Texas DPS suspends issuing CDLs in several categories

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(The Center Square) – In response to a new emergency rule issued by the Trump administration, the Texas Department of Public Safety suspended issuing certain commercial driver licenses.

Transportation Secretary Sean Duffy took emergency action to drastically restrict who is eligible for a non-domiciled commercial learner’s permit (CLPs) and CDL. The action was taken in response to an ongoing nationwide audit by the Federal Motor Carrier Safety Administration (FMCSA), which identified “a catastrophic pattern of states issuing licenses illegally to foreign drivers.”

As of Friday, “non-citizens will not be eligible for a non-domiciled CDL,” Duffy said, unless they have a verified employment-based visa and are verified through a mandatory federal immigration status check using the SAVE system, The Center Square reported.

The FMCSA audit uncovered systemic non-compliance in several states, including Texas, where it said licensing patterns were “not consistent with federal regulations.”

Texas DPS then announced effective Monday that it suspended issuing non-domicile CDLs and all CDLs to non-citizens who are refugees, asylees or Deferred Action for Childhood Arrivals (DACA) recipients.

The suspension also impacts the issuance of non-domicile CLPs and CLPs for non-citizen refugees, asylees and DACA recipients, it said, adding that Texas DPS “has never issued any type of license to asylum seekers who have not been approved for lawful presence.”

As of Monday, Texas DPS is not issuing, renewing or reissuing CDL/CLPs if an applicant “falls under the non-domicile, refugee, asylee or DACA categories.” Those with pending applications “will not be allowed to continue any written or skills testing until the services for non-domicile CDL/CLP are reinstated,” it said.

The department is working with FMCSA to comply with the new rules and says it will publicize additional information as it becomes available.

The action was taken after Texas DPS officers have been strictly enforcing the English language proficiency FMCSA requirements, citing hundreds of violations. The majority of offenders have not held Texas driver’s licenses, The Center Square reported.

Troopers working through DPS’ Commercial Vehicle Enforcement division have been working with inspectors to conduct English language proficiency reviews for all commercial license operators on Texas roadways. Evaluations ensure drivers possess the necessary communication skills for roadway safety and compliance with federal regulations, according to state policy.

State employees have been aggressively targeting commercial drivers after Gov. Greg Abbott earlier this year directed Texas DPS troopers to enact “zero-tolerance enforcement of federal safety regulations across the board – whether drivers are operating across state lines or only within Texas.”

"Truckers play an instrumental role in Texas' robust economy and in keeping our highways safe," Abbott said. "Every commercial driver license operator on Texas roadways must be able to communicate clearly in English to ensure compliance with traffic laws, follow safety directions, and prevent accidents.”

Abbott also directed DPS to stop issuing intrastate commercial driver licenses for drivers who cannot speak English sufficiently to communicate with department personnel.

The initiatives were taken after President Donald Trump issued an executive order in April to enforce English proficiency for commercial drivers.

While federal law mandates commercial vehicle drivers to be proficient in reading and speaking English, the requirement wasn’t enforced under previous administrations.