance of Non-Domiciled CDLs,” has officially moved into review at the Office of Management and Budget (OMB).

This step indicates FMCSA has completed its response to thousands of public comments and is seeking final approval before the rule is formally published in the Federal Register. OMB has up to 90 days to complete its review, though high-priority rules can move faster. Once cleared, the compliance clock will officially begin for states and motor carriers.

Industry groups like the Owner-Operator Independent Drivers Association (OOIDA) have strongly supported the rule, arguing that non-domiciled CDLs have historically sidestepped key vetting requirements, including English proficiency, leading to improperly licensed drivers operating on U.S. highways.

States Push Back, FMCSA Holds Its Ground

Despite the rule’s forward momentum, opposition from state governments remains intense. FMCSA recently announced plans to extend a related information collection requirement for three more years, even though parts of the IFR are currently frozen by a federal court.

A coalition led by Massachusetts and California, joined by 17 other jurisdictions, has challenged FMCSA’s authority, arguing that the data collection requirements are unnecessary, duplicative, and outside the agency’s jurisdiction. States contend FMCSA lacks authority over immigration matters and note that the agency itself has acknowledged no clear statistical link between a driver’s domicile and safety performance.

They also raised concerns about state licensing agencies being forced to store and produce sensitive immigration documents—responsibilities they argue belong with the Department of Homeland Security.

FMCSA has remained firm in its position on the matter. Backed by groups like the Small Business in Transportation Coalition (SBTC), the agency maintains that its authority over the CDL issuance process is “extensive” and that enhanced oversight is necessary to protect safety and regulatory integrity.

English Proficiency Enforcement Comes with Geographic Exceptions

While FMCSA is pressing forward on licensing standards, it has simultaneously narrowed how strictly English Language Proficiency (ELP) rules are enforced in certain locations.

After mandating last year that ELP violations result in drivers being placed out of service nationwide, FMCSA has now carved out specific “safe zones” near the U.S. border. Drivers stopped within designated commercial border areas (typically three to 20 miles from the border, depending on population size) will not be placed out of service for failing a language evaluation. Instead, inspectors will issue a citation and allow the driver to continue.

These exceptions apply regardless of the driver’s country of domicile or license type, including U.S. CDLs, Mexican Licencias Federales, and Canadian CDLs.

FMCSA specifically identified protected zones in:

• El Paso, Texas
• Texas counties: Cameron, Hidalgo, Starr, and Willacy
• New Mexico counties: Doña Ana and Luna

The move reflects a practical acknowledgment of cross-border commerce realities, even as the agency pushes stricter standards elsewhere.

What This Means for Carriers

For motor carriers, the message is mixed but clear: enforcement is tightening overall, but it won’t be uniform. Foreign-domiciled driver scrutiny is increasing, state resistance is ongoing, and compliance obligations will continue to evolve as legal and executive reviews play out.

Carriers operating near border regions should understand where ELP enforcement triggers out-of-service orders. Meanwhile, fleets relying on non-domiciled drivers should prepare for additional documentation, verification, and potential operational friction once the CDL rule clears final review.

Triple T Transport will continue monitoring these developments closely and will share updates as new guidance, court decisions, and enforcement timelines emerge.