It
is not possible to provide a specific number for how many illegal
immigrants have commercial 18-wheeler (CDL) licenses because federal law
prohibits individuals without lawful immigration status from obtaining a CDL,
and the status of existing licenses held by some non-citizens is currently in
flux due to ongoing legal and regulatory changes in 2026.
Key
Points on CDLs and Immigration Status
Federal
Ineligibility: Federal regulations require CDL applicants to have a lawful
immigration status. Individuals who are undocumented are not eligible for a
commercial driver's license.
Newer,
Stricter Rules: A federal interim final rule, effective September 2025,
tightened eligibility requirements, limiting non-domiciled CDLs (issued to
non-citizens who are not permanent residents) to only a few specific
employment-based visa categories (H-2A, H-2B, E-2).
License
Revocations and Legal Challenges: The U.S. Department of Transportation
has put pressure on states, like California and North Carolina, to revoke
licenses issued to non-citizens who do not meet the new, stricter federal
criteria.
In
January 2026, California was penalized $160 million in federal highway funds
for delaying the revocation of 17,000 such licenses.
Advocacy groups have filed lawsuits, resulting in court orders that have, at times, temporarily halted the immediate enforcement of the new rules.
Data
Limitations: The precise number of non-citizens who held licenses under
previous, less strict interpretations of the law was estimated to be around
200,000 nationally. However, official data on the number of individuals
currently driving without a valid legal basis under the 2026
rules is not publicly available and subject to ongoing policy changes and
state-level compliance issues.
In summary, federal law requires legal status to hold a commercial license, and recent actions in 2026 are actively working to ensure that only those with specific, approved employment visas are eligible, with states being forced to revoke non-compliant licenses.
In 2026, the exact number of undocumented immigrants holding a Commercial Driver's License (CDL) is not precisely known, but federal audits have identified tens of thousands of licenses issued in violation of federal requirements.
As
of January 2026, the U.S. Department of Transportation (DOT) has uncovered the
following figures during a nationwide crackdown:
California
Violations: Federal officials reported that California's Department of
Motor Vehicles (DMV) admitted to "illegally issuing"
approximately 17,000 to 20,000 non-domiciled CDLs to individuals who
were ineligible or whose lawful presence had expired.
North
Carolina Audit: A January 2026 federal audit revealed
that 54% of North Carolina's non-domiciled commercial licenses were
issued illegally, affecting thousands of drivers in that state.
Total Affected Workforce: Estimates suggest as many as 200,000 immigrant truckers currently hold "non-domiciled" CDLs. Under new federal rules introduced in late 2025, approximately 190,000 to 194,000 of these individuals—including refugees, asylees, and DACA recipients—are now deemed ineligible to renew or obtain a CDL.
New
Regulatory Landscape (2026)
Federal
authorities are currently enforcing strict new eligibility requirements for
non-citizens:
Limited
Eligibility: CDLs are now restricted to individuals with specific
employment-based visas (H-2A, H-2B, or E-2).
Mandatory
Status Checks: States must use the SAVE system to verify lawful
immigration status before issuing or renewing a CDL.
State
Penalties: The DOT has begun withholding millions in federal
transportation funds from states like California ($160 million) for
failing to revoke non-compliant licenses by the January 5, 2026, deadline.
Ongoing Audits: Other states, including Tennessee, Texas, and Washington, are currently auditing legacy records and requiring long-standing CDL holders to prove citizenship or lawful presence.
Norb Leahy, Dunwoody GA Tea Party Leader
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