DACA stands for Deferred Action for Childhood Arrivals, a program created in 2012 to provide temporary protection and work authorization to young adults who were brought to the United States as children. The eligibility criteria are strict, requiring applicants to have arrived in the US before their 16th birthday, continuously resided here since June 15, 2007, and meet certain education and background requirements.
This distinction is critical, as DACA recipients did not make the decision to come to the US and are now facing uncertainty about their ability to work. The program grants a temporary, renewable work authorization and protection from deportation for two-year periods at a time, but does not provide a path to citizenship or access to federal benefit programs.
In the trucking industry, this issue is particularly relevant, as many drivers rely on non-domiciled CDLs to operate commercial vehicles. These licenses are issued by states where drivers are domiciled, but federal regulations allow for their issuance to certain individuals who cannot establish domicile in a state due to immigration status.
The FMCSA has long allowed states to issue non-domiciled CLPs or CDLs to foreign nationals who are lawfully present and authorized to work. For DACA recipients, this pathway made sense, as they hold valid work authorization and have Employment Authorization Documents issued by the federal government.
On September 26, 2025, US DOT Secretary Sean Duffy announced 'emergency action' to restrict eligibility for non-domiciled CDLs. The FMCSA published an Interim Final Rule, effective September 29, 2025, which narrowed who could hold a non-domiciled CDL or Commercial Learner's Permit.
The new rule only applies to holders of three specific visa types: H-2A temporary agricultural workers, H-2B temporary non-agricultural workers, and E-2 treaty investor visa holders. Everyone else, including refugees, asylees, humanitarian parolees, and DACA recipients, would no longer be eligible to obtain, renew, or have reissued a non-domiciled CDL.
This change has significant implications for the trucking industry, with estimates suggesting that up to 194,000 people could lose their jobs if the rule fully takes effect. The operational complications extend beyond individual drivers, as fleet owners and carriers must audit their driver pools for compliance.
The FMCSA argues that the new rule is about safety, specifically about verifying foreign driving records of non-domiciled applicants. However, opponents argue that there is no data connecting immigration status to unsafe driving, and that the distinction being drawn is purely an immigration classification, not a safety classification.
The CDL fight over DACA recipients highlights the complexities of work authorization in the trucking industry.
