DACA Recipient Petitions FMCSA for Class B CDL Exemption

# Can DACA recipients get a Class B CDL under the new FMCSA exemption request?

Jenifer Sanchez Vilchis filed an exemption request with the Federal Motor Carrier Safety Administration (FMCSA) on June 3, 2026, asking the agency to temporarily allow states to issue Class B passenger-vehicle commercial driver's licenses to Deferred Action for Childhood Arrivals (DACA) recipients who hold valid Employment Authorization Documents (EADs). FMCSA opened a public comment period through July 2 before deciding whether to grant or deny the request. If approved, the exemption would 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.

What the exemption request asks for

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. The request targets Class B passenger-vehicle CDLs specifically, not Class A tractor-trailer licenses.

FMCSA 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 49 U.S.C. § 31315(b) to grant exemptions from motor carrier safety regulations on a case-by-case basis.

How February's non-domiciled CDL rule changed eligibility

The petition arrives four months after FMCSA implemented stricter eligibility standards for non-domiciled commercial driver's licenses. In February 2026, 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, 2026, 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. DACA, created in 2012, provides temporary protection from deportation and work authorization to certain individuals brought to the U.S. as children. 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 EADs.

State CDL programs under federal scrutiny

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.

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.

What the broader enforcement crackdown means for carriers

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.

Carriers hiring drivers with non-domiciled CDLs face increased audit risk. FMCSA can issue out-of-service violations if a driver's CDL does not meet current eligibility standards. Small fleets should verify that every driver's CDL matches the immigration documentation FMCSA now requires. If a driver holds a non-domiciled CDL issued before March 16, 2026, check the expiration date and confirm the driver can provide one of the approved visa types when renewing.

What to do before the July 2 comment deadline

Carriers, owner-operators, and industry groups have until July 2, 2026, to submit public comments on Sanchez Vilchis' exemption request. FMCSA will consider those comments when deciding whether to grant the exemption. Comments must address whether allowing DACA recipients to obtain Class B CDLs would provide a level of safety equivalent to or greater than existing regulations.

If you employ or plan to employ DACA recipients as Class B drivers, file a comment supporting the exemption and include specific safety data from your fleet. If you oppose the exemption, file a comment explaining your safety concerns. FMCSA gives more weight to comments that cite operational experience and safety records than to general policy arguments.

Even if FMCSA grants the exemption, it will be temporary. The agency has not announced a timeline for a permanent rulemaking on DACA recipients and CDL eligibility. Carriers should plan for the possibility that the exemption expires or that FMCSA denies the request entirely. Do not hire DACA recipients for Class B positions until FMCSA issues a decision on the exemption.