As the federal government’s attempt to limit which non-citizens are eligible to obtain commercial driver’s licenses plays out in court, a number of states' legislative sessions for 2026 have ramped up efforts around non-domiciled CDLs to take matters into their own hands.
In Oklahoma in particular, a bill introduced in the state’s Senate would outright ban non-domiciled CDL and commercial learner’s permit holders from operating within state lines. State Senators appear to have taken a page out of Arkansas legislators’ book after a bill with a similar provision was introduced early last year and later withdrawn following state trucking association objection and compromise legislation directed at English-language-proficiency standards, ultimately successful.
Oklahoma’s SB1222, introduced by state Sen. Kendal Sacchieri, bars Service Oklahoma from issuing non-domiciled CDLs and CLPs, while also banning any person holding a non-domiciled CDL or non-domiciled CLP from operating in the state, regardless of the state of issuance.
The bill also proposes to increase fines for drivers found to be in violation of the provisions of the bill. Under a bill passed in Oklahoma last year, non-domiciled CDL and CLP holders were required to possess a valid work visa and provide proof of citizenship to prove identity while operating a CMV. Fines for violations of that law were set at $3,000.
Sacchieri’s new legislation would more than triple that fine to $10,000 for any driver with a non-domiciled CDL or CLP operating in Oklahoma, period. Drivers convicted of violating provisions of the bill would be prohibited from operating a CMV in the state until they can provide a valid CDL or CLP. Violating that prohibition would lead to a misdemeanor charge that carries a fine of up to $1,000 or up to 90 days in jail.
Similar legislation introduced in Oklahoma -- SB1628 intro’d by Sen. Tom Woods -- would also bar Service Oklahoma from issuing non-domiciled CDLs and CLPs, but it would allow drivers who currently hold an Oklahoma-issued non-domiciled license to continue operating until its expiration. Drivers holding non-domiciled CDL and CLP holders from states other than Oklahoma would be required to possess a valid work visa and provide proof of citizenship to validate identity while operating a CMV.
The visa requirement in SB1628 seems designed to conform to the terms of the Federal Motor Carrier Safety Administration's emergency rulemaking to restrict non-domiciled CDL eligibility to a few classes of non-citizen with valid visas. The emergency rule remains paused, pending changes, after a successful request by petitioners for a U.S. court to halt the rule.
[Related: Meet the owner-op who stopped FMCSA's non-domiciled CDL purge]
Finally, a third bill in Oklahoma introduced this month by state Sen. Adam Pugh -- SB2052 -- would allow non-domiciled CDLs and CLPs in Oklahoma, but would require those drivers to possess immigration documents to prove they can legally hold the license.
For non-domiciled CDLs issued after Sept. 29, 2025, drivers would be required to possess evidence of lawful immigration status as defined by 49 CFR, Section 383.5. Holders of non-domiciled licenses issued before that date (the effective date of FMCSA's emergency rule) would be required to possess an unexpired employment authorization document (EAD) issued by U.S. Citizenship and Immigration Services or an unexpired foreign passport accompanied by an approved Form I-94 documenting the applicant’s most recent admittance into the country.
A person arrested for violating those provisions would not be allowed to be released on personal recognizance. The bill would also establish a $1,000 maximum fine and/or a term of imprisonment of 90 days for violators.
The Sooner State isn’t the only place taking a closer look at non-domiciled CDLs, however.
[Related: DOT calls out Utah for lapses in non-domiciled CDL issuance]
Georgia
Last week, Georgia state Sen. Jason T. Dickerson introduced SB442, which would automatically revoke CDLs for noncitizens once their visas expire, or after five years, whichever comes first.
Additionally, the bill would require noncitizens to retake and pass the applicable knowledge and skills tests to renew their CDLs, an approach notably informally endorsed by non-domiciled CDL holder, owner-operator and named plaintiff on the federal court challenge to the FMCSA's non-domiciled rule Jorge Rivera Lujan.
“One of our main goals as Senate Republicans has been ensuring that everyone is in our state lawfully, and that extends to our roads,” Dickerson said. “In the last few months, we have seen trucking accidents across the country involving drivers who came here illegally, raising serious concerns about licensing oversight and enforcement. SB442 simply ensures that everyone on our roads can drive responsibly and is fully aware of the rules, training requirements and safety standards that come with operating a commercial vehicle. By strengthening these safeguards, we can better protect the public and ensure that all commercial drivers are properly qualified to do their jobs.”
West Virginia
HB4551 in West Virginia would require non-domiciled CDL and CLP holders to also possess a valid work visa and provide proof of citizenship to validate identity while operating a CMV. Violators would be fined $3,000 per violation.
South Dakota
A bill passed unanimously by the South Dakota Senate is now in the state’s House. SB180 would essentially codify the Federal Motor Carrier Safety Administration’s interim final rule from September limiting non-domiciled CDL issuance.
It would require non-domiciled CDL applicants to have lawful, employment-based nonimmigrant status in the H-2A, H-2B, or E-2 visa category. Non-citizen applicants would also be required to provide an unexpired foreign passport and an unexpired form I-94 or I-94A that indicates a specified type of employment-based nonimmigrant status at every issuance, transfer, renewal, and upgrade
The expiration date on any non-domiciled CDL or CLP would be required to match the expiration date on the I-94 or I-94A, or expire within one year of issuance, whichever is sooner.
Missouri
A similar bill is under consideration in the Show Me State. HB1763 there would require that non-domiciled CDL and CLP applicants provide evidence that they hold an H-2A, H-2B or E-2 visa.
Applicants must also provide an unexpired Form I-94 or I-94A and an unexpired foreign passport for every license issuance, transfer, renewal and upgrade. License expiration dates would also either align with the I-94 or I-94A, or be limited to one year, whichever is sooner.
[Related: FMCSA 'on-site investigating' carrier whose 'illegal alien' driver's crash killed 4 in Indiana]
