Foreigners want to drive a big rig? They'll need more than work authorization papers, Duffy says.

Feb 12, 2026 - 12:26
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Foreigners want to drive a big rig? They'll need more than work authorization papers, Duffy says.


Department of Transportation Secretary Sean Duffy took action on Wednesday to prevent unqualified foreign drivers from operating semi-trucks. This decision comes in response to several fatal crashes involving non-domiciled commercial driver's license holders, a situation that has gained national attention over the past year.

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Duffy issued a final rule, "Restoring Integrity to the Issuance of Non-Domiciled Commercial Drivers Licenses," which aims to close safety gaps in the issuance of CDLs to foreign 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.'

Perhaps the most significant provision of the DOT's final rule eliminates the reliance on Employment Authorization Documents to demonstrate eligibility for non-domiciled CDLs, which the agency notes had led to "widespread regulatory non-compliance." Instead, applicants will be required to present a foreign passport or Form I-94 documentation.

"While U.S. drivers are subject to strict checks through national databases for past violations — such as DUIs, reckless driving, or crash involvement — states lack the ability to access the driving records of foreigners and illegal immigrants. This loophole allowed individuals with dangerous driving histories to obtain a trucking license simply by presenting an Employment Authorization Document (EAD), which does not screen for transportation safety," a DOT press release states.

Another key condition of the final rule is a restriction on eligibility that requires foreign nationals to hold H-2A, H-2B, or E-2 visas, which are temporary non-immigrant visas for workers and treaty investors. These visa holders, while eligible to receive a non-domiciled CDL, must undergo enhanced interagency vetting.

Additionally, state driver's licensing agencies will be required to confirm every applicant's immigration status via the Systematic Alien Verification for Entitlements system.

RELATED: ‘Shady carriers hiring illegals’: Sen. Banks launches trucking tip line after 4 Amish men die in crash

Photo by Brandon Bell/Getty Images

"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," Duffy said. "Moving forward, unqualified foreign drivers will be unable to get a license to operate an 80,000-pound big rig. Under President Trump's leadership, we are putting the safety of the driving public first. From enforcing English language standards to holding fraudulent carriers accountable, we will continue to attack this crisis on our roads head-on."

Federal Motor Carrier Safety Administration Administrator Derek Barrs stated, "If we cannot verify your safe driving history, you cannot hold a CDL in this country."

"At least 17 fatal crashes and 30 deaths in 2025 alone were caused by non-domiciled drivers who will now be ineligible to get a license," the DOT stated.

RELATED: Trucker accused of killing 4 Amish men — and DHS claims he's an 'illegal alien'

Sean Duffy. Photographer: Michael Nagle/Bloomberg via Getty Images

California has repeatedly leaned on EADs to defend its issuance of CDLs to foreign nationals who were involved in fatal accidents.

In October, Jashanpreet Singh, a 21-year-old Indian national with a California CDL despite being in the United States illegally, was involved in a collision on the I-10 freeway that resulted in the deaths of three individuals, including a high school basketball coach and his wife.

"The FEDERAL government approves and renews all FEDERAL employment authorization documents that allows individuals to work and obtain commercial driver's licenses," the California State Transportation Agency stated.

In August, Harjinder Singh, a 28-year-old Indian national who also obtained his CDL in California, was accused of causing a crash that killed three people in Florida. California Democrat Governor Gavin Newsom's office similarly blamed the federal government, again citing the driver's work permit.

"Hey, Commander Cosplay," the office wrote, referring to President Donald Trump, "the federal government (YOU) already confirmed that this guy meets federal and state immigration requirements — YOU issued him a work permit (EAD). Oops."

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Fibis I am just an average American. My teen years were in the late 70s and I participated in all that that decade offered. Started working young, too young. Then I joined the Army before I graduated High School. I spent 25 years in, mostly in Infantry units. Since then I've worked in information technology positions all at small family owned companies. At this rate I'll never be a tech millionaire. When I was young I rode horses as much as I could. I do believe I should have been a cowboy. I'm getting in the saddle again by taking riding lessons and see where it goes.