The state capital in Austin. Texas has resumed issuing non-domiciled CDLs only to H-2A visa holders under strict federal oversight. (EJ Rodriquez/Getty Images)
key takeaways:
- Texas revoked 6,407 non-domiciled CDLs after federal auditors identified major compliance failures in the state’s licensing program.
- The corrective action has been taken after FMCSA found a 49% failure rate in a sample of licenses issued.
- Texas has resumed issuing non-domiciled CDLs only to H-2A visa holders, pending further federal approval.
Texas has revoked 6,407 non-domiciled commercial driver licenses held by foreign truck drivers as the state resumes limited issuance under strict federal requirements.
Sheridan Nolen, Press Secretary Texas Department of Public Safetytold Transportation Topics that the state has sent those drivers CDL downgrade notices.
“Customers were informed that their CDL privileges have been removed, but they may continue to operate non-commercial vehicles,” Nolen said.
He said the non-domiciled CDL revocation was part of a corrective action plan Texas DPS was ordered to follow after Federal Motor Carrier Safety Administration auditors issued non-compliant licenses.
FMCSA Deputy Administrator Jesse Ellison, the previous chief counsel, issued a noncompliance notice to Governor Greg Abbott and DPS Director Freeman Martin in October after auditors found a 49% failure rate in a sample of 9,600 valid non-domiciled CDLs and CLPs issued by DPS.
U.S. Transportation Secretary Sean Duffy last year ordered states to stop issuing non-domicile CDLs and commercial learner permits until a nationwide federal audit was conducted, prompted by several fatal crashes allegedly caused by foreign truck drivers in highly publicized cases.
“During FMCSA’s investigation into a crash that occurred near Austin, Texas in March 2025, which killed five people, the agency became aware of a non-resident driver … who was mistakenly issued a regular CDL by DPS,” Ellison said.
He said DPS mistakenly determined the foreign driver’s indefinite employment authorization and related refugee status, which entitles the driver to a regular CDL instead of non-domiciled, was determined to be illegal. However, this DPS “error” resulted in an ineligible foreign driver being issued a regular CDL, Ellison said.
Texas was ordered to complete a list of eight corrective actions, or FMCSA would sanction the state, first, permanently withdrawing $182.5 million in the fiscal year 2027 portion of National Highway Demonstration Program and Surface Transportation Block Grant Program funds. Prolonged delays in completing corrective actions could result in Texas incurring the risk of up to $365 million in the second and subsequent years of noncompliance.
Effective today: The Federal Motor Carrier Safety Administration (FMCSA) has approved DPS to resume issuing nonresident commercial driver licenses (CDL) and commercial learner permits (CLP) for H-2A workers.
Under the FMCSA guidelines, which came into effect in March 2026,… pic.twitter.com/WxVm7U8rJV
– Texas DPS (@TxDPS) 1 June 2026
Ellison advised DPS to fix deficiencies identified in its nonresident licensing program, such as revoking/revoking illegally issued driving credentials, or face losing the ability to issue CDLs.
As of June 1, Texas has resumed issuing non-domiciled CDLs and CLPs only to drivers with temporary farm worker H-2A visas.
FMCSA is not approved to issue the other two types of visas for alien truck driver licenses – H-2B for non-agricultural workers and E-2 for treaty investors.
“The Department will be authorized to resume issuance of non-domiciled CDLs to H-2B and E-2 visa holders at the discretion of FMCSA. We will share official updates as they become available,” Nolen said.
