DOT’s Emergency Rule Targets Non-Domiciled Truck Drivers
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DOT’s Emergency Rule Targets Non-Domiciled Truck Drivers: Here’s What It Means for Punjabi Sikh Drivers in California
If you’re in the trucking business, chances are you’ve heard about the Department of Transportation’s recent emergency rule aimed at curbing the issuance of non-domiciled commercial driver’s licenses (CDLs), a category of licenses granted to non-US citizens.
Transportation Secretary Sean Duffy introduced the emergency order during a press conference on Friday, September 26, 2025, saying that “the process for issuing these licenses is absolutely, 100%, broken.”
The announcement comes on the heels of a tragic August crash in Florida involving Harjinder Singh, an Indian-born truck driver accused of making an illegal U-turn that killed three people. Duffy cited a nationwide audit of non-domiciled CDLs by the Federal Motor Carrier Safety Administration (FMCSA) that found that states like California, Texas, and Washington had issued thousands of licenses improperly. He threatened to withhold federal highway funds from states that fail to comply.
A DOT press release announcing the rule said that In California alone, more than 25% of non-domiciled CDLs reviewed were improperly issued.
California and Oregon have since complied with the federal rule, pausing the issuance and renewal of non-domiciled CDLs, according to a report in Freight Waves. Colorado, Pennsylvania, South Dakota, Texas, and Washington have followed suit. The rule and subsequent restrictions currently do not revoke previously issued licenses, but Duffy has signaled that he’s looking at ways to make the policy retroactive.
For California’s Punjabi Sikh drivers — many of whom are lawful residents or work visa holders — this sudden rule change raises serious concerns about job security, discrimination, and due process. Under the new rule, non-US citizens will face a number of new barriers to entering or remaining in the trucking industry, including the following.
What Are the Key Provisions of the DOT’s Emergency Rule?
Eligibility Restricted: Only foreign nationals with legal, employment-based visas (H2-A, H2-B, or E-2), lawful status in U.S. territories, or residents of decertified states may apply for non-domiciled CLPs/CDLs.
Document Verification: Applicants, not living as legal residents, must present a valid foreign passport and Form I-94/94A showing eligible visa status at every issuance, renewal, transfer, or upgrade.
SAVE System Check: States must verify immigration documents using the Department of Homeland Security SAVE (Systematic Alien Verification for Entitlements) database to confirm legitimacy.
Document Retention: States must keep copies of all application materials for at least two years.
Expiration Limits: Licenses must expire on the I-94/94A expiration date or within one year, whichever is sooner.
In-Person Renewals: Applicants must appear in person for every renewal.
Immediate Downgrade: States must revoke or downgrade a CDL/CLP if the driver becomes ineligible.
At The Bains Firm we fight for the rights of Punjabi Sikh truck drivers and their families. If you or someone you love has faced discrimination or injury on the job, contact us today for a free consultation.
