CDL fight reignites as DACA recipient petitions FMCSA

A California woman is asking federal regulators to temporarily restore commercial driver’s license eligibility for Deferred Action for Childhood Arrivals (DACA) recipients, setting up a new chapter in the ongoing debate over immigration status and access to trucking and transportation jobs.

The Federal Motor Carrier Safety Administration announced Tuesday that it has received an exemption request from Jenifer Sanchez Vilchis seeking permission for states to issue Class B passenger-vehicle commercial driver’s licenses to DACA recipients who hold valid Employment Authorization Documents.

The agency is accepting public comments through July 2 before deciding whether to grant or deny the request.

According to the Federal Register notice, Sanchez Vilchis is seeking an immediate temporary exemption that would allow state driver licensing agencies to issue Class B CDLs to DACA holders under the same conditions as other individuals authorized to work in the U. S.

FMCSA said it will review Sanchez Vilchis’ application, safety analyses and public comments before determining whether granting the exemption would provide a level of safety equivalent to or greater than existing regulations. The agency has authority under federal law to grant exemptions from motor carrier safety regulations on a case-by-case basis.

If approved, the exemption could provide a temporary pathway for DACA recipients seeking Class B commercial driving jobs while federal regulators continue implementing the broader overhaul of non-domiciled CDL requirements.

Related: They Grew Up Here, They Work Here – What the CDL Fight Over DACA Really Means for Trucking The petition arrives just months after FMCSA implemented stricter eligibility standards for non-domiciled commercial driver’s licenses.

In February, FMCSA finalized regulations requiring states to limit non-domiciled CDL issuance to foreign nationals who can provide specific forms of lawful immigration documentation, including certain H-2A agricultural worker visas, H-2B temporary worker visas and E-2 treaty investor visas.

The rule took effect March 16 and excluded most DACA recipients from obtaining or renewing non-domiciled commercial driving credentials.

Under the current rules, DACA recipients generally do not meet FMCSA’s definition of lawful immigration status for purposes of obtaining a non-domiciled CDL, despite possessing federal employment authorization documents that allow them to legally work in the U. S.

The issue has become increasingly significant as states across the country reevaluate their non-domiciled CDL programs. Ohio officials recently announced they are reviewing approximately 5,000 commercial driver’s licenses held by non-permanent U. S. residents as part of a broader effort to verify compliance with revised federal standards.

California, Washington, Colorado and Pennsylvania have also paused or reassessed portions of their non-domiciled CDL programs amid heightened federal scrutiny.

Related: Ohio reviews 5,000 nonresident CDLs amid federal compliance crackdown Texas recently resumed issuing non-domiciled CDLs to temporary agricultural workers holding H-2A visas after receiving federal approval, but state officials said eligibility remains limited under FMCSA’s revised rules.

Federal regulators estimate roughly 200,000 non-domiciled CDL holders currently exist nationwide, with approximately 194,000 expected to become ineligible to renew as licenses expire under the new requirements.

The broader crackdown on commercial driving credentials and immigration-related compliance has coincided with intensified enforcement actions involving foreign commercial drivers. More than 3,000 Mexican truck drivers have reportedly lost authorization to enter the U.

S in recent months as federal agencies increased enforcement of cabotage and visa regulations, according to industry officials in Mexico. The debate surrounding DACA recipients and commercial driving jobs has drawn growing attention within the trucking industry.

DACA, created in 2012, provides temporary protection from deportation and work authorization to certain individuals brought to the U. S. as children. According to recent industry analysis, more than 500,000 people currently hold active DACA status nationwide, many of whom have spent most of their lives in the U. S.

and possess valid federal employment authorization documents. Related: Thousands of Mexican truckers lose US visas over cabotage violations The post CDL fight reignites as DACA recipient petitions FMCSA appeared first on FreightWaves.